At the end of July, the 11th Circuit Court of Appeals affirmed the dismissal of a roofing contractor’s complaint against another roofing contractor for allegedly interfering with its contract with a condominium association for roof repairs relating to Hurricane Irma. The case illustrates the importance of timing and advancing work related to insurance claims and should serve as a warning to those that regularly wait on insurance payments before beginning work ...
The Leasehold Reform (Ground Rent) Act 2022 (the Act) came into force on 30 June 2022. Headlined as one of the ‘most significant changes to property law in a generation’, the Act restricts ground rents on newly created long residential leases. Ground rents have been replaced by a token one peppercorn per year – effectively zero in monetary value. By restricting ground rent, the government is aiming to make leasehold ownership more affordable ...
Dear valued clients, colleagues and friends, Our TMT Partners, Christina Kow and Timothy Siaw, have co-authored the Malaysian chapter of The International Comparative Legal Guides — Fintech 2022. The chapter covers a broad overview of the development of Fintech and its regulation in Malaysia. Click here to read more. This article was first published in the ICLG —Fintech.https://www.shearndelamore.com/publication/2022/FIN22_Chapter_26_Malaysia ...
Introduction On 30 June 2022, the Council of the European Union (EU) announced1 that the Council presidency and the European Parliament reached a provisional agreement on the proposed markets in crypto-assets regulation (MiCA). More details here. The aim behind the proposed regulatory framework is to bring legal and regulatory certainty for crypto-asset operators across the EU ...
On August 5, 2022, in compliance with the mandate set forth in the new article 19 ter of the law 18,010, on money lending operations, the Financial Market Commission (“FMC”) published, , the General Rule No. 484, with the purpose of regulating the requirements, rules and conditions that the money lending operations granted by entities subject to its supervision or oversight must fulfil (the “GR 484”) ...
Under article 253(d) of the National Internal Revenue Code (NIRC), when an association, partnership or corporation commits an act or omission that violates the Tax Code, the penalty "shall be imposed on the partner, president, general manager, branch manager, treasurer, officer-in-charge, and the employees responsible for the violation". This means that any of the persons enumerated may be criminally prosecuted for the corporation or partnership's criminal act or omission under the code ...
With the lifting of the restrictions on the presentation of winding up petitions, and the likely cash flow pressures caused by price inflation, it is widely anticipated that we will see an increase in the number of companies subject to winding up proceedings ...
Last month the Scottish Government published “Land Reform in a Net Zero Nation”, a consultation paper on a new Land Reform Bill. The paper sets out the proposals for the bill and seeks views on various related issues, including measures aimed at “large-scale holdings”, changes to subsidies, the introduction of a new type of agricultural tenancy, and transparency of land ownership ...
PATENT CASE OF THE WEEK Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings of law professors, students, and legal theorists everywhere: whether artificial intelligence software can be listed as an inventor on a patent application. It cannot ...
The overturning of Roe v. Wade, combined with a largely unknown workers' compensation case presented to the U.S. Supreme Court — for which certiorari was recently denied — reveal the Biden administration's position on cannabis: The Biden administration doesn't care about cannabis issues ...
BUSINESS TODAY LOOKS NOTHING LIKE it did prepandemic. Every industry has experienced a shakeup in how organizations are managed, operated and shaped. COVID-19-driven pivots, the groundswell of demand for social change and continuous uncertainty has led to a long-overdue shift in business priorities. Chief among those is the need to drive innovation, which has never been more essential to success ...
As we reported earlier, the Canadian government published proposed amendments to the Patent Rules in July 2021, to further streamline Canadian patent examination to pave the way for a future patent term adjustment (PTA) system in Canada as per the Canada-United States-Mexico Agreement (CUSMA), as well as to bring Canadian practice in line with the new Patent Cooperation Treaty (PCT) ST.26 sequence listing standard ...
On July 28, 2022, the Michigan Supreme Court determined that employers are prohibited from discriminating against employees based upon sexual orientation. The Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibits employers from discriminating against employees or applicants on the basis of "religion, race, color, national origin, age, sex, height, weight, or marital status." MCL 37.2202(1) ...
This article explores the importance of protecting your cryptocurrency investment by having access to the ‘private key’. Without it, you are not really in control of that cryptocurrency and can’t prove you are the true ‘owner’ of it. Crypto, cryptocurrencies, NFTs, blockchain – exciting, enticing, and quickly becoming a favoured source of investment ...
August 1, 2022: Emi Rowse Igusa has joined Kudun and Partners as a partner launching a brand new Japan Practice to cater to the burgeoning Japanese legal needs in Thailand. She is a specialist in commercial litigation and international arbitration and has represented numerous clients in arbitration cases under the ICC, LCIA, SIAC and TAI rules ...
AML/ATF and Sanctions The Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations 2008 require the Bermuda regulated sector and relevant persons to put in place policies and procedures in order to prevent activities related to money laundering and terrorist financing and to apply enhanced customer due diligence to high-risk jurisdictions ...
The current regime Under the current regime in the Cayman Islands, the only option for a company to obtain a moratorium on claims, and to benefit from what is often seen as necessary breathing room to explore a restructuring, is for a winding up petition to be issued against the company and for the company to be placed into provisional liquidation, with provisional liquidators (JPLs) appointed over the company on a light-touch basis with the mandate to explore a restructuring of the company&r
Realtime Adaptive Streaming LLC v. Netflix, Inc., Appeal Nos. 2021-1484, -1485, -1518, -1519 (Fed. Cir. July 27, 2022) In our Case of the Week, the Court of Appeals for the Federal Circuit concisely affirmed an award of attorneys’ fees for gamesmanship that can be politely characterized as “impermissible forum shopping.” Judge Reyna dissented because he did not think the sanctions went far enough ...
The recent Argos decision has partially overturned the Bakers of Nailsea decision in relation to summary only offences and the requirements of Criminal Procedure Rules. Public prosecutions begin after an authorised body applies to the magistrates’ court for a summons alleging an offence. The rules underpinning this process are in the Criminal Procedure Rules (CrimPR) Part 7 (and associated Practice Direction). One such rule, CrimPR 7 ...
A year after Ms Maya Forstater succeeded in establishing in the Employment Appeal Tribunal that gender-critical beliefs are a protected philosophical belief under the Equality Act 2010, she has won two of her claims for direct discrimination and one claim for victimisation. Employers need to tread very carefully both to balance individual employees' rights to hold sometimes conflicting protected beliefs and to foster a culture that is truly inclusive ...
Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for July 2022. Financial Services Bank Negara Malaysia issues new policy documents for Money Services Business Tax & Revenue Income Tax (Exemption) (No. 5) Order 2022 Income Tax (Exemption) (No. 6) Order 2022 Time Limit for Unabsorbed Adjusted Business Losses Carried Forward (Public Ruling No ...
The Ministry of Public Works and Housing (“MPW”) has issued the Circular Letter No. 21/SE/M/2021 on The Procedures for Fulfillment of the Business License Requirements, the Implementation of Construction Work Competence Certification, and the Implementation of Business Entity Certificates and Construction Work Competence Certificates (“Circular Letter”) ...
In order to provide clarity regarding the tax obligations of financial technology providers and users in Indonesia, Indonesia’s Minister of Finance (“MOF”) issued MOF Regulation No. 69/PMK.03/2022 on the Income Tax and Value Added Tax on the Organization of Financial Technology (“MOF Reg 69/2022”) on 30 March 2022, which came into force on 1 May 2022 ...
