The Court of Justice of the European Union has given a welcome answer to the question of under what circumstances embedding, by means of the technique of framing, should be regarded as a communication to the public that requires the copyright holder’s prior authorisation. In doing so, it has decided not to follow Advocate General Szpunar’s proposed approach (discussed here) ...
The EB-5 Immigrant Investor Program is one that attracts its fair share of attention, not all of it good, and too much of it from organizations named with that part of the alphabet — SEC and DOJ — that can strike fear in the heart of a business person. And Texas is often the center of the investigators’ focus ...
On 14 March 2021, the law of 5 March 2021 on certain rules for the implementation of Regulation (EU) No 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (the “P2B Regulation”) (hereinafter the “Law”) entered into force ...
The legal and practical issues that arise when executing documents electronically with a focus on practical points to consider and pitfalls to avoid. This is quite a hot topic at the moment with businesses having to continue to operate during lockdown ...
Courts nationwide have struggled for years with the question of when a subjective opinion is false under the False Claims Act. The Supreme Court’s decision to deny review of two cases involving health-care providers that had allegedly submitted false claims for payment based on subjective clinical judgment still leaves us without a uniform, national answer, says Nicholas A. Danella. The U.S ...
Last week upon final passage by Congress, President Joe Biden signed the American Rescue Plan Act (ARPA or Act) into law.[1] The $1.9 trillion economic stimulus bill provides a comprehensive package of available funds to qualifying individuals and businesses in the form of direct payments, industry-specific grants, and tax credits ...
The National Information Technology Development Agency (NITDA) has extended the timeline for filing the 2021 data audit report from 15 March 2021 till 30 June 2021. In 2019, the National Information Technology and Development Agency (‘NITDA’) issued the Nigerian Data Protection Regulation (‘NDPR’) ...
Behind every video game, there is intellectual property (IP) which is worth protecting to optimize monetisation of the game. As discussed in Studios and designers: Are you sure that you own the intellectual property rights to your video games, the first step for studios and designers is to make sure that they own all IP rights on the video game ...
The SEC Division of Examinations issued a Risk Alert on Feb. 26, 2021, providing the Division’s observations made during examinations of investment advisers, broker-dealers and transfer agents regarding digital asset securities. For purposes of the Division, digital asset securities are those digital assets that are securities ...
Asset tokenisation is poised to tear down the high barriers to luxury investments. Imagine you are a whisky aficionado. Having witnessed rare Scotch trounce many investments over the past 10 years, you are eager to jump on the bandwagon. It is, after all, a complementary way to fund an expensive hobby; according to industry watcher Rare Whisky 101’s Rare Whisky Icon 100 Index, UK auction prices of 100 iconic collectors’ bottles have almost quadrupled since 2012 ...
On March 8th, 2021, the government announced that, due to the current status of the Covid-19 pandemic in Chile, it was decided to extend the enforcement of the benefits and entitlements of the employment protection law, protected parenting law and law that temporarily amends the requirements to access to the unemployment insurance. Additionally, the coverage and amounts of the benefits of the Employment Subsidy will be increased ...
It is well established under Ohio law that an injured worker is not eligible to participate in the workers' compensation system for a psychological condition unless it arises from their physical injury. While this remains the case, an exception is being considered to allow first responders to receive benefits should they experience post-traumatic stress disorder due to on-the-job factors. In Armstrong v. John R. Jurgensen Co ...
2020 was an especially active year for FCA enforcement. What does this tell us about compliance in the coming year? Bradley Government Enforcement and Investigations partners Jon Ferry, Ty Howard, and Brad Robertson discuss how the enforcement environment drives compliance, and the areas of risk companies need to focus on this year ...
On Monday, March 8, 2021, President Joe Biden issued a new executive order, which will require a new look at how schools address sex discrimination ...
On February 24th, 2021, the President has signed the law increasing administrative penalties for the breach of personal data laws and introducing new penalties for the breach of information laws. The law enters into force on March 27th, 2021. Liability terms for communication providers’ failure to en-sure sustainable operation enter into force on February 1st, 2023 ...
Brexit and other developments such as the Schrems 2.0 judgment have had and will have a significant impact on, in particular, data protection laws that apply and how businesses transfer their data internationally. What does the EU-UK Trade and Cooperation Agreement say? Data protection is not dealt with in much detail in the Trade Agreement, although it includes a ‘temporary bridge’ mechanism for the free flow of personal data from the EU/EEA to the UK ...
WSG member Simon McArdle, Partner at Shoosmiths, shares his advice for GCs looking to implement tech for the first time, his predictions around the next big thing in legal tech and how to ensure that the legal system and/or tech you invest in doesn’t get retired and replaced shortly after ...
LAW OF 26 FEBRUARY 2021 AMENDING THE LAW OF 27 JULY 1991 ON ELECTRONIC MEDIA AND IMPLEMENTING DIRECTIVE (EU) 2018/1808 (THE "AUDIOVISUAL MEDIA SERVICES DIRECTIVE") The law of 26 February 2021 amending the law of 27 July 1991 on electronic media (the “Electronic Media Law”) and implementing the Audiovisual Media Services Directive was adopted on 26 February 2021 to implement (faithfully) the so-called Audiovisual Media Services Directive ...
In September 2020, a team of MIT researchers published a paper in the IEEE Open Journal of Engineering in Medicine and Biology, testing the hypothesis that coronavirus carriers—even asymptomatic ones—could be accurately detected using artificial intelligence (AI) based on only a phone recording of a forced cough.If this hypothesis is correct, the COVID-19 test can be accessible to people worldwide ...
On March 2, 2021, Virginia Governor Ralph Northam signed the Consumer Data Protection Act (CDPA or law) into law. This makes Virginia the second state, behind California, to adopt a comprehensive consumer data privacy law. Like the California Privacy Rights Act (CPRA) and EU General Data Protection Regulation (GDPR), the CDPA creates a number of privacy obligations for businesses and gives Virginia consumers more control over their personal data. The CDPA takes effect on Jan ...
The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503,1 recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority. The GAO's decision in this case is noteworthy because agencies are increasingly relying on OTAs to meet their procurement needs ...
Signals from the SEC regarding the growing importance to the Commission of ESG disclosures keep coming, seemingly daily. The recently appointed acting director of the Division of Corporation Finance has long pushed the agency for “relevant, material, decision-useful ESG disclosure.” More recently, the SEC announced the creation and filling of the position of senior policy advisor for climate and ESG in the office of Acting Chair Allison Herren Lee ...
There were a lot of good green measures in the Budget and the government deserves credit for recognising the vital role that net zero transition will play in determining our future prosperity. Not just building back stronger but building back greener, with reference clearly made to the role the headline announcement of Freeports will have in supporting the delivery of the UK’s clean energy revolution ...
The Supreme Court has declined to take up the issue of False Claims Act (FCA) “objective falsity” in relation to medical opinions, denying certiorari in paired cases from the Third Circuit (United States ex rel. Druding v. Care Alternatives, Inc.)[1] and Ninth Circuit (Winter ex rel. United States v. Gardens Reg’l Hosp. & Med. Ctr., Inc.) ...
