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Shoosmiths LLP | January 2023

Much has been written about this Bill and the potential impact that it could have on UK law.  Most of this has been directed towards the potential negative consequences, including how numerous protections provided to employees by EU law might be removed.  If you are not already aware, the Bill, if passed in its original form, means that all law that is derived from the UKs membership of the EU will cease to have legal effect on 31 December 2023 – the sunset date ...

Shoosmiths LLP | January 2023

A recent Employment Tribunal (tribunal) decision provides employers with peace of mind when deciding to implement workplace policies that emerge in response to previously unforeseen workplace risks.  We examine Shields v Alliance Healthcare Management Services (Alliance), a case successfully defended by Shoosmiths, and outline the key steps that employers can take to confidently implement reactionary workplace policies ...

Carey Olsen | January 2023

This briefing sets out the key requirements of PIPA and the steps that your organisation can take to prepare for its implementation.   PIPA coming into force PIPA was enacted in 2016 to regulate the use of personal information in Bermuda by individuals, companies, public authorities and other organisations ...

Shoosmiths LLP | January 2023

The UK Advertising Standards Authority (ASA) has ruled that the marketing of an NFT of a Johan Cruyff goal was misleading. The one-of-a-kind non-fungible token (NFT), entitled “In a Way, Immortal”, depicts Cruyff’s flying kick for Barcelona against rivals Atlético Madrid which was dubbed “The Phantom Goal” and earned Cruyff the nickname the "flying Dutchman".  The NFT was auctioned and eventually sold for a reported €550.000 at Sotheby's ...

Shoosmiths LLP | January 2023

On 16th December 2022 the Bankruptcy Master released an update which advised that the restriction on filing new creditors' winding up petitions is likely to be lifted in the new term.  The court has advised that further information will be issued to legal practitioners in advance of the new guidance ...

Heuking | January 2023

Ukraine is an EU candidate: Can we soon file patent applications for Ukraine at the European Patent Office? The European Council granted Ukraine EU candidate status on 23 June 2022. Will patents granted by the European Patent Office soon also apply in Ukraine? Not immediately, because on the one hand the candidate status legally creates neither rights nor obligations ...

Arendt & Medernach | January 2023

Broad scope of application The FSR targets any undertaking engaged in an economic activity in the internal market that has received a foreign subsidy distorting the internal market. A foreign subsidy is any financial contribution provided by a third country (non-EU Member State) which confers a benefit on an undertaking engaging in an economic activity in the internal market and which is limited to one or more undertakings or industries ...

Shoosmiths LLP | January 2023

All registered charities with an annual income over £10,000 and all CIOs - charitable incorporated organisations - are required to complete and file online with the Charity Commission an Annual Return in a prescribed form within ten months of their financial year end. Just before Christmas, the Commission confirmed details of new and revised questions in the Annual Return ...

Buchalter | January 2023

January 10, 2023 By: Michael Flynn The Office of Information and Regulatory Affairs in the Office of Management and Budget has released the Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions (Agenda) reports on the actions administrative agencies plan to issue in the near and long term. Included is the CFPB’s regulatory agenda for 2023. The CFPB agenda may be found HERE ...

Carey | January 2023

On January 4, 2023, Law No. 21,521 was published, which promotes competition and financial inclusion through innovation and technology in the provision of financial services (“Fintech Law”). The Fintech Law introduces a series of legal amendments to various regulatory bodies, including Law No. 19,913, which creates the Financial Analysis Unit (“UAF”) and amends various provisions on money laundering (“Anti-Money Laundering Act”) ...

Dionex Softron GmbH v. Agilent Techs., Inc., Appeal No. 21-2372 (Fed. Cir. Jan. 6, 2023)  This week’s Case of the Week, the only precedential patent opinion issued by the Federal Circuit this week, focused primarily on the corroboration requirement for relevant dates of invention.  The Court held there was sufficient evidence of a reduction to practice as of a given date, based primarily on corroboration of multiple witnesses, notwithstanding limited documentary evidence ...

Shearn Delamore & Co. | January 2023

We are pleased to bring you the latest legal updates for December 2022.   Financial Service Technical Note No ...

Shoosmiths LLP | January 2023

The year ahead will see a better resourced FCA announcing and implementing reform in many different markets. It will see a focus on protecting consumers in the current economic climate and a focus on understanding newer and faster paced markets, particularly those where consumer detriment is a real risk. In a written statement to Parliament on the 9 December 2022, the chancellor set out an ambitious list of reforms that, at any other time, the financial services sector would run towards ...

Afridi & Angell | January 2023

The UAE has introduced a new law on civil procedure (Federal Decree-Law 42/2022) which repeals Federal Law No. 11 of 1992 on civil procedure and its executive regulations issued under Cabinet Resolution No. 57 of 2018. The new law came into force on 2 January 2022 ...

Shearn Delamore & Co. | January 2023

New Guidelines on the Employment of Foreign Workers in Malaysia Dear valued clients, colleagues and friends, The long-awaited Employment (Amendment) Act 2022 (“Amendment Act 2022”) has finally come into force on 1 January 2023 ...

On July 9, 2021, President Biden signed an Executive Order requesting that agencies, including the Federal Trade Commission (FTC), issue rules banning employers from entering non-compete agreements with employees. Following that request, on January 5, 2023, the FTC announced it is proposing sweeping new regulations that would bar employers from entering into or enforcing non-compete agreements with employees that prevent an employee from working with a competitor ...

Dinsmore & Shohl LLP | January 2023

Whether a court must defer to an administrative agency’s interpretation of a statute has recently become a hot-button topic in a wide variety of legal circles ranging from political campaigns to cases heard before the United States Supreme Court.  The Supreme Court of Ohio has now joined with its recent decision in TWISM Ents., L.L.C. v. State Bd ...

Dinsmore & Shohl LLP | January 2023

On December 22, 2022 the Pennsylvania Department of Human Services (“Pennsylvania DHS”) issued a Medical Assistance Bulletin that will put 340B savings at risk in Pennsylvania. This bulletin intends to prohibit 340B Program covered entities and contract pharmacies from dispensing 340B medication to Pennsylvania Medicaid patients regardless of whether the patient is enrolled in fee-for-service or managed Medicaid ...

Carey Olsen | January 2023

The recent judgment issued by the Supreme Court of Bermuda in the case of In the Matter of the AB Settlement  [2022] SC (Bda) 92 Civ provides very helpful authority on the question of whether trust restructurings under Bermuda statute constitute resettlements. The case concerned a substantial English law trust, referred to in the judgment as the AB Settlement ...

Dinsmore & Shohl LLP | January 2023

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule[1] to prohibit employers from enforcing non-compete agreements against former employees, contractors, and other workers. The proposed rule defines “non-compete clause” broadly as “a contractual term between an employer and a worker that prevents the worker from seeking or accepting employment with a person, or operating a business, after the conclusion of the worker’s employment ...

Buchalter | January 2023

January 5, 2023 By: Michael Flynn Registration of Regulator Orders and Court Judgments On December 12, 2022, the CFPB issued a proposed rule regarding non-bank consumer finance firms registration of all settlements and enforcement orders ...

Carey | January 2023

On January 4, 2023, Law 21.521, which promotes competition and financial inclusion through innovation and technology in the provision of financial services, known as the "Fintech Law” was published in the Chilean Official Gazette ...

Carey | January 2023

On January 4, 2023, Law No. 21,521, also known as the "Fintech Law", was published. The new law promotes competition and financial inclusion through innovation and technology in the provision of financial services. Among other amendments, the Fintech Law introduced certain amendments related to the public offering of securities, amending Law No. 18,045, the Securities Market Law ("LMV"), Law No. 18,046, the Corporations Law ("LSA") and the Commercial Code ...

Shoosmiths LLP | January 2023

With the war, supply chain issues, rising energy costs and skills shortages, many employers will want to put 2022 firmly behind them. What does 2023 have in store? For the economy only time will tell, but for employment law things are a little clearer. Employment Bill The long-awaited Employment Bill is still to appear in draft form and it is doubtful this will materialise in 2023, at least in the early stages ...

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