Can a patent be infringed even if the patented product is not manufactured, assembled, or even used? Indeed, such infringement is possible. In fact, this is known as the theory of inducement of infringement. Naturally, acts of ?inducement? must meet certain conditions before inducement of infringement can be found. The Federal Court of Appeal recently clarified these conditions ...
In recent years, the job market has changed considerably, especially further to the pandemic and the impacts it has had. Employers and employees in Quebec faced unprecedented situations, and these appear to have led to a significant increase in claims for recognition of psychological occupational injuries, such as adjustment disorders and depression ...
In June of 2022, the Supreme Court of the United States unanimously held in American Hospital Association v. Becerra that the United States Department of Health and Human Services (“HHS”) and the Centers for Medicare and Medicaid Services (“CMS”) overstepped their statutory authority when cutting 340B-related reimbursements to hospitals from 2018 through 2022 ...
What do you do when you have a safety incident on a job? Are you prepared? This article will focus on some things to consider if you have a safety incident. Assistance The No. 1 priority should be to safely assist anyone that has been injured if you can. Time can be of the essence when safety events occur. You may need to call 911 depending on the circumstances. Do not wait for someone else to call 911. You may need to administer first aid ...
Last year, the cost-of-living crisis, industrial action and global conflicts dominated the headlines and added to the challenges faced by UK businesses. So, what does 2024 have in store for employers, in the employment law arena at least? Changes to the Working Time Regulations and TUPE Following a consultation last year, the government published the Draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 on 8 November 2023 ...
January 2, 2024 By: Leah Lively and Alexandra Shulman It is a new year, which means new employment laws for employers in the Pacific Northwest. The following is a brief overview of significant new laws and changes for Washington and Oregon employers (all effective January 1, 2024). Washington Increased Minimum Wage: The Washington state minimum wage is now $16.28 per hour. Local minimum wage rates are higher: The Seattle minimum wage is now $19 ...
Climate and environment In November 2023, SVW assisted Greenpeace and Nature and Youth Norway in a new climate case before the District Court of Oslo. The plaintiffs challenge the validity of three new oil field approvals on the Norwegian Continental Shelf and ask for a temporary injunction ...
Enhanced obligations for the employer in reorganizations and redundancies From January 1, 2024, certain employer obligations that previously applied to each separate company will now extend to all companies within a corporate group. The legislative changes mandate that the employer is obliged to consider (and offer to the employee) other suitable work throughout the group, even if the employee is not formally employed in any of the other companies within the group ...
Please note the following press release. This press release is available at our homepage. Hertha BSC restructuring with Heuking A challenging year for Hertha BSC is coming to an end. The Berlin-based team was forced to reorganize and restructure in particular due to business constraints and in view of its relegation to Bundesliga 2, Germany’s second division of professional soccer. Led by Dr ...
Employment Tribunals have a duty to make reasonable adjustments where a participant is disadvantaged, for example due to disability, to ensure fairness in proceedings. We share our recent experiences of how the Tribunals apply this duty in practice ...
On December 13th, 2023, the Chilean Congress approved a bill that modifies the Labor Code regarding prevention, investigations and sanctioning of sexual harassment, workplace harassment and violence in the workplace (hereinafter, the “Law”). Companies subject to the new regulations The Law is applicable to all companies, regardless of their size. The Law also includes regulations applicable to the State Administration and its multiple agencies ...
The Home Office have released a Statement of Changes which includes changes to be made to the rules for visitors coming to the UK, particularly in relation to their permitted activities. On 7 December 2023, the Home Office released Statement of Changes HC 246 with various changes to the Immigration Rules to be implemented prior to the end of January 2024 ...
In an increasingly unpredictable climate, adverse weather can prevent employees from attending the workplace on time, or at all. Here, we discuss what employers can do to mitigate the effect of adverse weather on their business ...
Article 319(1) of the UAE Civil Procedure Law authorises an execution judge to imprison a debtor who fails to satisfy a judgment debt, unless the debtor is able to prove that he is insolvent. Although the text of Article 319(1) places the burden of proving insolvency on the judgment debtor, this appears to have been reversed following a decision of the General Assembly of the Dubai Court of Cassation issued in October 2023 ...
A REVIEW OF THE EVIDENCE (AMENDMENT) ACT 2023 INTRODUCTION The Evidence Act (Amendment) Act 2023 (the Amended Act) was signed into Law by President Bola Ahmed Tinubu on the 12th day of June 2023. The Amended Act was aimed at amending the provisions of the Evidence Act 2011 (the Principal Act) to be in conformity with global technological advancements in evidence taking and its applicability covers all judicial proceedings before Courts in Nigeria ...
The government has produced draft regulations which will make further changes to holiday laws in Great Britain. We look at what is planned and what it means for employers. The government has been reviewing which European Union laws to retain and has taken that opportunity to consult about changes to holiday pay, resulting in the publication of draft regulations. We look at what is planned and what it means for employers ...
It is highly documented that the transport sector is heavily male dominated. Indeed, reports suggest that while women account for 47% of the general UK workforce, within the transport sector women only account for 20% of the workforce and only 3% of HGV drivers in the UK. Many employers are aware of the work that needs to be done in this sector in terms of addressing and challenging behaviours, changing mindsets and creating inclusive cultures ...
Over the last three years, the U.S. Department of Justice has pursued its first-ever criminal antitrust cases targeting alleged deals between companies to avoid poaching each other's employees and to fix wages. In total, the DOJ has brought six cases. Four resulted in acquittals, while just one case yielded guilty pleas. Last month, the DOJ voluntarily dismissed its sixth and last case without explanation. A number of lessons can be drawn from this wave of labor-market prosecutions ...
The timing of challenges to an expert witness’s evidence has been considered in the Supreme Court case of Tui Ltd v Griffiths [2023] UKSC 48, with judgment handed down on 29 November 2023. Although the case emanated from a holiday claim in the County Court, this Supreme Court decision is of significance to all cases where parties seek to rely on evidence from experts or witnesses of fact ...
