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Shoosmiths LLP | February 2023

Is Tesco exploiting Lidl’s reputation as a discount or ‘value’ supermarket? This is what Lidl are alleging in the most recent supermarket trademark dispute. The question being put before the Court is essentially whether Tesco’s ‘Clubcard Prices’ logo infringes on Lidl’s brand logo, as both appear as text in a yellow circle on a blue background ...

Shoosmiths LLP | February 2023

An analyst estimates that the market value in 2023 for digital advertising will be US$701 billion. The EU’s Digital Markets Act (DMA) is a legislative competition law 'key' to 'unlocking' the big-data relating to digital advertising held in the ‘safe’ owned by BigTech. Advertising agencies are potentially one class of beneficiary (see link for article - The Digital Markets Act - Strategy reboot for online advertising) ...

Schwabe, Williamson & Wyatt | February 2023

CyWee Grp. Ltd. v. Google LLC, Appeal No. 20-1565 (Fed. Cir. Feb. 8, 2023) In its only precedential patent case this week, the Federal Circuit addressed last gasp efforts by CyWee to salvage its IPR losses to Google.  The arguments, residual Appointments Clause arguments following Supreme Court and Federal Circuit opinions in Arthrex, Inc. v. Smith & Nephew, were rejected by the Court, which affirmed. In June 2018, Google filed petitions for IPR.  The Board instituted the IPRs ...

AELEX | February 2023

The most common form of legal practice in Nigeria is the one-man practice this could be in the form of either a sole practitioner or a sole proprietorship arrangement. In the sole practitioner arrangement, there is only one lawyer who is the owner of the firm while all other staff in the office are not lawyers but support staff. In the sole proprietorship arrangement, the lawyer - owner employs other legal practitioners to assist him in his practice ...

Carey Olsen | February 2023

Introduction In recent times, the Court has been asked to hear cases where a General Partner ("GP") has failed to discharge its duties in relation to the affairs of an ELP. Without the co-operation of the GP, Limited Partners are often left bereft of information relating to assets of the ELP. They cannot properly realize their investments under the ELP and, even if they can, there is a spectre of doubt over whether the distributions represent their full entitlement in the assets of the ELP ...

Carey Olsen | February 2023

Overview There is no sell-out right in the 2008 Law for minority shareholders to be bought out. However, the constitutional documents of the target Guernsey Company (the “Target Company”) may provide additional rights to minority shareholders.  From 1 July 2009, a provision to appoint a body to regulate takeovers and mergers in Guernsey was introduced to the 2008 Law, under the Companies (Panel on Takeovers and Mergers) Ordinance, 2009 (the “Takeover Panel”) ...

Shoosmiths LLP | February 2023

The Supreme Court has this week (8 February 2023) handed down a judgment considering whether landlords have management discretion to vary service charge percentages in residential leases. S.27A(1) of the Landlord and Tenant Act 1985 (the Act) gives the First-tier Tribunal (FtT) the ability on application to make various decisions about service charges in residential dwellings, including whether it is payable or not ...

World Services Group | February 2023

In this JD Supra exclusive, Raspé shares his predictions for 2023, his perspectives on global legal practice, and things to consider when choosing a global legal services network. Herman Raspé is the current Chair of World Services Group, a premier global multidisciplinary professional services network composed of independent law, accounting, and investment banking firms ...

World Services Group | February 2023

  Legaltech news   By Isha Marathe, Legal Tech Reporter February 01, 2023   While more in-house attorneys and general counsel depend on legal technology, traditional procurement processes, and an abundance of tools, is slowing down adoption, according to the Legal 500 Global Edition of GC: In-House Tech Survey 2023 ...

World Services Group | February 2023

Canadian Lawyer Magazine By Lucy Saddleton 03 Feb 2023 In-house counsel are demanding that their external law firm partners are using the latest technology, with 92% saying it is either very or somewhat important in a recent survey providing global insights on trending legal technologies and how in-house counsel leaders are adopting, integrating, and utilizing technology ...

World Services Group | February 2023

Australasian Lawyer By Lucy Saddleton 04 Feb 2023 In-house counsel are demanding that their external law firm partners are using the latest technology, with 92% saying it is either very or somewhat important in a recent survey providing global insights on trending legal technologies and how in-house counsel leaders are adopting, integrating, and utilizing technology ...

Buchalter | February 2023

February 9, 2023 By: Michael Flynn According to a Chicago federal district court, the Equal Credit Opportunity Act’s loan discrimination provisions to not extend to alleged discrimination against prospective applicants. Relying on the express language of the ECOA statute, this ruling rejected a decades-old Regulation B rule that stated that ECOA did apply to conduct toward prospective applicants ...

Carey | February 2023

On January 30, 2023, the Commission for the Financial Market ("CMF") approved an amendment to the Stock Market Regulation applicable to Issuers Exempt from Registration with the CMF, corresponding to the “ScaleX Santiago Venture Exchange” section of the Santiago Stock Exchange ("ScaleX") ...

Carey Olsen | February 2023

Overview A "financial firm business" will need:  a licence to do so (a "Part III FFB Licence"); and  to be regulated by the Guernsey Financial Services Commission (the "Commission") ...

Carey Olsen | February 2023

This creates a discretionary exemption regime similar to that in the Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020. This is in addition to the list of class exemptions which the Commission has published in its Notice with respect to the disapplication of the requirement to hold a licence under section 40 of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 ...

Carey Olsen | February 2023

Summary Main dispute resolution methods Court litigation Limitation periods Court structure Rights of audience Rights of audience/requirements Foreign lawyers   Fees and funding Funding  Insurance   Court proceedings Confidentiality Pre-action conduct Main stages Starting proceedings Notice to the defendant and defence Subsequent stages   Interim remedies Strike out Summary judgment Other circumstances Availability and grounds Prior not

DFDL | February 2023

The Ministry of Immigration and Population of the Republic of the Union of Myanmar has issued a notice that updates the application process to extend eBusiness Visas for foreigners working for companies or engaging in business in Myanmar. All such applications must be submitted in the name of a company that is duly incorporated and registered at the Directorate of Investment and Company Administration (“DICA”) and must have the signature of the director of the registered company ...

ALTIUS/Tiberghien | February 2023

On 23 December 2022, the Brussels Court of Appeal (“Market Court”) rejected Carrefour Belgium’s application for the suspension of the Belgian Competition Authority’s (“BCA”) decision of 9 November 2022 authorising the concentration between Intermarché AB (“ITM”) and Mestdagh ...

Shoosmiths LLP | February 2023

Underpinning the litigation anticipated to follow the COVID-19 Inquiry is the feeling that it is still too early for claims on key matters to be issued. A recent theme of claimant firms has been to agree deadlines with counterparties where limitation issues arise, or to put counterparties on notice of claims but wait for evidence to be given to the Inquiry and any findings before taking claims forward ...

Shoosmiths LLP | February 2023

The Register of Controlled Interests in Land (RCI) opened in Scotland on 1 April 2022. As we reported last year, the main aim of the RCI Regulations[1] is to increase public transparency around individuals who have significant control over decision-making in relation to land or a registrable lease, but crucially who do not appear on the Land Register or Sasine Register ...

Shoosmiths LLP | February 2023

As an employer, how do you support your employees who are going through a divorce or separation? Lots of employers (including household names such as Asda, Tesco and Unilever) are working with Positive Parenting Alliance (PPA) to ensure that they have more family-friendly employee policies in place for employees going through divorce or separation ...

DFDL | February 2023

On 8 November 2022, the Act on the Amendment of the Civil and Commercial Code (No.23) B.E.2565 (A.D.2022) was announced on the Royal Gazette ...

Carey | February 2023

The Financial Market Commission ("CMF"), as part of the implementation process of Law No. 21,521 ("Fintech Law"), on February 3, 2023 published General Rule No. 493 ("NCG 493"), which establishes the procedure and requirements to apply for registration in the Registry of Financial Service Providers (Registro de Prestadores de Servicios Financieros, the "Registry"), created by the Fintech Law ...

Schwabe, Williamson & Wyatt | February 2023

In re: Google LLC, Appeal No. 2023-101 (Fed. Cir. 2023) In the Federal Circuit’s only precedential patent opinion this week, the Court granted mandamus reversing yet another decision by Western District of Texas Judge Alan D. Albright refusing to transfer a patent case out of his court, which (like several of Judge Albright’s prior decisions) denied transfer to the U.S. District Court for the Northern District of California ...

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