Ahead of the 2021 holiday season, as children dream about the toys that Santa Claus will bring them, let?s take a look back at a landmark decision that reviews what is copyrightable under the Copyright Act ...
The pandemic alongside a renewed focus on climate change following COP26 and the growing interest in ESG credentials are all contributing to a changing world of work ...
As promised, this is a more detailed discussion of the new Labour Law, which takes effect on 2 February 2022. For an initial snapshot, see myInBrief Dated 21 November 2021. In that earlier inBrief, I discussed what I thought were the most significant departures from previous law, including the new rules on termination of contracts with notice, on end-of-service gratuity, on overtime, and on non-compete clauses. Some of those earlier remarks are further developed below ...
The decision in R. (on the application of Palmer) v Northern Derbyshire Magistrates’ Court has confirmed that an administrator can be prosecuted and potentially incur personal liability for a failure to notify the Insolvency Service of proposed collective redundancies ...
This article reports on a judgment of the High Court in relation to a dispute between a Saudi-based company, Selevision Saudi Co (SSC), and a Qatari-based company, Bein Media Group LLC (BMG), both of which operate in the broadcasting sector. This judgment clarified the effect of Civil Procedure Rule (CPR) 62.18 and the extent to which it imported the provisions of CPR 8 into an action to enforce an arbitral award made in a foreign jurisdiction ...
AstraZeneca AB v. Mylan Pharmaceuticals Inc., Appeal No. 2021-1729 (Fed. Cir. Dec. 8, 2021) Our Case of the Week again focuses on numerical values in claims. Last week we addressed a case involving whether there was written description support for a number in a claim, and we addressed a similar issue the week before. This week, our case focuses on the meaning and scope of a number in a claim ...
Dear valued clients, colleagues and friends, Our Arbitration and Mediation partners Rabindra S. Nathan, Rodney Gomez and K. Shanti Mogan have co-authored the Malaysian chapter of The Legal 500 Country Comparative Guides: International Arbitration 2021. The Arbitration Act 2005 (“AA 2005”) applies to arbitration in Malaysia ...
The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest’s decision. In the case of Re AH (2021) Mr Justice Hayden, who is a High Court Judge and the Vice President of the Court of Protection, visited AH in hospital after the hearing had concluded and before giving judgment ...
On December 9, 2021, the Safer Federal Workforce Task Force issued a new statement regarding the court orders enjoining implementation of the federal contractor vaccine mandate ...
A tech entrepreneur recently publicly condemned men who opt to take longer periods of paternity leave. It is crucial that this outdated narrative is dispelled to ensure greater equality in relation to maternity, paternity and other types of parental leave. A prominent US entrepreneur recently branded men that take six months paternity leave “losers” and claimed that the “correct masculine response” is for men to work harder to provide for their children ...
In a statement last week, the justice secretary, Dominic Raab, warned that parents who bring vexatious claims to the family courts will face financial penalties. The policy is part of plans currently being drawn up by the government to introduce new incentives and disincentives to “spare children the trauma of seeing their parents fight it out in court” ...
As we draw to the end of 2021, Lauren Bholé and Lizzie Lord reflect on some of the HR challenges faced by many companies over the past 12 months. 1. Employees wanting a change in career – the ‘great resignation’ A study by Microsoft found that 41% of the global workforce is considering leaving their employer this year ...
On 12 May 2021, Prime Minister Boris Johnson committed to holding a Public Inquiry into COVID-19 that will place "the state's actions under the microscope". Demonstrating that it is independent, objective and fair is fundamental to an Inquiry’s purpose. We take a look at the extent to which the State can effectively examine itself in a Public Inquiry when it has ultimate responsibility for determining the remit, and therefore inevitably the scope of any conclusions ...
On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction enjoining enforcement of the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States. This injunction is nationwide and states that it applies to all federal contractors ...
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 ...
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 ...
The High Court has dismissed 28 divorce petitions after finding that the particulars of behaviour were ‘absolutely identical’ to each other. Every marriage is different, but in the recent case of Celine-Shelby v Yorston, the courts were confronted with 28 divorce applications from 28 different people, all seemingly based on the same reasons ...
On November 24th, 2021, Law No. 21,391 introducing in the Labor Code a new article 206 bis, was published in the Official Gazette. This article establishes the employer’s obligation to offer remote work or teleworking to certain employees, in the event a state of catastrophe due to public calamity or a health alert due to an epidemic or pandemic because of a contagious disease is declared ...
The Employment (Amendment) Bill 2021 (“the Bill”) was tabled for its first reading on 25 October 2021, seeking to amend the Employment Act 1955 (“the Act”). In this update, Vijayan Venugopal, Grace Chai and Nur Najehah set out the key changes that the Bill proposes to introduce and analyse the potential impact of such proposed amendments ...
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 ...
