This inBrief examines the latest amendments to the Bankruptcy Law (Federal Decree Law No. 9 of 2016, as amended) introduced under Federal Decree Law No. 35 of 2021 (the New Law) and their impact on the personal liability of the board of directors and managers of bankrupt companies. The New Law came into effect on 1 November 2021. In contrast with earlier amendments to the Bankruptcy Law (such as Federal Decree Laws No. 23 of 2019 and No ...
On Nov. 10, 2021, the SEC Division of Examinations issued a Risk Alert regarding an advisory fees examination initiative (the Initiative). The Division of Examinations conducted 130 examinations of investment advisers focused on advisory fees, predominantly those charged to retail investors. This Risk Alert supplements the Advisory Fee Risk Alert issued by the Division of Examinations on April 12, 2018 ...
On Nov. 30, 2021, the U.S. Supreme Court heard oral arguments from a coalition of hospital plaintiffs who are challenging Medicare’s nearly 30% reduction in outpatient drug reimbursement rates for 340B Program-participating hospitals ...
On Nov. 10, 2021, the SEC Division of Examinations issued a Risk Alert regarding an advisory fees examination initiative (the Initiative). The Division of Examinations conducted 130 examinations of investment advisers focused on advisory fees, predominantly those charged to retail investors. This Risk Alert supplements the Advisory Fee Risk Alert issued by the Division of Examinations on April 12, 2018 ...
On Nov. 9, 2021, the SEC Division of Examinations issued a Risk Alert regarding investment advisers providing automated digital investment advisory services to clients (robo-advisory services and robo-advisers). These robo-advisers either exclusively provide online services or supplement their traditional investment advisory services by using proprietary software, third-party software, or a combination thereof ...
Biogen International GMBH v. Mylan Pharmaceuticals Inc., Appeal No. 2020-1933 (Fed. Cir. Nov. 30, 2021) For the second time in two weeks, our Case of the Week focuses on the written description requirement, in particular where the patent claims a range. In fact, all three precedential decisions issued this week concern issues relating to patents that claim numerical ranges. Below, we discuss two of those cases in our “Also This Week” section ...
Corporate/M&A Collaboration between Bursa Malaysia Berhad with Capital Markets Malaysia through the Elevate Programme Bursa Malaysia Berhad (“Bursa”) has on 11 November 2021 announced that Bursa will be collaborating with Capital Markets Malaysia (“CMM”) to engage and work with mid-tier companies that are seeking to undertake initial public offering in the next 24 months ...
New rules in relation to statutory transfers rules came into force on 30 November 2021 to protect members’ pension savings from being lost as the result of a transfer to a scam arrangement. Trustees and managers (trustees) must take additional steps before a statutory transfer can be paid. Regulatory guidance The new requirements (and everything in this article) only apply to statutory transfers ...
Tennessee healthcare providers now have a very different certificate of need (CON) law to consider when they plan new facilities or expand services. Tennessee's legislature and governor recently enacted the Health Services and Planning Act of 2021 (Public Chapter 557 or "the Act"), which became fully effective Oct. 1, 2021. The Act changes the substantive requirements for CON approval, as well as the application process to obtain a CON ...
As 2021 runs in search of what’s new, we realize that the pandemic disruption has continued through 2021. The NMLS Ombudsman Meeting was held virtually and the upcoming American Association of Residential Mortgage Regulators (AARMR) Annual Conference will be held in person, but with reduced capacity. These frame the search for “a” normal as licensed mortgage companies balance licensing requirements and health risks while serving their borrowers ...
Kongkoch Yongsavasdikul, partner and co-head of Startup Practice and Suchaya Tangsiri, lead associate of Startup Practice were invited to speak on the SME NEXTFORMATION Program, hosted by True Digital Park on topic “Legal for SME and Startup” SME NEXTFORMATION Program aims to help SMEs, small and medium-sized businesses how to adapt their businesses to survive in this era, teach SMEs to apply innovations to their businesses for sustainable growth, as well as, learn how to in
1. Introduction Equinor’s pioneering «Hywind Tampen» project, set to become the biggest floating wind farm in the world and scheduled to commence construction in late 2022, will mark the first foray into offshore wind production in Norway. Further, the areas «Utsira Nord» (floating turbines) and «Sørlige Nordsjø II» (bottom fixed turbines), both in the North Sea, have as from 1 January 2021 been opened for development ...
The Charities Bill has been a long time coming. More than ten years ago the Law Commission set out to undertake a targeted review of areas of charity law identified as causing uncertainty and carrying a disproportionate regulatory or administrative burden ...
All charities face some risks. The risks your charity might face will depend on factors such as its size, funding and activities. Recently we considered managing those risk at our inaugural charity trustees roundtables ...
The rise in the number of internet users in the last two decades has witnessed an increase in intellectual property infringement and theft. Presently, there exists in massive numbers, bad actors who leverage on the brands, identity and works of innocent internet (particularly social media) users, to derive personal gains and benefits ...
While there is a lot of interest and fascination surrounding existing digital assets, like cryptocurrencies and non-fungible tokens (“NFTs”), many individuals and corporations are ramping up their efforts to market and provide virtual goods and services in the Metaverse ...
Initially published by Thomson Reuters [24 November 2021], Shoosmiths partner Sam Tyfield below explores the Financial Conduct Authority’s policy and supervisory priorities in the areas of market abuse monitoring, data collection and the classification of a ‘venue’ - for the purposes of the FCA Handbook. The Financial Conduct Authority (FCA) released Market Watch 68 on November 16, 2021 ...
What is your outlook for Chinese businesses and investment as we approach the end of 2021? China is, and will continue to be, the strongest market for offshore law firms in Asia. China's outbound investment activity has been subdued since 2016, due to domestic constraints on outbound capital flows and tighter scrutiny of Chinese investments abroad ...
