Regulation brings uniformity and security, which may feel anathema to the fundamental premise of distributed ledger technology (specifically blockchain and the nascent crypto industry blockchain technology allows) – a world that needs neither trust nor centralized authority. Nevertheless, two U.S. senators are pushing to reconcile these seemingly contrary positions and priorities ...
On June 15, 2022, the U.S. Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana (“Viking River Cruises”), holding that California employers can compel employees to arbitrate their individual claims under California’s Private Attorneys General Act (PAGA). Plaintiff Moriana had signed an employment contract containing a mandatory agreement to arbitrate any dispute arising out of her employment with Viking ...
The Supreme Court refuses to re-open lease contracting-out issues previously determined by the Court of Appeal. The Supreme Court has denied the Fragrance Shop’s request for leave to appeal the Court of Appeal’s decision in TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2021] EWCA Civ 688 ...
On June 20th, 2022, Law No. 21,459 (hereinafter, the "New Law") was enacted, repealing the Law No. 19,223 (which regulated the former cybercrime offenses), and including several new rules to adapt our legislation to the Cybercrime Convention of the European Council, known as the "Budapest Convention", and to the necessities of a modern society ...
On 28 May 2022, the Belgian law transposing EU Directive 2019/2161 into the Code of Economic Law (CEL) entered into force (the “Omnibus Act”). The Omnibus Act aims to modernise consumer protection given the increasing development of e-commerce. In addition to new transparency obligations for online marketplaces, the Omnibus Act has new general information obligations, and new unfair commercial practices and obligations for price reduction announcements that apply to all retailers ...
University of Massachusetts v. L’Oréal S.A., Appeal No. 2021-1969 (Fed. Cir. June 13, 2022) In an appeal from the U.S. District Court for the District of Delaware, the Federal Circuit addressed (1) whether the district court relied on the proper claim construction to arrive at its indefiniteness conclusion; and (2) whether UMass was entitled to jurisdictional discovery before the district court granted a motion to dismiss based on lack of personal jurisdiction ...
Bermuda remains a preferred jurisdiction in which to establish and maintain trusts (and increasingly, family offices). Bermuda's Courts and regulatory regime carefully balance privacy with the objective of maintaining appropriate regulation to preserve Bermuda's stellar reputation as a premier international financial services jurisdiction ...
Purpose of the new legislation The new legislation is intended to achieve three objectives, to: promote accountability, integrity and public confidence in the administration and management of the charitable sector in Guernsey; meet international standards aimed at preventing the third sector from being abused for criminal purposes; and give comfort to donors that their donations will be used to achieve the purposes of the charity ...
The Second Circuit recently broadened the circumstances for when a public company should disclose government investigations. Bradley partner Elisha Kobre explains that companies will need to consider when reasonable investors would “want to know” about a probe, which is a higher standard than in earlier cases ...
Background On 23 May 2022, the latest amendment to the Public Limited Companies Act (No. 4), B.E. 2565 (2022) (the “PLC Amendment”) was published in the Government Gazette and it became effective on May 24, 2022. The PLC Amendment aims to facilitate public limited companies by allowing greater use of electronic communications in their business operations ...
The UK is facing a series of economic shocks, fuelled by the increased cost-of-living, the Ukraine war hitting the global supply chain, and lasting disruption of the Covid-19 pandemic. The combination of issues has led to shifts in shopping behaviours, working patterns and residential needs, while also impacting demand for space in traditional retail and leisure districts. Remedial action is needed to deal with these pressures and the resultant damage to UK high streets ...
Québec has passed and enacted Bill 96, also known as An Act respecting French, the official and common language of Québec, a major reform to its Charter of the French Language ...
On 9 June 2022 we organised Social Mobility in Action -The Shoosmiths Foundation and End Youth Homelessness’ webinar. The event was hosted by Simon Boss, Shoosmiths, with special guests Faye Edmondson of End Youth Homelessness and Megan Stott of Deliveroo. The Shoosmiths Foundation, launched in 2021, is a grant making body working to help address societal issues, to empower sustainable change and to improve the lives of the people and the environment in the UK ...
In a class action lawsuit filed Monday in the United States District Court for the Northern District of California, Binance.US (Binance), a major cryptocurrency exchange, has been accused of misleading investors surrounding the Terra blockchain ecosystem. This is the first major court filing in the United States relating to Terra, whose UST and LUNC tokens crashed in May, wiping out around $40 billion in investor funds ...
June 13, 2022 By: Melissa Richards On June 9, 2022, the California Department of Financial Protection and Innovation (CA DFPI) issued its long awaited final regulations implementing SB 1235’s (2018) new early disclosure requirements on commercial financing offers equal to or less than $500,000. The CA DFPI regulations take effect December 9, 2022. The final regulations can be found at Title 10, Chapter 3 of the California Code of Regulations. The link to Chapter 3 is HERE ...
The United Kingdom (UK) Economic Crime (Transparency and Enforcement) Act (the Act”) came into force on 15th March, 2022. A new Register of Overseas Entities will be created and held by Companies House. This new Act forms part of the UK government’s strategy to combat economic crime, while making sure that legitimate businesses continue to see the UK as a great place to invest ...
Dear valued clients, colleagues and friends,Our Investigation & Crisis Management partners, Rajasingam Gothandapani and Sathya Kumardas, have co-authored the Malaysian chapter of The Legal 500 Country Comparative Guide to Bribery & Corruption 2022 ...
The U.S. EPA proposed a new rule under the Clean Water Act reversing the Trump Administration’s rule for water quality certifications under section 401 of the Act. Section 401 provides states and tribes with authority to protect waters within their jurisdiction from pollutant discharges originating from federally-licensed or -permitted projects ...
Many companies have a keen interest in recycling and upcycling old products for resale, both for environmental and promotional purposes. But when those products contain third-party intellectual property, there can be trademark and copyright concerns. Dinsmore intellectual property partner Karen Gaunt wrote about this topic for Best Lawyers' Women in Law issue, out this month. Gaunt herself has been named a Best Lawyer multiple times since 2013. An excerpt of the article is below ...
Pavo Solutions LLC v. Kingston Technology Company, Inc., Appeal No. 2021-1834 (Fed. Cir. June 3, 2022) In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed a $7M compensatory damages award and, in doing so, dealt with questions of when a district court can correct errors in patent claims, whether a defendant can willfully infringe a patent that has been judicially corrected, when to exclude expert testimony, and when an issue has been preserved for appeal ...
June 6, 2022 By: Joshua Robbins and Alexander Carroll On May 4, 2022, New Jersey federal district judge Kevin McNulty unsealed a decision ordering Cognizant Technology Solutions Corp. to produce two of its former executives unredacted versions of memoranda and notes from its outside counsel’s internal investigation into foreign bribery at the company ...
I've spent half my career helping business and real estate owners solve their problems - or at least that is what I thought I was doing as a commercial litigator. I've grown increasingly convinced, though, that most commercial cases do not belong in court. Courts are public, slow, and generally not equipped to deal with business, real estate, or land use questions. Courts don't care about fluctuations in market prices, construction seasons, or building cycles ...
With inflation in the United States ballooning 8.2% since April of 2022, government contractors with firm fixed price (FFP) contracts are looking for relief. Unfortunately, the Department of Defense (DoD) recently issued a memorandum indicating that requests for equitable adjustments will not mitigate inflation’s impact to existing FFP contracts. On May 25, 2022, DoD issued a memorandum providing “Guidance on Inflation and Economic Price Adjustments ...
