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Schwabe, Williamson & Wyatt | December 2022

Google LLC v. Hammond Development International, Inc., Appeal No. 2021-2218 (Fed. Cir. Dec. 8, 2022) In the only precedential patent decision this week, the Federal Circuit issued a decision concerning the effect of collateral estoppel in an inter partes review (IPR) based on a previous IPR decision ...

Shoosmiths LLP | December 2022

The EU’s Digital Markets Act (DMA) [1] entered into force on 1 November 2022. A business that considers the platform it uses will likely be designated as a ‘gatekeeper’ and that the platform’s rules/behaviour are unfair can take certain steps now [2]. Q1 2023 to Q2 2023 - Engage with the platform to change its rules/behaviour ...

Shoosmiths LLP | December 2022

Meta continues to make headlines for the wrong reasons in the data protection field as this week the Irish data regulator, the DPC fined the tech company €265 million ($275 million) for infringements of Articles 25(1) and 25(2) GDPR. It is nothing new that Meta pushes data protection boundaries ...

Shoosmiths LLP | December 2022

As the Procurement Bill has made its way through Parliament, there has been much talk of giving 'smaller companies a bigger slice of the procurement pie'. It remains to be seen if, and to what extent, the relevant proposed amendments to the Bill are retained in the final version of the legislation.  However, what is striking is the significant challenges many SMEs would continue to face in the event of a breach (or suspected breach) of the procurement rules ...

Buchalter | December 2022

December 9, 2022 By: Thomas O’Connell and Natalie Bryans A Starbucks store in La Quinta, California was recently successful in defending itself against allegations that the store engaged in unlawful union-busting tactics ...

Carey Olsen | December 2022

Looking back on 2022, what were some of the major events/trends that impacted the work you did as an offshore law firm? Do you see these impacts being felt going into 2023? Anthony McKenzie (AM): 2021 was a blockbuster year for many offshore law firms in Asia. Booming deal flow saw revenues and profits surge. In order to service their clients, law firms increased their headcount. Fast forward to 2022 and beyond and the economic outlook is very different ...

Carey Olsen | December 2022

On 1 January 2023, the BVI Business Companies Act, 2004 will be amended by the: (1) BVI Business Companies (Amendment) Act, 2022; and (2) the BVI Business Companies (Amendment) Regulations, 2022 (together the “Amendments”). The Amendments will impact all companies incorporated or registered in the BVI (“Companies”) ...

Dinsmore & Shohl LLP | December 2022

The SEC has published its final rule for the recovery of erroneously awarded compensation (“final rule”) ...

Shoosmiths LLP | December 2022

The Supreme Court will decide if historic holiday pay claims can be brought where there are gaps of three months or more between a series of underpayments. The outcome could have significant implications for employers across the UK ...

Kudun and Partners | December 2022

Thailand’s traditional alcoholic beverages have been developed for centuries and their growth potential has been recognized in the global market. Several indigenous alcoholic beverage brands have received international recognition and are sold globally. This has continued even though Thailand’s manufacturing of alcoholic beverages-related laws (the “Laws”) are very restrictive ...

Schwabe, Williamson & Wyatt | December 2022

The American Bar Association (ABA) has issued its second formal opinion concerning Model Rule 4.2 in as many months. The so-called “no-contact rule” prohibits a lawyer from having contact with a represented party about the subject of the representation. The Rule does not, however, account for the “reply all” function in email communications ...

Mamo TCV Advocates | December 2022

  Dr Ingrid Fenech participated in the Society Education Annual Conference on Aspects of Maltese Company Law held on 29th November, where she delved into the recent amendments to the Companies Act introducing the notion of cell companies carrying on or engaged in shipping or aviation business ...

Carey Olsen | December 2022

Guernsey listed funds In addition, Guernsey has for some time been the domicile of choice for non-UK companies listing on the main market of the London Stock Exchange (“LSE”) and the Alternative Investment Market (“AIM”) ...

Kudun and Partners | December 2022

Exclusive interview for the “Wealth Of Wisdom” program: Thanyalak Thongrompho Kudun and Partners Company Limited This exclusive interview with top national corporate executives is part of the “Wealth of Wisdom: WOW” course. Sharing the story of the business circle, future plans, goals, growth direction, and management concepts or principles that are adhered to for success. Find out more information about this news, Here ...

Carey Olsen | December 2022

This is a question that arises with some regularity in trust administration, and one to which the English Court has offered a very welcome answer in the recent case of Sarah Butler-Sloss & Others v Charity Commission [2022] EWHC 974. This case has potentially wide-ranging implications and in this article we will focus on those relevant to trustees of Guernsey-law trusts ...

Schwabe, Williamson & Wyatt | December 2022

As previously discussed, the federal district court deciding Christian Bruckner’s lawsuit to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around $37 billion) of transportation funding for “small business concerns” owned and controlled by “socially and economically disadvantaged individuals” issued an order directing (1) the parties to submit supplemental briefing describing the “administrative and implementation of the DBE p

Shoosmiths LLP | December 2022

As the Procurement Bill passes the report stage and reaches the third reading in the House of Lords, Baroness Neville-Rolfe claims in an article for The Times that it “will slash through red tape, replacing 350 European Union regulations with one simple and flexible framework for the five million SMEs that could compete for public sector contracts”. According to Baroness Neville-Rolfe it will also tackle late payment in the supply chain ...

Mamo TCV Advocates | November 2022

  The Insolvency Practitioners Bill (‘the Bill’) is at its second reading in Parliament. The Bill is intended to partially transpose EU Directive 2019/1023 (‘the Directive’) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt ...

Kudun and Partners | November 2022

Kudun and Partners, Thailand Arbitration Center (THAC) and MDD Forensic Accountants hosted a panel discussion on “Successful startups – how to avoid common pitfalls and manage disputes in Thailand”. The panel was moderated by Emi Rowse Igusa, partner and Head of Japan Practice at Kudun and Partners, and included Kongkoch Yongsavasdikul, Partner and Co-head of the Startup practice at Kudun and Partners ...

Carey Olsen | November 2022

Alternative Dispute Resolution in Jersey In Jersey the courts do not experience the same delays as the English system. This year, in Jersey the family court has moved to a new location at International House – which has been specially designed to encourage parties to settle their matters outside the court. The new court provides various comfortable meeting rooms and parties are encouraged by the Registrars to attend court early to see if a resolution can be found ...

Carey Olsen | November 2022

Recent upheavals sweeping the globe, including significant changes in social and familial structures and technological, political and economic shifts, have quite obviously also stoked the fire of underlying family tensions with incendiary results. Often the next generation fails to conform to the expectations of the wealth-originating generation and their goals and ambitions can diverge quite significantly ...

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