Asters' Counsel and pro bono legal advisor of the Committee on Industrial Ecology and Sustainable Development of the European Business Association (EBA) Anzhelika Livitska contributed to EBA White Paper "Deregulation of environmental legislation in a time of war and reforms aimed for European integration" ...
Making variations to planning permissions as a scheme evolves is rarely a straightforward process, particularly where the changes go beyond the scope of non-material or minor material amendments. One tool that has been used extensively to achieve variations is the ‘drop-in’ planning application where a new consent is granted for an area that overlaps with the original permission ...
Uniloc USA, Inc. v. Motorola Mobility LLC, Appeal Nos 2021-1555, -1795 (Fed. Cir. Nov. 4, 2022) Our Case of the Week is ostensibly a case about whether a patent owner has standing to sue when that patent holder has granted an exclusive license. But the case turns on the application of collateral estoppel, when Uniloc, the patent owner, dismissed an appeal against Apple in an unrelated suit concerning the same facts. The case sounds like a cautionary tale about dismissing cases on appeal ...
Shoosmiths’ specialist construction and regulatory teams have provided a detailed response to the government’s consultation on implementing the new building control regime for higher-risk buildings under Part 3 of the Building Safety Act 2022. The firm’s response draws on its expertise working with key stakeholders in the construction industry and first-hand experience of the issues that are relevant to the proposed regulations ...
The SEC Division of Examinations issued a Risk Alert on September 19, 2022 announcing examination initiatives relating to Advisers Act Rule 206(4)-1 – the “Marketing Rule.” The compliance date for the Marketing Rule is November 4, 2022. Any advertisements distributed by investment advisers on or after that date are subject to the requirements of the Marketing Rule. This alert outlines areas that will be reviewed during examinations ...
On 7 October 2022, Federal Law No. 377-FZ (the “Law”) came into force. The Law granted mobilized citizens and their family members the right to receive preferential payment holidays on loans (including mortgages). Follow the link to learn more. Newsletter_Payment_holidays_for_mobilized_citizens.pdf (alrud ...
Tackling base erosion and profit shifting remains a priority for the National Treasury and the South African Revenue Service (“SARS”). It was recently reported that in the 2021 fiscal year, SARS dealt with 345 cases of transfer pricing, base erosion and profit shifting to the value of almost ZAR12-billion. Yet, only three South African courts have dealt with transfer pricing ...
The Retained EU Law (Revocation and Reform) Bill is currently making its way through Parliament but what do we currently know about the Bill, which may have an impact on over 2,400 pieces of legislation on the UK statute books? You may be forgiven for not spotting the Retained EU Law (Revocation and Reform) Bill (or the Brexit Freedoms Bill as it is affectionately known) slip in front of the House of Commons on 22 September 2022 as all eyes were on Kwasi Kwarteng’s mini budget at the time
Dr Michael Psaila and Dr Frank B. Testa, are attending the International Bar Association (IBA) Annual Conference being held at the Miami Beach Convention Centre from 30 October to 4 November. Please reach out to them if you would like to meet up ...
You may have seen news items discussing a South African copyright case that deals with blind people’s rights to access books. It’s perhaps not that easy to follow, so we’ll try to make it as simple as possible. South African copyright law has been slow to evolve The South African Copyright Act dates back to 1978 ...
THE LINDT BUNNY The company Lindt & Sprungli is the maker of the famous Lindt chocolate bunny. The product comprises chocolate in the shape of a squatting bunny, wrapped in gold foil with a red ribbon and a small bell. The chocolate bunny is a very big seller around Easter time, with sales in the tens of millions ...
In this article, we’ll discuss three copyright-related stories that have made headlines and contain some interesting lessons. ED SHEERAN (YES, AGAIN) We recently discussed the well-publicised case where Ed Sheeran successfully fought off a UK High Court copyright claim relating to his song Shape of You. When the verdict was announced, Sheeran said that he hoped that there would be no more “baseless” copyright claims ...
State securities regulators from Kentucky, New Jersey, Texas, and Alabama have issued cease and desist orders against Slotie, a Metaverse casino developer located in the country of Georgia. Regulators allege that the non-fungible tokens (NFTs) Slotie offers to investors are securities and that the ongoing sale of these NFTs constitute an ongoing unregistered issuance of securities ...
In October, the Securities and Exchange Commission (the “SEC”) brought charges against Kim Kardashian (“Kardashian”) for failure to disclose payments she received in connection with promoting EthereumMax on Instagram. This article outlines why public persons and projects operating in the web3 ecosystem must tread carefully so as to not implicate unwelcome regulatory oversight ...
November 1, 2022 By: Jeffrey M. Dennis The amended California Consumer Privacy Act (CCPA), sometimes referred to as the California Privacy Rights Act (CPRA) or Proposition 24, takes effect on January 1, 2023 – and introduces new consumer rights, while significantly increasing compliance pressures on companies who do business in California. With less than 60 days before the amended CCPA launches, the time for compliance is NOW ...
ABC Corp. v. Tomoloo Official, Appeal Nos. 2021-2277, -2355, -2150 (Fed. Cir. Oct. 28, 2022) ABC Corp. v. eBay, Inc., Appeal No. 2022-1071 (Fed. Cir. Oct. 28, 2022) The following summary covers two decisions issued the same day, dealing with preliminary injunctions issued from the U.S. District Court for the Northern District of Illinois in a single litigation. In one of those decisions, the Federal Circuit examined the notice requirement under FRCP 65(a) and held it was not met ...
While the Canadian government has said it intends to pass legislation dealing with cybersecurity (see Bill C-26 to enact the Critical Cyber Systems Protection Act), many companies have already taken significant steps to protect their IT infrastructure. However, the Internet of Things is too often overlooked in this process. This is in spite of the fact that many devices are directly connected to the most important IT infrastructure for businesses ...
On October 27, 2022, Governor Gavin Newsom’s COVID-19 pandemic-related extensions of the deadline to present a government claim to a public entity under the Government Claims Act expired. In other words, a would-be claimant can no longer invoke the 120-day pandemic-related extension when presenting a claim. Background Government Code section 911 ...
October is Breast Cancer Awareness Month, an annual campaign to raise awareness about the impact of breast cancer and to raise funds for research into its cause, prevention, diagnosis, treatment and cure. The firm held an event last week at its offices with staff in order to raise awareness about breast cancer and to raise funds for the cause. The firm is once again making a contribution to the Action for Breast Cancer Foundation ...
The concept of “natural capital” seeks to recognise the role of nature as an asset which is key to the sustained functioning of human social and economic activity. Examples of natural capital include clean air, water supply, plant life, animals, soil and minerals ...
