In the recent case of R v Andrewes [2022] UKSC 24, the Supreme Court considered whether stripping the Defendant of their earnings would be disproportionate when considering the financial benefit obtained by CV Fraud. This article takes us through the facts of the case and Lauren Bowkett, a Principal Associate in the Business Crime and Compliance team, comments on the recent Supreme Court Judgement ...
The European Council of the EU gave formal approval to the Digital Services Act (DSA) on 4 October 2022, which is the most significant update to the legal framework on digital services since the adoption of the E-Commerce Directive in 2000. The focus of the DSA is to improve user safety online by regulating online content, advertising and product sales ...
In another helpful judgment for defendant organisations handling large amounts of personal data, Driver v CPS provides guidance on the quantum of data breach claims where the claimant has suffered distress but not provided medical evidence. The court awarded £250 as the data breach was at "the lowest end of the spectrum", which may indicate where the de minimis threshold for such cases lies and is often a hotly contested point in data breach claims ...
On October 17, 2022, the California Court of Appeal, Fourth Appellate District, Division 3, issued a decision in Golf & Tennis Pro Shop, Inc. v. Superior Court holding that interrogatory responses containing a combination of unverified factual responses and objections only trigger the 45-day clock to bring a motion to compel when the responding party serves its subsequent verifications ...
Female attorneys are leaving the practice of law. Although this isn’t a new problem, it’s a problem that has plagued the legal profession for decades. Many departures go unexplained and leave legal employers reeling. While answers may be hard to come by, I suggest that legal employers look to an unlikely source for information: TikTok. TikTok is a social media networking platform that allows users to post short-form videos ranging from 15 seconds to several minutes ...
The Supreme Court's judgment is a landmark decision of significant importance in the arena of company law and directors' duties ...
On December 7, 2021, in Georgia v. Biden, Case No. 1:21-cv-163, a federal district court judge in the U.S. District Court for the Southern District of Georgia issued a preliminary injunction enjoining enforcement of the COVID-19 vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States. This injunction was nationwide applied to all federal contractors ...
Restrictions on the placement of High in Fat, Salt and Sugar (HFSS) food in prominent locations (in store and online) are now in force with restrictions on volume price promotions delayed until October 2023. What is in force? We discussed the new measures on HFSS food including restrictions on volume offers and new rules on placement and promotion in our previous article ‘Further restrictions on HFSS (high in fat, salt or sugar) foods are coming’ ...
On 22 September 2022, the UK Government published the Retained EU Law (Revocation and Reform) Bill (‘the Bill’). Under the Bill, all retained EU law will be revoked on 31 December 2023 (or at a later date prior to 23 June 2026 if a consensus to delay is reached) unless Members of Parliament take steps to codify it into UK law. The potential regulatory effect of the Bill is seismic ...
In a recent Federal Court decision, Justice Fothergill dismissed AbbVie?s applications for judicial review of the following decisions of the Minister of Health (the ?Minister?): that JAMP was not a ?second person? for the purposes of s 5(1) of the PM(NOC) Regulations; and to issue NOCs to JAMP for its SIMLANDI Presentations. Background AbbVie's drug HUMIRA first received approval in Canada in 2004 as a 50 mg/mL concentration of adalimumab ...
Concepts such as “circular economy”, “plastic neutrality”, and “sustainable consumption and production” became part of Philippine statutory law with the enactment of Republic Act No. 11898 or the Extended Producer Responsibility Act of 2022 (the "EPRA") ...
With the government’s widely publicised plan to end the sale of new petrol and diesel cars in the UK by the end of the decade comes a secondary issue – the need for an extensive electric vehicle (EV) charging infrastructure to support an exponential increase in the number of EV cars on the road. Rollout of EV chargepoints is significantly behind what is needed to meet the predicted demand from 2030 ...
As a part of conversations with clients webinar series, Jonathan Lipman, Group General Counsel of Mercedes-Benz UK, joined Sebastian Price to discuss what IHL team can do to help deliver ESG goals. What does environmental, social and governance (ESG) mean? ESG is about in-house lawyers (IHLs) wanting to do the right thing, together whilst driving the wider goals of the business ...
That’s the question Shoosmiths and Cornwall Insight’s recent report sought to answer, investigating the role the Battery-as-a-Service (BaaS) model could play as part of the UK’s electric vehicle charging network. In a new video, Jonathan Smart, partner and head of mobility at Shoosmiths, discusses the BaaS model, which enables electric vehicle owners and business fleets to swap out depleted batteries for fully charged ones at a service station via a subscription service ...
After one year of processing, last October 12, Chilean Congress passed the Fintech Law initiative (the "Fintech Law"). The speed in the processing of this bill responds to the need to give legal certainty to the Fintech of companies, given their growth in recent years and their importance as a tool for strengthening the national economy ...
With many clients moving towards cloud computing models and looking to outsource certain components of their business to cloud service providers, we often get asked to advise on the legal risks associated with opting for a single-cloud strategy versus a multi-cloud strategy. A company is reliant on one cloud vendor to provide all elements of the cloud solution if it opts for a single-cloud strategy ...
On 25 August 2022, the Minister of Communications and Digital Technologies published the Films and Publications Amendment Regulations, 2022, (“Regulations”) which came into effect on 2 September 2022. The Regulations provide clarity and guidelines regarding the implementation of the Films and Publications Amendment Act, 2019 that came into force on 1 March 2022 ...
On 14 October 2022, the Minister of Finance, Enoch Godongwana, in terms of the Financial Intelligence Centre Act, 2001 (“FICA”) made amendments to the Money Laundering and Terrorist Financing Control Regulations, 2002, which will come into force on 14 November 2022. In terms of these amendments, the prescribed amount for reporting cash transactions under section 28 of FICA to the Financial Intelligence Centre has increased from ZAR24 999 to ZAR49 999.99 ...
The window to apply for the 2023 foreign employee quota is open until the end of November 2022. Enterprises employing or intending to employ foreign employees in 2023 are required to apply for a foreign employee quota from the Ministry of Labour and Vocational Training (“MLVT”) ...
Article by Anne Coulon, Regional Legal Adviser of DFDL A new specialised arbitration institution, the Thailand Court of Arbitration for Sport (“TCAS”), was set up in early October 2022 in Thailand. The creation of the TCAS was initiated by the Thailand Arbitration Center (“THAC”) in cooperation with the Sports Authority of Thailand (“SAT”) to provide services for the settlement of sports-related disputes through arbitration and mediation ...
On October 7, 2022 Federal laws No. 376-FZ and No. 379-FZ which provide supplementary guarantees for employees came into effect. Among other things, new grounds for termination of an employment contract have been introduced and opportunity and procedure for an employment contract suspension for the period of military service have been formalized ...
Weisner v. Google LLC, Appeal No. 2021-2228 (Fed. Cir. Oct. 13, 2022) In its only precedential patent case this last week, the Federal Circuit again revisited the thresholds for disposing of cases under Section 101, brought on a motion to dismiss. In a split decision, the Court affirmed the dismissal of two patents, but reversed the district court concerning two other patents, all of which shared the same specification ...
The Oregon legislature passing Senate Bill 1501 in March of this year set the stage for the Oregon Department of Forestry’s (ODF’s) rulemaking process to implement a comprehensive set of changes to Oregon’s Forest Practices Act (FPA). The rulemaking process is now nearing its conclusion. ODF held hearings and informational meetings on draft rules implementing changes to the FPA stemming from the Private Forest Accord Report throughout September ...
On September 29, 2022, the U.S. Small Business Administration (SBA) issued a final rule amending its small-business size regulations to incorporate the U.S. Office of Management and Budget’s (OMB) North American Industry Classification System (NAICS) revision for 2022 (NAICS 2022) into its table of small-business size standards ...
An increasing number of cases highlighting potential clashes between employees holding gender critical beliefs and the rights of other employees protected by the Equality Act 2010, leave employers having to carefully perform a balancing act of rights ...
