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Shoosmiths LLP | July 2022

The Court of Appeal has dismissed an appeal by commercial tenants against the High Court’s summary judgment rulings ordering them to pay rent arrears notwithstanding the COVID-19 pandemic ...

ALTIUS/Tiberghien | July 2022

In a ruling of 19 April 2022, the Belgian Supreme Court decided that an A1-certificate issued by a competent foreign authority to a posted worker does not exclude compliance with the DIMONA obligation. Does this mean that all foreign employers posting employees to Belgium must now file both a LIMOSA and a DIMONA declaration? This article sheds some light on the scope of the Supreme Court’s decision and the particular context in which it was taken ...

New Past Performance Regulations from the SBA: Section 868 of the National Defense Authorization Act for Fiscal Year 2021, Public Law 116–283, required the Small Business Administration (the SBA) to develop regulations that permit small businesses, when submitting offers in response to federal procurements, to use their past performance as a member of a joint venture or as a subcontractor to a prime contractor ...

Shoosmiths LLP | July 2022

Chloe, the assistance cat, has hit the headlines of several newspapers over the past few weeks, following her owner (Mr Fenn) bringing a claim under the Equality Act 2010 against Sainsbury’s supermarkets after they refused Chloe’s entry to the store. Mr Fenn has autism; a consequence of his autism is that he experiences sensory overload in busy places such as the supermarket and he states that Chloe helps him to focus ...

Shoosmiths LLP | July 2022

The Government has announced the dates for implementation of the Economic Crime (Transparency and Enforcement) Act 2022. Overseas entities with prospective or existing land holdings in the UK must plan for the impact of the Act. The Act implements plans to address hidden foreign investment in the UK as part of the government’s strategy to crack down on overseas criminals using UK property for money-laundering ...

Shoosmiths LLP | July 2022

Houst’s Restructuring Plan was sanctioned last week. It was notable because of its size, that is, the company is very small compared with the financial giants which have used the process so far - and because it used the cram-down facility to overrule HMRC in its status as a secondary preferential creditor ...

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CareDx, Inc. v. Natera, Inc., Appeal Nos. 2022-1027, -1028 (Fed. Cir. July 18, 2022) In its only precedential patent opinion this week, the Federal Circuit held patents directed to the detection of organ transplant failure to be ineligible under Section 101.  The patents at issue were all owned by Stanford University and licensed to CareDx.  The patents concern the detection of organ transplant failure.  When a transplanted organ is rejected, the body releases cfDNA ...

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Competitive gaming is growing – quickly!  Esports are growing in popularity and have already become a central feature of the entertainment landscape. Esport teams and events are becoming sophisticated and commercially valuable operations as they capture a growing number of eyeballs, clicks and high profile sponsorships ...

Asbestos was used extensively in UK commercial and residential buildings in the 20th century, primarily for insulation, flooring and roofing, as well as being sprayed on ceilings and walls. On health grounds, the UK banned the use and import of all asbestos in November 1999.   The House of Commons DWP Select Committee recently conducted an inquiry into the Health and Safety Executive’s (HSE) approach to asbestos management ...

The United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization that overturned Roe v. Wade’s constitutional right to abortion has had sweeping implications that affect employers, along with the general public ...

ALRUD Law Firm | July 2022

In light of the sanctions imposed, ALRUD experts have prepared an Overview of Russian Counter-Sanctions measures that have been taken in response to the actions of unfriendly countries since 24 February 2022. The overview focuses on: Russian counter-sanctions measures Liability Prospects for foreign business Recent trends in litigation and arbitration Assumptions and limitations The review is updated on an ongoing basis. Follow the link to learn more ...

Shoosmiths LLP | July 2022

Shock to UK employment world The UK employment model was turned on its head by COVID-19 and the restrictions brought in by the Government. The seismic effects of the restrictions and the speed with which they were introduced tested the adaptability and resilience of employers and employees in a way not seen previously in the UK ...

Shoosmiths LLP | July 2022

Switch2 Energy, Shoosmiths and HermeticaBlack came together to discuss procurement and delivery of new, low cost, low carbon heat networks ...

The UK Government published last month its annual report on the application of the National Security and Investment Act 2021 (NSIA). The NSIA came into force on 4 January 2022. The report covers the period commencing from that date to 31 March 2022, though future annual reports will cover a full calendar year. The NSIA is already having a significant effect ...

LG Electronics Inc. v. Immervision, Inc., Appeal Nos. 2021-2037, -2038 (Fed. Cir. 2022)  In this week’s Case of the Week, the Federal Circuit considered how to treat a prior art reference in which the alleged teaching of a claim element would be understood by a skilled artisan not to be an actual teaching, but rather an error of a typographical or similar nature ...

Dinsmore & Shohl LLP | July 2022

Two more states have followed Florida’s lead in adopting laws restricting telephone solicitations. Washington State’s new law went into effect on June 9, 2022. Oklahoma’s Telephone Solicitation Act of 2022 becomes effective November 1, 2022. This means, businesses that make telephone sales calls now must navigate not only the federal statute, but various state laws, some of which are more stringent than their federal counterpart ...

Dinsmore & Shohl LLP | July 2022

You have the right to remain silent and to an attorney, and what you say can be used against you in a court of law.  From Sergeant Joe Friday on “Dragnet” to Lennie Briscoe on “Law & Order,” millions of television viewers have been Mirandized by these all-too-familiar warnings such that they have become as much a part of police work as handcuffs and a badge ...

Dinsmore & Shohl LLP | July 2022

I. Introduction Rising interest rates and a general economic downturn in 2022 has impacted the value of digital assets, including the relatively well-established likes of Bitcoin and Ether. In addition to market headwind, momentum around federal digital assets regulation is growing, culminating in the proposed “Responsible Financial Innovation Act” (the “RFIA”) ...

Shoosmiths LLP | July 2022

Lauren Bowkett is a principal associate in the financial crime team at Shoosmiths. She has experience in providing financial crime compliance advice, including advice in relation to the Modern Slavery Act (“MSA 2015”). In this article Lauren takes us through the key features of the Modern Slavery Bill and gives her comment on the potential amendments. The new Modern Slavery Bill will seek to strengthen the Modern Slavery Act 2015 ...

PLMJ | July 2022

The State Budget Law for 2022, Law 12/2022 of 27 June (“SBL2022”) was published on 27 June 2022 and came into force on the following day. SBL2022 is framed in a context of expectations for the economic recovery of the country in what is hoped will be a post-pandemic period. It has been presented as a budget that promotes economic recovery and reinforces policies favourable to investment. However, the greatest changes that have been proposed relate to the taxation of individuals ...

Mamo TCV Advocates | July 2022

  Legal Notice 201 of 2022 has been published on the 13th July 2022 and will come into force on the 2nd August 2022. These regulations were enacted with the aim of transposing the EU Work-Life Balance Directive which was introduced and became part of EU law in August 2019. The main provisions of this legal notice are the following: 1 ...

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