Introduction On June 14, 2024, the Superior Court of Québec issued a decision1 interpreting section 938.1.2.2 of the Municipal Code of Québec, which came into force in 2019. This provision gives a person interested in participating in the awarding process the opportunity to file a preliminary complaint about a requirement in the tender documents that they believe does not ensure the honest and fair treatment of tenderers ...
The data breach at controversial dating site Ashley Madison exposed 36m users in 2015. It heralded a new age of global data protection laws, but could it happen again? A recent Netflix documentary is retelling the story of the mass data breach in 2015 affecting up to 36 million users of the Ashley Madison website. A decade ago, the Canadian site’s USP was already proving controversial: catering for happily married people looking for a discreet affair ...
The Pennsylvania Supreme Court will soon hear arguments in a case that may have far reaching implications for businesses facing consumer protection claims in the state. The Court has granted allocator in Halpern v. Ricoh U.S.A., Inc ...
Cyber reporting requirements for Bermuda insurers, insurance managers and insurance intermediaries following the CrowdStrike faulty software update Key reporting obligations Prompt notification Bermuda insurers, insurance managers and insurance intermediaries (including brokers, agents and insurance marketplace providers) (each, a "Registered Person") must forthwith notify the BMA upon coming to the knowledge, or having a reason to believe, that a cyber reporting event has occurred ...
Recently, the U.S. Court of Appeals for the Federal Circuit provided a cautionary tale for trade secret owners who seek preliminary relief against a competitor who hires its former employees but do not clearly articulate the trade secrets the owner seeks to protect. In early 2023, Insulet Corp. sued EOFlow Co. in the District of Massachusetts for misappropriating trade secrets supposedly obtained from employees EOFlow hired away from Insulet years earlier ...
****Dear Ladies and Gentlemen!**** The authorities in Russia and the rest of the world have recently been paying more and more attention to data protection issues ...
On July 24, 2024, the joint committee approved what should be the final draft of the bill that amends Chilean Data Protection Law N° 19,628 (the “Law”). After this stage, the draft of the Law needs to be approved by both the Senate and the Chamber of Deputies. Upon approval, it will be sent to the President of the Republic for presidential approval and eventually will be subject to review by the Constitutional Court ...
Effective July 29, 2024, the Federal Trade Commission (“FTC”) has issued a final rule that expands the scope of its existing Health Breach Notification Rule (“HBNR”) to include health and wellness applications (“apps”) typically associated with wearable technologies such as smart watches ...
The EU’s much-anticipated AI Act has finally reached the statute book, with the legislation due to formally enter into force in early August. The arrival of the legislation represents a genuinely momentous shift in the focus of regulation of AI and its associated technologies, stepping away from the line of thinking that AI is just another category of software which should be subject to the same laws, standards and regulation as other, similar technologies ...
The Chancellor’s statement on 8 July 2024 stated that mandatory housing targets will be restored as part of the reform of the National Planning Policy Framework in England and Wales. This is expected to be included in the King’s speech on 17 July. The planning regime in Scotland is devolved and it is the National Planning Framework 4 (NPF4) that applies. Challenges and court cases followed the publication of NPF4 in February 2023 ...
On July 5, 2024, the Financial Market Commission (“CMF”) updated its "Frequently Asked Questions" document related to General Rule No. 502 (“NCG 502”). The NCG 502 regulates the registration, authorization, and obligations of financial service providers under Law No. 21.521, known as the "Fintech Law ...
Introduction On July 2, 2024, the Superior Court rendered a decision in Lallier c. Société d?assurance Beneva inc.,1 ruling on an insured?s claim against his insurer for an insurance benefit further to a loss, as the insurer had denied coverage, alleging the insured?s intentional fault. Despite the absence of hard evidence of the insured?s intentional fault, the Court ruled in favour of the insurer based on evidence established by presumption ...
Businesses throughout the United States have been monitoring the lawsuit filed by Ryan LLC, which challenges the legality of the Federal Trade Commission’s ("FTC") Non-Compete Rule (the “Rule”). The Rule is scheduled to take effect on September 4, 2024. It makes most existing non-compete agreements unenforceable and prohibits new agreements except in limited circumstances. On July 3, 2024, the U.S ...
As previously reported, on April 24, the Federal Trade Commission passed a Final Rule that would render almost all non-compete agreements with workers unlawful, effective September 4, 2024. However, a recent decision from the Northern District of Texas blocked enforcement of that Rule for a short list of litigants and casts doubt on the Rule’s enforcement in the future ...
Roskomnadzor (Russian Data Protection Authority) plans to make it easier for personal data subjects to revoke consent to the processing of personal data Roskomnadzor proposes making it possible to ****revoke consent**** to the processing of personal data “in one click” ...
In this article we look at some of the key factors that influenced deal term trends through analysing the many transactions Shoosmiths advised on over the last year. For the third successive year Shoosmiths remained the UK’s most active law firm advising on mergers and acquisitions (according to Experian MarketIQ), acting on over 400 deals worth over £7bn in 2023 ...
A podcast series that explores privacy themes within some of the most well-known movies. In this episode, William Moore and Paula Kelly return to the Wizarding World to once again discuss the Harry Potter films. Whether you are a film buff, a privacy advocate, or simply curious about the intersection of storytelling and privacy, take a journey with us as we explore how the big screen tackles privacy ...
The Supreme Court has overturned the Chevron Doctrine–a four decade-old ruling that enabled Federal agencies, including the Internal Revenue Service (“IRS”), to interpret ambiguous laws passed by Congress, and to have such interpretations enjoy a significant degree of deference ...
Administrative law has long had a reputation for boredom. But three blockbuster cases out of the Supreme Court last week have changed that. Each case is its own game changer, but together, the three cases are a sea change in an area of law typically known for consistency. Three things you need to know: In Ohio v. EPA, the Supreme Court stayed the EPA’s enforcement of a federal clean air plan covering more than 20 states ...
Malta has been a forerunner in regulating digital assets with the introduction of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (the “VFA Act”) back in 2018. Following its approval in 2022 and publication in 2023, Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) has an 18-month window to become fully enforceable by 30th December 2024 ...
Ban on foreign information security services from “unfriendly” jurisdictions Decree No. 250 of the Russian President dated 1 May 2022 “On Additional Measures to Ensure the Information Security of the Russian Federation” previously imposed restrictions on the ****use of foreign information security means**** ...
The Board concluded that the NDPA does not have authority to impose coercive fines in ongoing cross-border cases. Only in exceptional cases may concerned data protection authorities, such as the NDPA, adopt provisional measures until three months on its own territory. The GDPR sets out that national powers, such as coercive fines, shall not impair the effective powers of the cooperation and consistency mechanism ...
The Automated Vehicles Act (the Act) outlines the safety requirements that manufacturers and operators of automated vehicles will need to meet in order to deploy their goods and services on UK roads. In this article Ben Gardner outlines the key safety areas that will need to be considered ...
Bill Gates said in a blog post: “The development of AI is as fundamental as the creation of the microprocessor, the personal computer, the Internet, and the mobile phone. It will change the way people work, learn, travel, get health care, and communicate with each other. Entire industries will reorient around it. Businesses will distinguish themselves by how well they use it ...
