Overview On 4 November 2022, Sub-Decree 232 on the Management of Commercial Advertisements of Goods and Services (“Sub-Decree 232”) was enacted by the Royal Government of Cambodia. Sub-Decree 232 is one of 31 measures to promote fair trade and practices in business in line with the Five-Year Action Plan (2022-2026) prepared by the National Commission for Consumer Protection (“NCCP”) ...
Significant False Claims Act (FCA) developments in the courts during the latter part of 2022 have included the Supreme Court’s declining to take up one issue involving FCA qui tam actions (what level of pleading particularity Rule 9(b) requires) while holding argument on another (the scope of the government’s dismissal power following declination), and the D.C. Circuit’s adoption of the pro tanto rule in computing settlement offsets in multiple-defendant cases ...
The Association’s claim is a torts claim on behalf of approximately 400.000 residential alarm customers against the two major Norwegian alarm companies. Sector and Verisure colluded over eight years and were fined NOK 1,2 billion (120 million euros) by the Norwegian Competition Authority. The question that the Supreme Court shall decide is whether third-party financing in opt-out class actions can be permitted under the Norwegian Dispute Act ...
Dinsmore partner Faith Whittaker and associate Jared Phalen were published in Bank Director with their article "New Law Ends Pre-Dispute NDAs for Workplace Sexual Harassment, Assault Disputes." An excerpt is below. On Nov. 16, 2022, the U.S. House of Representatives sent the Speak Out Act to President Joe Biden’s desk with a 315-109 vote. The legislation, which cleared the Senate unanimously on Sept ...
Law.com International November 30, 2022 By Anne Bagamery, Coorespondent, Paris Jeantet has recruited a 14-person team, including three partners, from a rival French firm to create a new multidisciplinary department dedicated to energy transition and sustainable development. The move is part of a growth strategy for Jeantet, an elite firm with headquarters in Paris and offices around the world ...
The Supreme Court has decided several cases concerning the Civil Procedure Act this autumn. We would like to start by mentioning HR-2022-1503-U, which concerned the difference between an ordinary witness and an expert witness. Two decisions concerning recusal are also noteworthy: HR-2022-1959-A and HR-2022-1799-U. The question in the first case was whether a judge had to recuse himself because his textbook expressed an opinion about the legal issue in the case ...
Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence needed to successfully invalidate a patent as anticipated. Mosaic claimed that Ridge infringed Mosaic’s patent and trade dress for a money-clip wallet. Ridge countered that Mosaic infringed Ridge’s own patent for a money-clip wallet ...
The Intellectual Property and Related Rights (Amendment) Law of 2022, published in the Official Gazette of the Republic of Cyprus on 7 October 2022, aims to harmonise the Cyprus copyright regime with various acts at the European Union (‘EU’) level and the WIPO Performances and Phonograms Treaty. This Law amends and redefines already existing concepts and establishes new definitions and obligations ...
During 2022, the government has, among other things, made these legal amendments: Removal of the general right to employ someone temporarily up to one year Trade unions that have members in a company that use hired workers from a temp agency can start legal proceedings against the employer about the legality of hiring. Revised home office regulations You can read more about these changes here. The Supreme Court has also contributed to the further development of employment law ...
On the 20th of December 2022, various amendments (and clarifications) to the Employment and Industrial Relations Act (Chapter 452) came into force, mainly relating to the probationary period applicable to fixed term contracts and the duration of fixed term contracts. By means of the amendments: In the case of a renewal of a fixed term contract for the same functions and tasks as the previous fixed term contract, there shall be no new probationary period ...
With just days left till Christmas, the government has revealed more details on its proposed approach to planning reform with a draft National Planning Policy Framework released for consultation. Views are also being sought on a proposed approach to preparing National Development Management Policies, levelling up policy, and how national planning policy is currently accessed by users, but not as yet on the much needed funding for these changes ...
On December 14, 2022, the National Labor Relations Board reinstated a previous test used to determine which employees must be included in an appropriate bargaining unit. In American Steel Construction, Inc., 372 NLRB No. 23 (2022), the Board overruled the test established in PCC Structurals, 365 NLRB No. 160 (2017), and The Boeing Co., 368 NLRB No. 67 (2019), opting to return to the test set forth in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011) ...
In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note. ASRC Federal Data Solutions LLC ESimplicity Inc. v. U.S. Hydraulics International Inc. v. U.S. IAP Worldwide Services Inc. v. U.S. MP Solutions LLC Trace Systems Inc. This article by Aron C. Beezley, Patrick R. Quigley, Sarah Sutton Osborne, Lisa Markman, Nathaniel J. Greeson and Gabrielle A ...
Kudun and Partners has successfully represented Thanulux Public Company Limited (“TNL”), the biggest market leader in the manufacturing and sale of ready-made clothes and leather goods in Thailand, on the listed company’s major restructuring and expansion of its investment with a highly significant total value of THB 8.8 billion ...
Earthrise Serves EPA with Notice of Intent to Sue, Challenging Washington’s Forest Practices Rules Nearly 20 years ago, the Washington Forest Practices Board adopted forest practices rules intended to address water quality impacts from nonpoint sources of pollution affecting Endangered Species Act (ESA)-listed species of salmon ...
Businesses will be given a further extension until 31 December 2024 to start using the UK Conformity Assessed (UKCA) marking for goods placed on the GB market. The labelling easement has also been extended until 31 December 2027. Despite the UK Government previously stating that 1 January 2023 would be ‘the final deadline’, it has further extended the date by which businesses must use the UKCA marking ...
What are Digital Assets? The Official Bermuda Definition The definition of "digital asset" under Bermuda's Digital Asset Business Act 2018 ("DABA") is: "anything that exists in binary format and comes with the right to use it and includes a digital representation of value that – (a) is used as a medium of exchange, unit of account, or store of value and is not legal tender… &nbs
Where is my order? I’m sure most of us have asked this question many times and probably more so recently as the recent postal strikes have left customers waiting for delayed Christmas gifts to arrive. The postal strikes have undoubtedly had a huge impact on businesses in the lead up to Christmas, especially given the dramatic increase in online sales, costing businesses money and time in navigating through customer queries, complaints and providing solutions ...
Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they are right. There are a handful of claim types that always seem to rear their heads, even in projects that generally are run well. This article will briefly describe those claims and how to avoid them in 2023. 1. Design Error Claims These claims often come up when an inexperienced owner (or architect) are working on an entirely new type of project ...
In this briefing, we will review the implications of the Law for property transactions in Jersey. Tax on purchase of residential properties which are not used as a main residence The key implication of the Law is that stamp duty (and equivalent land taxes such as land transactions tax and enveloped property transactions tax) on acquisitions of domestic residential property which will not be the purchaser's main residence will be increased ...
On October 15, 2020, the U.S. Small Business Administration (SBA) issued a final rule making changes to the SBA’s 8(a) program regulations “to more clearly articulate SBA’s intent with regard to certain aspects of the 8(a) program to eliminate confusion and decrease burdens on procuring activities and 8(a) participants ...
ADASA Inc. v. Avery Dennison Corporation, Appeal No. 2022-1092 (Fed. Cir. Dec. 16, 2022) In the Federal Circuit’s only precedential opinion this week, the Court considered issues arising from infringement litigation concerning appellee ADASA’s U.S. Patent No. 9,798,967 (the ’967 patent), which is directed to systems and methods for encoding radio-frequency identification (RFID) tags. Following a $26 ...
On October 15, 2020, the U.S. Small Business Administration (SBA) issued a final rule making changes to the SBA’s 8(a) program regulations “to more clearly articulate SBA’s intent with regard to certain aspects of the 8(a) program to eliminate confusion and decrease burdens on procuring activities and 8(a) participants ...
