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TSMP Law Corporation | June 2018

Privacy is Dead - But we never wanted it anyway, muses Adrian Tan. Over the past few weeks, our inboxes were bombarded by emails about privacy. Companies wrote to us, in a state of panic, because of the General Data Protection Regulation. That is a new European Union law that recently came into force. Among the many things that the GDPR does is to regulate the export of personal data outside the EU ...

Getting the Deal Through – Shipbuilding is part of the series of Getting the Deal Through law guides published by Law Business Research that provide an overview of specialist areas of the law in a variety of international jurisdictions. It is published annually and the seventh edition, covers 13 jurisdictions. Leading practitioners from each jurisdiction answer the same key questions ...

Hanson Bridgett LLP | May 2018

In the Loop: With the Hanson Bridgett Government Group   We’ve been getting lots of questions from public agencies about the General Data Protection Regulation—known as GDPR. GDPR is a new European Union privacy law that governs the processing of personal data about people residing in Europe. It just went into effect on May 25 ...

Lavery Lawyers | May 2018

Artificial intelligence has undergone significant developments in the last few years, particularly in respect of what is now known as deep learning.1 This method is the extension of the neural networks which have been used for a few years for machine learning. Deep learning, as any other form of machine learning, requires that the artificial intelligence system be placed before various situations in order to react to situations which are similar to previous experiences ...

Fox News v. TVEyes Shows Fair-Use Defense Remains Risky Business “It seems to me that if there were any logic to our language, trust would be a four letter word ...

In a landmark ruling earlier this year, the United States Supreme Court overturned the ruling of the 3rd Circuit Court of Appeals that upheld the constitutionality of the Professional and Amateur Sports Protection Act (PASPA), the federal statute that effectively prohibits all sports betting in the United States by restricting states (other than a few grandfathered states, including Nevada) from authorizing sports betting ...

Heuking | May 2018

Many companies use so-called tracking tools on their website to analyze the use of the website by their visitors, and possibly also to carry out advertising activities on the basis of user profiles created with the tracking tools. These tracking tools mainly use cookies, i.e. small files that can identify a user of a website and that are deposited on the respective user's computer ...

Heuking | May 2018

Under Art. 26 GDPR, "joint controllers" must find an agreement on the data protection obligations between themselves. If they do not do so, they risk a fine pursuant to Art. 83 (4) GDPR. However, the question of when Joint Controllership applies is still a matter of dispute. REQUIREMENTS FOR A JOINT CONTROLLERSHIP Under Art. 26 (1) GDPR, where two or more Controllers jointly determine the purposes and means of processing, they must be classified as "Joint Controllers" ...

Alta QIL+4 ABOGADOS | May 2018

“We simply cannot go on with this utterly outmoded way of working…Endlessly re-keying in the same information; repeatedly printing and photocopying the same documents; moving files about, losing all or parts of them in the process… It is a heavy handed, duplicative, inefficient and costly way of doing our work and it is all about to go. Considerably past time, we will finally catch up with the world.” Sir Brian Leveson ...

The Philippine National Privacy Commission (NPC), which administers the country’s Data Privacy Act (DPA), has recently made available to the public copies of its advisory opinions. These opinions had been issued in response to various queries regarding the proper application and interpretation of the provisions of the DPA and its implementing rules and regulations. Issue of consent Advisory Opinion No ...

Heuking | April 2018

The Bavarian data protection supervisory authority has prepared a series of template documents and overviews, intended to help small companies with GDPR compliance. At first glance, these documents do indeed provide important support for small companies. These have to fulfil almost all obligations under the GDPR in a similar manner to medium-sized businesses and large corporations ...

Afridi & Angell | April 2018

Over the past 1-2 years, a great deal of information concerning the revolutionary technology that is “blockchain” has been published on many business, legal and technology news sources, and innumerable self-proclaimed authorities on the subject have emerged to contribute articles and presentations (ourselves among them) ...

The manufacturer of a product generally has a duty to warn the end-consumer of any serious risks associated with that product. In the context of prescription drugs and medical devices, however, the “learned intermediary” doctrine holds that the manufacturer need not warn the end-consumer (i.e., patient). Instead, the manufacturer discharges its obligations by warning the prescribing physician ...

Karanovic & Partners | April 2018

Artificial intelligence is a burning topic in many sectors today and the legal industry is no exception. Recently, at the World Services Group's annual employment law conference held in February, AI was heavily debated along with its' impact not only on the legal profession, lawyers, clients, the way business is done, but also our traditional understanding of concepts such as "law" or "justice" ...

Karanovic & Partners | April 2018

Artificial intelligence is a burning topic in many sectors today and the legal industry is no exception. Recently, at the World Services Group’s annual employment law1 conference held in February, AI was heavily debated along with its’ impact not only on the legal profession, lawyers, clients, the way business is done, but also our traditional understanding of concepts such as “law” or “justice” ...

Dinsmore & Shohl LLP | April 2018

If your company has a cybersecurity incident, this guide is intended help you think through critical disclosure requirements and will direct you to sample disclosures from other companies that have endured cybersecurity issues. I. Introduction With the recent string of high profile cybersecurity attacks, the U.S. Securities and Exchange Commission (the SEC) issued further guidance regarding public companies’ disclosure of cybersecurity incidents ...

COBALT | April 2018

“Belarus will become the first government in the world that opens wide opportunities for the use of blockchain technology”, said in a statement on the official website of the President of Belarus. Alexander Lukashenko, who signed the new law of the land, believes that his county “has every chance of becoming a regional center in this area.” The Presidential Decree of the Republic of Belarus No ...

Dykema | April 2018

In 2017, the Cayman Islands passed the Data Protection Law (“DPL”), which reads much like the upcoming European Union General Data Protection Regulation (“GDPR”) that goes into effect Mary 25, 2018. The DPL applies to entities falling within the definition of “data controller” who are established in the Islands or who process data in the Islands. The DPL divides data into two categories, personal data and sensitive data ...

Shoosmiths LLP | April 2018

The Department for Digital, Culture, Media and Sport (DCMS) has published the Creative Industries Sector Deal aimed at making the UK the best place in the world for businesses in the creative industries. This is the latest sector deal to flow from the government's Industrial Strategy White Paper after sector deals for life sciences and the automotive industry were announced in late 2017/early 2018, respectively ...

Lavery Lawyers | April 2018

Technologies based on blockchains and AI imply a considerable change for our society. Being that the security of data exchanged is vital, companies must begin adopting a long-term approach right now. Many businesses develop services based on blockchains, in particular in the financial services sector. Cryptocurrencies, one example of blockchain use, transform the way in which some monetary transactions are made, far from the oversight of financial institutions and governments ...

Heuking | April 2018

The General Data Protection Regulation (GDPR) is aimed at extensive harmonization of data protection in the EU, and will be applicable with effect from May 25, 2018. The GDPR will replace the current EU Data Protection Directive (Directive 95/46/EC) and will be directly applicable in all EU member states. The new regulations mean that German employers will also have to prepare for changes as regards the protection of employees’ personal data ...

Dykema | April 2018

In light of the increasing significance of cybersecurity incidents, the Securities and Exchange Commission (SEC) recently found it necessary to provide further guidance with respect to cybersecurity disclosure requirements under the federal securities laws as they apply to public operating companies ...

Shearn Delamore & Co. | March 2018

  Can “consent” to use a registered trade mark be considered an abandonment by the owner of the exclusive rights to that registered trade mark in perpetuity? Section 40(1)(dd) of theTrade Mark Act 1976 (“Act”) provides that it is not a trade mark infringement if it is “the use by a person of a trade mark in relation to goods or services to which the registered proprietor or registered userhas at any time expressly or impliedly consented to” [Emph

Lavery Lawyers | March 2018

The Court of Québec released an interesting judgment recently in a case involving civil liability and personal injury.1 Plaintiff, Ms. Bourgault, went to Village Vacances Valcartier (“VVV”) to take part in a snow rafting activity. During a descent, she was twice thrown toward the rear of the inflatable boat. The violent impacts caused her to break a vertebra. She sued VVV for damages arising out of the incident ...

Dinsmore & Shohl LLP | March 2018

This article provides a brief review of MSHA enforcement data and a look at MSHA’s regulatory agenda. MSHA Enforcement Data (data from January 1, 2017 to December 31, 2017) MSHA issued 104,412 enforcement actions to mine operators in 2017, an increase of approximately 11,793 or 11.3 percent from 2016. Of these, 58,083 (or 55.63 percent) were issued to metal/nonmetal operators while 46,329 (or 44.37 percent) were issued to coal operators ...

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