By: Stephen Best, Clayton Barnett, and Brian Adkins February 7, 2024 Whether you are a passionate supporter of college athletics or a casual sports fan, nearly everyone has heard the three letters, NIL. NIL (or name, image, and likeness) has quickly become part of the national sports lexicon ever since the United States Supreme Court opened the door for student-athletes to receive monetary compensation under National Collegiate Athletic Association v. Alston in 2021 ...
By: Leah Lively and Alexandra Shulman The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things, the rounding is conducted in a neutral manner and, if any favor is shown, it benefits the employee. For example, using rounding, if an associate clocked in any time from 7:53 a.m. to 8:07 a.m ...
Strengthened collaboration between BVI and PRC: a precedent of enforcing a PRC arbitral award Background In Window of Trade, the Claimant applied to the BVI Court to enforce the Award in favour of the Claimant. The Award required the Second Defendant to return 100% of the equity in the First Defendant, a BVI company, to the Claimant and to assist the Claimant in restoring its name to the register of members of the First Defendant. The Second Defendant opposed the enforcement of the Award ...
The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals. The issue came to the Texas Supreme Court on a certified question from the 5th Circuit and considers the practical effect of the Texas Legislature’s 2017 amendments to the Texas Prompt Payment of Claims Act, Chapter 542, Insurance Code ...
Before delving into the topic, let?s begin with a definition. Official marks are statutory instruments specific to Canadian practice. They are not trademarks per se, but are treated similarly, because they are adopted and used by a limited group of organizations including universities, Canadian public authorities and Her Majesty?s Forces.1 In this article, we will be focusing on Canadian public authorities ...
Since 2010, the Danish toy giant Lego has had a registered design right in the EU to the toy brick, commonly referred to as «the Lego brick»: Photo reference: View More
On August 11, 2023, the Court of Appeal of Quebec handed down a decision in CFG Construction inc. c. R.,1 dismissing the appeal of the guilty verdict against an employer, CFG Construction inc. (?CFG?), for criminal negligence having caused the death of one of its employees. This decision serves as a reminder of the potential criminal liability of an employer, depending on its legal form, for the death or bodily injury of its employees in the workplace ...
The Court of Appeal confirmed that, on the proper interpretation of a reservation of rights clause, residential tenants had obtained a right to park on a private road outside their flats. In the recent case of Duchess of Bedford House RTM Co Ltd v Campden Hill Gate Ltd [2023] EWCA Civ 1470, the Court of Appeal has confirmed that, on the proper interpretation of a reservation of rights clause, residential tenants had obtained a right to park on a private road outside their flats ...
Introduction The United States Trustee Program is part of the United States Department of Justice and oversees the administration of bankruptcy cases, including oversight of panel trustees. When a bankruptcy court grants a motion to appoint a Chapter 11 trustee, the United States Trustee (“UST”) is responsible for selecting and appointing the individual who will serve in such capacity ...
Following an antitrust investigation, in 2017 the European Commission had fined Google LLC and Alphabet Inc. a record €2.4 billion for abuse of Google’s dominant position. In brief, it found that Google was self-preferencing, by presenting results from its own Google Shopping first upon a so called “Google search”. On appeal to the General Court, the fine was confirmed in 2021 ...
Following the Act of 19 December 2023 (published on 27 December 2023), the legislator has introduced a reconciliation procedure in the commercial and labour courts as well as in the courts of appeal. Previous situation The tool that Father Christmas has just added to the Belgian ADR toolbox is not new. Reconciling the parties has expressly been part of each court’s remit since 2018 ...
Insurance contracts, like any other type of contract, require informed consent by all signatories. This concept is especially relevant considering that an insurance contract is an example of uberrimae fidei, i.e. an agreement requiring the utmost and the most absolute good faith when one party is disclosing facts that could influence the other party?s decision. In other words, policyholders are held to a high degree of honesty when providing their insurers with information ...
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 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 ...
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 ...
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 ...
