On 25 March 2022, the European Commission and the United States Government announced an “agreement in principle” on a new EU-US Trans-Atlantic Data Privacy Framework (the Framework). The purpose of this is to address the concerns that the Court of Justice of the European Union (CJEU) raised in the Schrems II decision, and thus allow the flow of personal data from the EU to the US in a manner that is compliant with the requirements of the GDPR ...
HM Treasury has recently published the outcome of its UK Prospectus Regime Review. The Review Outcome sets out important reforms to the UK prospectus regime for the public issuance of securities and admission to trading on capital markets, outlining the policy approach the UK Government will take following last year's Prospectus Regime Review consultation. This briefing note sets out the key measures confirmed by the UK Government in the Review Outcome ...
In a recent real estate case, a court dismissed a lawsuit by a buyer to require the seller to sell him the property because the court found that the agreements between the parties contained in text messages and emails were unenforceable. This raises a significant concern over the enforceability of changes or amendments to construction contracts made by text or email, especially ones that will take a long time to perform ...
Republic Act No. 11659 (“RA 11659”) or “An Act Amending Commonwealth Act No. 146 otherwise known as the Public Service Act” as amended, was signed into law by President Rodrigo Duterte on 21 March 2022. The amendment of the Public Service Act was made pursuant to the State’s policy of encouraging private enterprise and expanding the base of investment in the country, with the goal of providing efficient, reliable, and affordable services to all ...
Genuine Enabling Technology LLC v. Nintendo Co., Ltd., Appeal No. 2020-2167 (Fed. Cir. Apr. 1, 2022) The Federal Circuit’s only precedential patent opinion this week turned on issues of claim construction. In particular, the issue was the effect of statements made by the applicant during the patent’s prosecution. The Court held that the district court erred in applying too narrow a construction, and reversed with a modified construction ...
Myanmar will this month re-open for international flight arrivals after a two-year ban and will restart online visa applications, citing a significant decrease in COVID-19 infections across the country. The decision to resume foreign flights was made in line with the latest COVID-19 restrictions issued by the Ministry of Health under the State Administration Council (“SAC”) and was announced as a measure to support the Myanmar economy ...
In light of the current geopolitical situation, the severe US and EU sanctions, and Russian counter sanctions imposed in response, many international companies have already announced their plans either to leave the Russian market, or to temporarily suspend their business operations in Russia. The current unprecedented situation is a great challenge for companies, since it requires complex decisions to be made, in a very short time ...
The UK’s new safeguard mechanism for international transfers of personal data came into force on 21 March 2022. Organisations that make restricted transfers of personal data should review their data transfer processes now ...
As we begin to emerge from the pandemic, many issues which have been on the back-burner over the past few years are starting to resurface. In this article we take a look at some hot topics and legal developments we are expecting to take place this year. Flexible working As those of us who have worked from home for the past two years start returning in earnest to the office, flexible working is on everyone’s lips ...
AUTHOR: Lynn Lazaro Partner, Kochhar & Co. Bangalore Office EMAIL: [email protected] NFTs have been around since 2015 on the Ethereum blockchain and have significantly grown over the years especially in the digital art industry. However, not all NFTs are art related. Some NFTs are also attached to physical products where they could act like security. “NFT” basically stands for a “non-fungible token” ...
On 28 March 2022 the government published its paper Taking charge: the electric vehicle infrastructure strategy1 (Taking Charge) and an accompanying document, Government response to the CMA’s Electric vehicle charging market study (the Response).2 At the current roll-out of approximately 600 public chargepoints installed every month, there will be close to 90,000 chargepoints in the United Kingdom by 2030 ...
Economic sanctions The sanctions imposed by the UK, European Union and US following the recent invasion of Ukraine by Russia target the Russian economy. Whilst Russia is the largest country in the world, in terms of the global economy it only made up 3.11% of Global GDP in 2020. The sanctions imposed however will still have wide ranging impacts on all areas of the global market, and can already be seen in dramatically rising energy prices ...
By Glenn Kangisser Shu Shu Wong March 11, 2022 Earlier this month, the English Commercial Court upheld an appeal from an arbitration in MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) that a “reasonable endeavours” requirement in a force majeure clause, invoked due to the impact of US sanctions on Russia, did not require the party claiming force majeure to accept non-contractual performance ...
By Jeffrey Wolfson March 22, 2022 In the wake of financial sanctions by the United States, the United Kingdom, EU nations, and various other countries against Russia for its unprovoked attack on Ukraine1, you might be considering what, if anything, to do about your patents, trademarks, utility models, industrial designs, etc., in Russia. You may have already decided to write off your Russian IP as a complete loss ...
Key Points The U.S. Court of Appeals for the Ninth Circuit held that the City of Salinas's challenged zoning ordinance did not violate the "substantial burden" provision of the federal Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") but that it did violate the "equal terms" provision ...
[!<CDATA[ Generally, the government has immunity from being sued with some exceptions grounded in statute or case law. Having a contract with the federal government is one such exception, and an interrelated exception falls under the Severin doctrine ...
During the US President’s visit to Brussels, President Biden and President of the European Commission, Ursula von der Leyen, stated on Friday 25 March that the parties have agreed on the main principles of a new agreement on the protection of personal data transferred to the United States. While a concrete agreement text has not yet been published, the US White House has published a Fact Sheet explaining the key principles to be expected in the final framework ...
The 31st of March is already an auspicious date in the Cambodian tax calendar: It is the deadline for most taxpayers in Cambodia to submit their annual Income Tax return. This year, however, the last day of March is also the deadline for non-resident e-commerce providers to register for value-added tax (“VAT”) in Cambodia ...
On March 15, 2022, President Biden signed an omnibus spending package for the upcoming fiscal year. Included in its nearly 3,000 pages is a reauthorization of the Violence Against Women Act (VAWA). As reauthorized, VAWA includes numerous safeguards to protect women and other victims of gender violence nationwide ...
When it comes to continuing disclosure, two of the more common “material events” to occur are rating changes and the incurrence of a “financial obligation.” As a general matter, these are reportable events that should be posted to Electronic Municipal Market Access (EMMA). However, as a practical matter, these material events are frequently overlooked ...
On March 15, 2022, President Joe Biden signed into law the Consolidated Appropriations Act, 2022, which was passed by Congress on March 8, 2022 (CAA). The CAA temporarily extends meaningful changes for reimbursement of Medicare services delivered via telehealth. All CAA provisions regarding telehealth amendments will last for 151 days following the expiration of the Public Health Emergency (PHE), which is currently set for April 16, 2022 ...
Energy efficiency is an important element for the location of data centres. A trade agreement with New Zealand could lead to a growth of demand from UK data holders for data centres in New Zealand. Background The data centre market is affected by numerous complex elements. Some support growth in the United Kingdom, such as the need to ensure United Kingdom data is in UK facilities if data privacy measures cannot be put in place for storage of data abroad ...
