American Bar Association (ABA) Model Rule 4.2, the “no-contact rule,” provides that: “In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order ...
Did you read the title insurance policy jacket from your most recent real estate transaction? If so, it may have looked different. Title insurance policies are a staple of real estate transactions that are used by both owners and lenders to protect against covered property losses, up to a certain coverage amount, stemming from liens, encumbrances, third-party claims of ownership, and other defects pertaining to the insured property ...
On appeal, the trademark infringement was no longer in dispute. Still, the decision has a fundamental interest in the intellectual property legal space. The judgement deals with principal issues related to compensation claims for trademark infringement where the infringement and alleged damage merely relates to a subpart of the infringer’s ads and turnover. Norgesgjerde and Vindex (the original plaintiffs) claimed total damages and compensation in excess of NOK 10 million ...
All eyes are on the U.S. Federal Reserve as it attempts what many are calling a tightrope walk: raising interest rates just enough to slow the economy without triggering a recession in the hope of achieving an economic soft landing. With the Fed doing everything in its power to make borrowing costlier, factors are facing a similar balancing act ...
Recent months have seen a flurry of developments globally towards the regulation of Artificial Intelligence. Government bodies in the US, UK and EU have released proposals and updates around regulating AI, with each approach showing important distinctions ...
Limited partnerships changes The Limited Partnerships (Amendment No.2) (Jersey) Law 2022 came into force on 12 August 2022. The amendments made pursuant to the law are a modernisation of the Limited Partnership (Jersey) Law 1994, providing clarification and enhancement in certain key areas ...
ESG The Guernsey Financial Services Commission (“GFSC”) ran its Sustainable Finance Week in September and announced three initiatives that came into force from 20 September: The Natural Capital Fund Regime was launched and allows a regulatory designation for biodiversity and natural capital projects that positively contribute and/or reduce harm to the natural world. The regime has arguably more stringent criteria than those for the Guernsey Green Fund Regime ...
Blockchain litigation lead, Matt Green will be hosting our latest podcast series, 'In Early - The Crypto Podcast' - Listen to episode 3. During this five-part series, Matt will be speaking to special guests at the forefront of the digital asset space, telling real life stories, discussing the growth and growing pains of the industry, and exploring how blockchain technology has made an impact on people’s lives ...
In common with the GDPR, The Data Protection (Bailiwick of Guernsey) Law, 2017 (the “Law”) places restrictions on the extent to which personal data may be transferred to recipients outside the Bailiwick of Guernsey (“Guernsey”). Under the GDPR, transfers of personal data are permitted without restriction to countries that the European Commission (the “EC”) has assessed as providing an “adequate” standard of protection for personal data ...
Fast-growing e-commerce has changed lifestyles and invented new ways of consumption, amid which demand has rapidly increased for Internet-based medical services such as online drug sales and online medical diagnosis. Since the regulation and promotion of "Internet-based healthcare services" was included as part of the Outline of the "Healthy China 2030" Plan, China's Internet healthcare industry has been flourishing, channeled by a series of favorable policy decisions ...
A recent decision by a federal court of appeals found a New Orleans’ city code limiting short-term rentals of residential properties (such as AirBnB, Vrbo, Vacasa, etc.) to only landlords who lived inside the city was unconstitutional.In Hignell-Stark v. City of New Orleans, 46 F.4th 317 (5th Cir. Aug. 22, 2022), the Court held the city ordinance was an undue burden on interstate commerce ...
The global Financial Action Task Force (“FATF”) on 21 October 2022 placed Myanmar in the category of “High-Risk Jurisdictions Subject to a Call for Action,” commonly referred to as the “blacklist,” due to its failure to implement its action plan that expired in September 2021. The international watchdog has called upon its members and non-members to apply enhanced due diligence to business relations and transactions with Myanmar ...
In re: Apple Inc., Appeal No. 2022-162 (Fed. Cir. Nov. 8, 2022) In our Case of the Week, the Federal Circuit granted Apple’s petition for mandamus, directing the District Court for the Western District of Texas to vacate a scheduling order that would require Apple and counter-party Aire Technology Ltd ...
On Wednesday, November 9, 2022, the U.S. Supreme Court held a three-hour oral argument in the Brackeen v. Haaland case. Brackeen involves constitutional challenges to the federal Indian Child Welfare Act of 1978 (ICWA) that could have far-reaching consequences on many areas of federal Native peoples’ law, from Tribal sovereignty to the Small Business Administration’s 8(a) program. ICWA ...
A recent decision by a federal court of appeals found a New Orleans’ city code limiting short-term rentals of residential properties (such as AirBnB, Vrbo, Vacasa, etc.) to only landlords who lived inside the city was unconstitutional.In Hignell-Stark v. City of New Orleans, 46 F.4th 317 (5th Cir. Aug. 22, 2022), the Court held the city ordinance was an undue burden on interstate commerce ...
The Criminal Procedure (Amendment No.2) Rules introduce changes to private prosecutions. The Rules amend the existing Criminal Procedure Rules 2020, introducing new criteria that may well serve to curtail the increasing number of private prosecutions, thereby reducing the consequent pressure on the courts and all those involved. The Criminal Procedure (Amendment No.2) Rules The Criminal Procedure (Amendment No.2) Rules (S.I ...
On 3 October 2022 the Environment Secretary (‘ES’), Ranil Jayawardena, announced proposals to raise the maximum civil penalty for water companies who pollute the environment by 1,000-fold, from £250,000 to a proposed £250 million. The proposals are subject to consultation, but if they are implemented, it is hoped they would help to prevent water companies from causing serious polluting incidents and preserve public and environmental health for future generations ...
Since 2013, the National Medical Products Administration ("NMPA")Center for Drug Evaluation("CDE")has been releasing a Drug Review Annual Report ("Report")each year, which summarizes its work on drug review of the previous year ...
The U.S. Government Accountability Office issued its annual bid protest report on Nov. 1.[1] This year's report is noteworthy because it shows that protesters received some form of relief from the procuring agency in more than half of the protests filed with the GAO in fiscal year 2022 ...
The Confederation of British Industry (CBI) has recently published its most recent Financial Services Survey, the results of which demonstrate the effect that Brexit is having on immigration of employees and expertise in to the UK in the financial services sector. There are an estimated 1.1 million UK jobs in the financial services sector. Historically, the sector obtained one fifth of its workers from outside of the UK ...
July was a busy month for the FCA in publishing guidance, policy and rules which have a significant impact on a firm’s relationships with its senior managers and staff. On 30 June, and towards the beginning of the “crypto winter”, Sarah Pritchard, Executive Director of Markets at the FCA gave a speech to the City UK Annual Conference entitled “Finding Opportunity in a World of Uncertainty” ...
How can an employment disciplinary investigation findings determine fitness and propriety? Senior Managers & Certification Regime (SM&CR) firms are under a duty to consider fitness and propriety on an ongoing basis ...
ESG The Guernsey Financial Services Commission (GFSC) ran its Sustainable Finance Week in September and announced three initiatives that came into force from 20 September. The Natural Capital Fund Regime was launched and allows a regulatory designation for biodiversity and natural capital projects that positively contribute and/or reduce harm to the natural world. The regime has arguably more stringent criteria than those for the Guernsey Green Fund Regime ...
On 28 October 2022, the State Administration Council (“SAC”) enacted the Organization Registration Law (“ORL”) via Notification No.46/2022 as per the Section 419 of the Constitution of the Republic of the Union of Myanmar The ORL will repeal the former Association Registration Law 2014 (“ARL”) enacted through the Pyidaungsu Hluttaw Law No. 31/2014 that was subsequently implemented by the Rules Relating to the Registration of Associations on 5 June 2015 ...
Overall, West Virginia’s mid-term election easily can be described as a Red Wave rising, with historic GOP wins in legislative races. At the same time, voters remained cautious when it came to policy decisions, soundly rejecting all four constitutional amendments on the ballot in spite of strong support from the Republican Party and business community. That dichotomy likely will puzzle election watchers for a while ...
