Polaris Innovations Ltd. v. Brent, Appeal No. 2019-1483 (Fed. Cir. Sept. 15, 2022) In our Case of the Week, the Federal Circuit provided what appears to be its first precedential opinion construing Section 317 of the Patent Act—a provision concerning the effect of settlement during an America Invents Act (AIA) proceeding. The Court’s opinion construes the statute in ways that may be unexpected for parties who seek to settle inter partes review (IPR) petitions ...
Despite their reputation, traditional defined benefit (pension) plans can be a valuable tool for small business succession planning. Defined benefit pension plans are often associated with unions and financial mismanagement resulting in severe underfunding and government bailouts. They are often viewed by many within the retirement plan industry itself as a relic ...
In a decision rendered on September 1, 20221, the Court of Appeal of Quebec stated that a judge seized of an application for authorization for treatment must ensure that the patient in question can be heard and assert their rights. The Court also took the opportunity to analyze the indefinite hospitalization clauses and the re-hospitalization clauses made necessary following a subsequent deterioration in a patient?s health ...
The Directorate of Investment and Company Administration (“DICA“) issued an Announcement for its Recommendation on Foreigner Visa Extensions (“Announcement“) that went into effect on 14 September 2022. The Announcement sets forth the requirements for companies that wish to apply to extend a foreigner’s visa and such companies must have been reg/istered for one year ...
On August 19, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) published that it had received a Freedom of Information Act (“FOIA”) request from a journalist with the Center for Investigative Reporting. The request sought the disclosure of EEO-1 Type 2 Consolidated Report data filed annually by prime federal government contractors and first tier sub-contractors (“covered contractors”) ...
Reflecting on Scottish Housing Day's theme of sustainability for this year, we consider the balancing act faced by developers in dealing with an ever changing set of challenges in their drive to Net Zero. Scottish Housing Day 2022 shines a spotlight on sustainable housing ...
Multiemployer pension plan (MEPP) withdrawal liability often costs millions of dollars, even for small employers. People weighing whether to buy or sell a construction company (or its assets) will want to be aware of any potential withdrawal liability that may be assessed. Employers that withdraw from an underfunded MEPP are subject to withdrawal liability under the Employee Retirement Income Security Act of 1974 (ERISA) ...
By: John Epperson and Peter McGaw A ban on the sale of nondurable food packaging in California containing PFAS chemicals goes into effect on January 1, 2023, which is now less than four months away. The ban was contained in Assembly Bill 1200, which was enacted in October 2021, along with unrelated new requirements for disclosure of chemicals in cookware ...
Many federal contractors are required to file Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Reports). Generally, employers that are subject to Title VII of the Civil Rights Act of 1964, as amended, and has 100 or more employees must file an EEO-1 Report with the Equal Employment Opportunity Commission (EEOC) ...
On the occasion of our annual merit-making ceremony, Kudun and Partners spent the afternoon creating beautiful memories with children with visual impairments at the Bangkok School for the Blind. Led by project champions, Pimklao Kanchanakom, Thanpitcha Rojanawiboonchai, and Thanyawan Khositapha, associates of Kudun and Partners, interactive activities have been organized to express our support for the children with visual impairments ...
Summary Carey Olsen is pleased to have supported government in the development of the LLC Law, which demonstrates Jersey’s continuing status as a leading international financial centre, and has been prepared following initial discussions with various stakeholders including Jersey Finance. It also follows the recent introduction of LLCs to both the Cayman Islands and Bermuda ...
Last month, the Dutch competition authority (ACM) cleared a joint agreement among soft-drink suppliers including Coca-Cola to discontinue plastic handles on multipacks to make the packaging more recyclable and reduce plastic. Applying its draft sustainability guidelines, the ACM found that the arrangements did not harm competition given that evidence showed the handles did not play a role in the competitive process and participants remained free to decide on, e.g ...
A new licensing scheme is coming into force in Scotland to regulate short-term lets. The scheme requires hosts of self-catering accommodation to have a licence in place to accept bookings and welcome guests. This article explains who needs to apply for a licence, when the deadlines are, and how to apply ...
What is driving the imperative for ESG alignment? There has been a cultural shift in society as more and more individuals commit to leading sustainable lives. Those individuals – whether as consumers, employees or other stakeholders in industry – now expect the businesses operating in their communities to function in a more sustainable manner too ...
As the licencing scheme for short-term lets comes into force in Scotland on 1 October 2022, hosts will need to understand the various conditions they must meet to obtain a licence. This article explains when planning permission may be necessary and details the series of conditions that hosts must meet to obtain a licence. If you are wondering if you need to apply for a licence, when the deadlines are, and how to apply, read the first article in our series to find out more ...
One of the proposals set out in the Green Paper concerns an investment obligation for streaming services. According to the proposal, streaming services are required to either invest directly in Norwegian films and series, or, if the services do not invest sufficiently in Norwegian content, contribute to the financing of such productions through financial contributions to the Norwegian Film Fund ...
Key Points AB 2449 provides complex and restrictive alternative teleconference procedures: At least a quorum of the members of the legislative body must participate in person from a singular physical location identified on the agenda, which location will be open to the public and within the boundaries of the local agency; A member may only teleconference for publicly disclosed "just cause" or in "emergency circumstances" approved by the legislative body; and A member may only teleconfere
“Government efforts to manipulate markets and prices on consumer goods never work as intended, and in this case, would be counterproductive.” The waning days of summer signal the approaching midterm election season. Amid inflation, recession and voter discontent, it’s understandable that a group of congress members are anxious to put points on the board with a price-control scheme that they wrongly believe will lower prescription drug prices ...
The U.S. Treasury Department’s Office of Foreign Asset Control (OFAC) updated its "frequently asked questions" (FAQs) Tuesday, providing guidance relating to the sanctions against Tornado Cash, the Ethereum “mixer” it blacklisted in August, following allegations that North Korea used Tornado Cash to launder stolen digital assets ...
There have been significant delays in registering entities at SAM.gov, and that has been adversely impacting the ability of some federal contractors to respond to certain procurements/solicitations because FAR 4.1102(a) requires offerors to be registered in SAM.gov at the time of an offer or a proposal submission. On September 8, 2022, the Department of Defense (DOD) acknowledged the issue with SAM.gov and issued a class deviation permitting contracting officers to include FAR 52 ...
We published an article on the International Sustainability Standards Board (ISSB) commenting on the publication of the exposure drafts of two International Financial Reporting Standards (the Standards). The UK Financial Conduct Authority (FCA) recently published its response welcoming the Standards. Key points The FCA stated that the Standards generally met its expectations as set out in its Strategy 2022 to 2025 ...
The UAE introduced the Economic Substance Regulations in April 2019 (later amended by Cabinet Resolution 57 of 2020 (ESR) and Ministerial Decision 100 of 2020). The relatively new regulations have imposed a number of reporting requirements for virtually all private companies in the UAE. Despite this relative infancy, the Ministry of Finance has already started issuing heavy fines for companies which are not compliant with the regulations ...
On September 14, 2022, the Cyberspace Administration of China (the "CAC") released an exposure draft of the Decision on Amending the Cybersecurity Law of the People's Republic of China (Draft for Comment) (the "Draft") ...
On 31 August 2022, the UK COVID-19 Inquiry (“the Inquiry”) opened its second Module. Module 2 will examine the political and administrative decision making of the UK and devolved governments, with a particular focus on early 2020 ...
