The United States Court of Federal Claims recently dismissed multiple challenges to the accuracy of a Contract Performance Assessment Report (CPAR), not based on merit but based on jurisdiction. This serves as a reminder to all that the proper mechanism to challenge a CPAR must be obeyed for the claims to be heard. In Colonna’s Shipyard, Inc. v. United States, Colonna sought to challenge the accuracy of its CPAR from a previous Navy contract, the Narragansett Contract ...
The United States Sixth Circuit Court recently upheld a party’s contractual right to arbitration despite pre-lawsuit, informal letters suggesting that the parties litigate in court. In Borror Property Management, LLC v. Oro Karric North, LLC, the Sixth Circuit heard a dispute arising out of an Ohio federal trial court decision related to whether a party waived its arbitration right ...
The Alabama Supreme Court recently found that a party was in breach of an arbitration clause for declining to pay the fee schedule set forth by the American Arbitration Association (AAA) and thus lost the right to compel arbitration. This case serves as a reminder to follow the orders of arbitral institutions or risk losing the opportunity to arbitrate your dispute ...
Introduction If 2020 has been defined by COVID-19 pandemic, the healthcare industry in 2020 might be defined by a related single issue — telehealth. Those phenomena are obviously connected. While telehealth has been around in varying forms for years, COVID-19 accelerated its growth, use, and acceptance in unprecedented ways. With that growth comes changes. Reimbursement rules have evolved as telehealth has grown and become more accepted ...
Introduction If 2020 has been defined by COVID-19 pandemic, the healthcare industry in 2020 might be defined by a related single issue — telehealth. Those phenomena are obviously connected. While telehealth has been around in varying forms for years, COVID-19 accelerated its growth, use, and acceptance in unprecedented ways. With that growth comes changes. Reimbursement rules have evolved as telehealth has grown and become more accepted ...
Reid Hoffman is an American-based venture capitalist, author and entrepreneur at Greylock Partners who is best known for being the co-creator of the social network, LinkedIn ...
The Bangko Sentral ng Pilipinas (BSP, the Central Bank of the Philippines) has issued Circular No. 1105, Series of 20201 (Digital Bank Circular) dated December 2, 2020 to provide guidelines on the establishment of digital banks. This circular took effect on December 23, 2020 and was promulgated pursuant to the Monetary Board’s authority under Section 3.2(g) of the General Banking Law of 2000 to create other classes of banks ...
While most Americans are likely aware that President Donald Trump signed a pandemic relief and government spending bill into law on Dec. 27, 2020 (the “Omnibus Bill”),[i] it is important for those who have intellectual property assets to understand that tucked away into this nearly 5,600-page legislation are laws impacting copyrights, trademarks, and patents ...
On December 24, 2020, the Brazilian President sanctioned, with some vetoes, an amendment to Law 11,101/2005, which governs judicial reorganizations, pre-packaged reorganizations and bankruptcy liquidations of businessmen and companies. The vetoes can still be overthrown by the Brazilian Congress ...
The Agreement on the Withdrawal of the United Kingdom (UK) from the European Union (EU) provides for a transition period ending on 31 December 2020. Thereafter, EU trade marks (EUTM) will cease to extend protection to the UK. To safeguard these rights, the UK government has implemented measures to ensure that EUTM owners will continue to enjoy trade mark rights in the UK. Trade mark rights registered as of 31 December 2020 will be automatically cloned into national UK registrations ...
Key issues The consequences in terms of applicable law will likely be limited A jurisdiction clause in general terms and conditions may be insufficient Consumer law may require attention where diverging future regulations are concerned The consequences in terms of applicable law are likely to remain limited Should parties not have included a choice of law in their agreement, then EU-courts apply the Rome I Convention to determine applicable law ...
In 2020, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the U.S. Government Accountability Office issued five decisions worthy of particular note: Inserso Corp. v. U.S.[1] Teledyne Brown Engineering Inc.[2] Kiewit Infrastructure West Co. v. U.S.[3] LAX Electronics Inc. v. U.S.[4] Centerra Integrated Facilities Services LLC ...
It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual mechanism for managing these changes involves the issuance of a change order. However, managing change orders is not something project teams are always well-trained on, which can cause issues for small and big contractors alike ...
In an update to our client alert from November 30 regarding the San Francisco commercial eviction moratorium previously passed by the Board of Supervisors, we note that, following our publication of the client alert, the Board of Supervisors, on December 1, amended the moratorium to clarify previous language on a retail tenant’s right to terminate its lease that was ambiguous ...
In a small victory for landlords of bankrupt tenants, the Bankruptcy Court for the Southern District of Texas has ruled that the Chuck E. Cheese parent company may not use its bankruptcy filing to avoid paying its rent. The COVID-19 pandemic and related stay-at-home orders have prompted numerous retailers and restaurants to seek bankruptcy protection. Many of those companies successfully used the bankruptcy process to obtain relief from their rental obligations ...
Over the past several months, many disputes have arisen over whether the COVID19 pandemic or government responses to it provide, depending on the jurisdiction, an impossibility or impracticability defense for nonperformance under a contract. Now, we are beginning to see a flood of decisions addressing that defense. We previously wrote about two recent decisions from New York that are instructive on the defense of impossibility — the relevant standard under New York law ...
On 24 September 2020, Statistics Indonesia (Badan Pusat Statistik ─ “BPS”) issued BPS Regulation No. 2 of 2020 on Indonesian Standard Business Classifications (Klasifikasi Baku Lapangan Usaha Indonesia ─ “KBLI”), which is known as the 2020 KBLI. The 2020 KBLI came into force on its issuance date and revoked BPS Regulation No. 95 of 2015 on the KBLIs, as amended by BPS Regulation No. 19 of 2017, which is known as the 2017 KBLI ...
Law No. 11 of 2020 on Job Creation (the “Job Creation Law” or known as the Omnibus Law) was issued and came into effect on 2 November 2020. It is mainly based on the principles of the equalization of rights, legal certainty, greater ease of doing business, togetherness, and independence ...
KPPU has recently issued its long-anticipated guidelines on the Indonesian merger control rules (“KPPU Guidelines”) under KPPU Regulation No. 3 of 2019 on The Assessment of Mergers or Consolidations of Business Entities or Acquisitions of Shares in Companies (“KPPU Regulation 3/2019”) issued at the end of last year. The guidelines are relatively long and detailed (almost 100 pages), and some of their content is still subject to the KPPU’s interpretation ...
With the rapid development of technology and the rise of new finance products and players in the fintech industry, banks are pushed to produce new products and innovative services in order to serve their customers and keep abreast of the behaviour of consumers who appreciate the convenience of digital services. In response to this, the Financial Services Authority (Otoritas Jasa Keuangan -- OJK) has issued OJK Regulation No. 12/POJK ...
On 29 September 2020, the Minister of Law and Human Rights (“MOLHR”) issued Minister of Law and Human Rights’ Regulation Number 26 of 2020 on Visas and Stay Permits During the Adaptation to the New Normal Period (“MOLHR Reg. No ...
As Seen in Law360 Last month, the U.S. District Court for the Eastern District of Michigan issued its opinion in Roseman v. International Union, United Automobile, Aerospace and Agricultural Implement Workers Of America.[1] ruling in favor of the employer, Fiat Chrysler Automobiles US LLC, and the union, known as United Auto Workers, or UAW ...
On 10 December 2020, the Securities and Futures Commission (SFC) issued Frequently Asked Questions (FAQs) providing guidance to licensed corporations(LCs) on how to meet the obligations in its 31 October 2019 circular on use of external electronic data storage providers (EDSP). The SFC also made consequential amendments to its Frequently Asked Questions on the premises for business and record keeping ...
