This inBrief examines the latest amendments to the Bankruptcy Law (Federal Decree Law No. 9 of 2016, as amended) introduced under Federal Decree Law No. 35 of 2021 (the New Law) and their impact on the personal liability of the board of directors and managers of bankrupt companies. The New Law came into effect on 1 November 2021. In contrast with earlier amendments to the Bankruptcy Law (such as Federal Decree Laws No. 23 of 2019 and No ...
On Nov. 10, 2021, the SEC Division of Examinations issued a Risk Alert regarding an advisory fees examination initiative (the Initiative). The Division of Examinations conducted 130 examinations of investment advisers focused on advisory fees, predominantly those charged to retail investors. This Risk Alert supplements the Advisory Fee Risk Alert issued by the Division of Examinations on April 12, 2018 ...
Biogen International GMBH v. Mylan Pharmaceuticals Inc., Appeal No. 2020-1933 (Fed. Cir. Nov. 30, 2021) For the second time in two weeks, our Case of the Week focuses on the written description requirement, in particular where the patent claims a range. In fact, all three precedential decisions issued this week concern issues relating to patents that claim numerical ranges. Below, we discuss two of those cases in our “Also This Week” section ...
On Nov. 30, 2021, the U.S. Supreme Court heard oral arguments from a coalition of hospital plaintiffs who are challenging Medicare’s nearly 30% reduction in outpatient drug reimbursement rates for 340B Program-participating hospitals ...
On Nov. 10, 2021, the SEC Division of Examinations issued a Risk Alert regarding an advisory fees examination initiative (the Initiative). The Division of Examinations conducted 130 examinations of investment advisers focused on advisory fees, predominantly those charged to retail investors. This Risk Alert supplements the Advisory Fee Risk Alert issued by the Division of Examinations on April 12, 2018 ...
On Nov. 9, 2021, the SEC Division of Examinations issued a Risk Alert regarding investment advisers providing automated digital investment advisory services to clients (robo-advisory services and robo-advisers). These robo-advisers either exclusively provide online services or supplement their traditional investment advisory services by using proprietary software, third-party software, or a combination thereof ...
The 2022 edition of The Trademark Lawyer magazine is out, and Dinsmore intellectual property lawyer Sara Suleiman is the author of its cover story. She wrote about the five crucial actions companies must take to to protect their brands in the age of counterfeit goods sold on social media. An excerpt is below. The advent of social media has permanently transformed the way products and services are marketed and sold ...
Corporate/M&A Collaboration between Bursa Malaysia Berhad with Capital Markets Malaysia through the Elevate Programme Bursa Malaysia Berhad (“Bursa”) has on 11 November 2021 announced that Bursa will be collaborating with Capital Markets Malaysia (“CMM”) to engage and work with mid-tier companies that are seeking to undertake initial public offering in the next 24 months ...
On 1 December 2021, the Ministry of Labour and Vocational Training (“MLVT”) issued Notification 058/21 on Extending the Deadline for the 2022 Foreign Employee Quota Application (“Notification”). Through the Notification, the MLVT has delayed the submission deadline for 2022 foreign employee quota applications until 31 January 2022, being two months after the original deadline ...
Repurposing existing real estate is a common occurrence. Less common, but expanding, are the innovative solutions beginning to occur to address empty real estate — particularly shopping malls — as in-store purchases become less common in the age of the internet and Amazon deliveries. There have been some noteworthy conversions of large retail space into health care facilities. One such successful example is the Vanderbilt Medical Center in Nashville, Tenn ...
Tennessee healthcare providers now have a very different certificate of need (CON) law to consider when they plan new facilities or expand services. Tennessee's legislature and governor recently enacted the Health Services and Planning Act of 2021 (Public Chapter 557 or "the Act"), which became fully effective Oct. 1, 2021. The Act changes the substantive requirements for CON approval, as well as the application process to obtain a CON ...
New rules in relation to statutory transfers rules came into force on 30 November 2021 to protect members’ pension savings from being lost as the result of a transfer to a scam arrangement. Trustees and managers (trustees) must take additional steps before a statutory transfer can be paid. Regulatory guidance The new requirements (and everything in this article) only apply to statutory transfers ...
In the final instalment in our series of articles looking at whistleblowing claims, we look at types of whistleblowing claims and their potential remedy at an employment tribunal. Previously we looked at what amounts to a protected disclosure, how clear and effective policies in place helps employers to handle protected disclosures and the handling of complaints confidentially and/or anonymously ...
We are looking for a junior associate with knowledge and experience in dispute resolution and litigation to join our growing practice. Careers Kudun and Partners Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...
On Tuesday, November 30th, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction halting the government's enforcement of the federal contractor vaccine mandate on federal contractors and subcontractors in Kentucky, Ohio, and Tennessee. A copy of the decision is attached ...
On Tuesday, November 30th, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction halting the government's enforcement of the federal contractor vaccine mandate on federal contractors and subcontractors in Kentucky, Ohio, and Tennessee. A copy of the decision is attached ...
As 2021 runs in search of what’s new, we realize that the pandemic disruption has continued through 2021. The NMLS Ombudsman Meeting was held virtually and the upcoming American Association of Residential Mortgage Regulators (AARMR) Annual Conference will be held in person, but with reduced capacity. These frame the search for “a” normal as licensed mortgage companies balance licensing requirements and health risks while serving their borrowers ...
The use of drones in the world is increasing very rapidly and plays an important role in optimizing processes across a various range of industries: agriculture, delivery services, infrastructure, mapping, military and so on. These machines are very efficient, effective, and safe tools for quality, safety and savings ...
Do you have the right to copy source code written and developed by someone else? The answer to this question depends on the situation; however, even in the context of open innovation, intellectual property rights will be the starting point for any analysis required to obtain such an answer. In the software industry, open-source licences allow anyone to access the source code of corresponding software, free of charge and with few restrictions ...
1. Introduction Equinor’s pioneering «Hywind Tampen» project, set to become the biggest floating wind farm in the world and scheduled to commence construction in late 2022, will mark the first foray into offshore wind production in Norway. Further, the areas «Utsira Nord» (floating turbines) and «Sørlige Nordsjø II» (bottom fixed turbines), both in the North Sea, have as from 1 January 2021 been opened for development ...
The Centers for Medicare and Medicaid Services' (CMS) vaccine mandate (Mandate)[1] has been preliminarily enjoined[2] on a nationwide basis due to a Nov. 30, 2021, decision by Judge Terry A. Doughty of the Western District Court of Louisiana, Monroe Division. Among other conclusions, Judge Doughty stated that mandating vaccination of health care workers should be done by Congress, not a government agency, although he also questioned whether even Congress had such authority ...
