The Supreme Court has decided several cases concerning the Civil Procedure Act this autumn. We would like to start by mentioning HR-2022-1503-U, which concerned the difference between an ordinary witness and an expert witness. Two decisions concerning recusal are also noteworthy: HR-2022-1959-A and HR-2022-1799-U. The question in the first case was whether a judge had to recuse himself because his textbook expressed an opinion about the legal issue in the case ...
The Intellectual Property and Related Rights (Amendment) Law of 2022, published in the Official Gazette of the Republic of Cyprus on 7 October 2022, aims to harmonise the Cyprus copyright regime with various acts at the European Union (‘EU’) level and the WIPO Performances and Phonograms Treaty. This Law amends and redefines already existing concepts and establishes new definitions and obligations ...
Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence needed to successfully invalidate a patent as anticipated. Mosaic claimed that Ridge infringed Mosaic’s patent and trade dress for a money-clip wallet. Ridge countered that Mosaic infringed Ridge’s own patent for a money-clip wallet ...
With just days left till Christmas, the government has revealed more details on its proposed approach to planning reform with a draft National Planning Policy Framework released for consultation. Views are also being sought on a proposed approach to preparing National Development Management Policies, levelling up policy, and how national planning policy is currently accessed by users, but not as yet on the much needed funding for these changes ...
On December 14, 2022, the National Labor Relations Board reinstated a previous test used to determine which employees must be included in an appropriate bargaining unit. In American Steel Construction, Inc., 372 NLRB No. 23 (2022), the Board overruled the test established in PCC Structurals, 365 NLRB No. 160 (2017), and The Boeing Co., 368 NLRB No. 67 (2019), opting to return to the test set forth in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011) ...
In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note. ASRC Federal Data Solutions LLC ESimplicity Inc. v. U.S. Hydraulics International Inc. v. U.S. IAP Worldwide Services Inc. v. U.S. MP Solutions LLC Trace Systems Inc. This article by Aron C. Beezley, Patrick R. Quigley, Sarah Sutton Osborne, Lisa Markman, Nathaniel J. Greeson and Gabrielle A ...
ADASA Inc. v. Avery Dennison Corporation, Appeal No. 2022-1092 (Fed. Cir. Dec. 16, 2022) In the Federal Circuit’s only precedential opinion this week, the Court considered issues arising from infringement litigation concerning appellee ADASA’s U.S. Patent No. 9,798,967 (the ’967 patent), which is directed to systems and methods for encoding radio-frequency identification (RFID) tags. Following a $26 ...
In this briefing, we will review the implications of the Law for property transactions in Jersey. Tax on purchase of residential properties which are not used as a main residence The key implication of the Law is that stamp duty (and equivalent land taxes such as land transactions tax and enveloped property transactions tax) on acquisitions of domestic residential property which will not be the purchaser's main residence will be increased ...
Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they are right. There are a handful of claim types that always seem to rear their heads, even in projects that generally are run well. This article will briefly describe those claims and how to avoid them in 2023. 1. Design Error Claims These claims often come up when an inexperienced owner (or architect) are working on an entirely new type of project ...
A picture is worth a thousand words, but what about a drone video? To construction firms and the lawyers who represent them, drones, also known as unmanned aerial vehicles (“UAVs”), enable firms to capture large amounts of high-quality information in a quick and efficient manner ...
The Site Report has extensively discussed the developments of 3-D printing building construction and its impact on the construction industry. 3-D printing structures is becoming more commonplace. Last month, Iowa State University began designing 3-D printed housing for rural Iowa. ICON Technology, Inc., an Austin, Texas company, is currently planning to build an entire subdivision in Texas using its 3-D printing technology ...
Anyone familiar with the construction industry knows that retainage – or money held back from payment until a later time – is a tool that project owners and general contractors have long used to protect against contractor nonperformance or other project risks ...
The COVID-19 pandemic resulted in many business owners seeking business interruption and extra expense coverage for lost income sustained as a result of mandatory closures of their businesses. At the core of such claims is the issue of whether businesses can obtain coverage for business interruption in the absence of direct physical loss to their business premises from COVID-19. Consistent with national trends, the Supreme Court of Ohio, in Neuro-Communication Servs., Inc. v ...
On December 5, 2022, the Supreme Court issued the Supreme Court resolution No. 258-2022 regulating the criteria for the authorization of exceptional operation of the courts, as regulated in Articles 47 D and 68 bis of the Organic Code of Courts. The approval of the Courts of Appeals for the exceptional operation may become effective as of December 12, 2022, which may be extended for a period of one year, extendable for one more year without the need for a new request ...
Having elapsed the period contemplated for the transitory regime of Law No. 21,934, published on November 30, 2021 (the "Law"), by means of which a set of reforms to the justice system were introduced, the permanent regime provided by the Law, whose general rule is attendance regime, notwithstanding the exceptions contemplated by the Organic Code of Courts, is now in force. The main provisions of the permanent regime may be found in ours News Alert 454 and News Alert 453 ...
Renewable energy developers and contractors have been anticipating the Treasury Department and IRS’s initial guidance on what is required to satisfy the prevailing wage and apprentice requirements under the Inflation Reduction Act (IRA) ...
Kudun and Partners represented Altitude Development Co., Ltd., one of Thailand’s leading real estate development, in the offering of newly issued shares to Lotus Global Investment, a foreign PE fund, representing 12.49 percent of its total issued share capital, with a transaction value of THB 500 million (approximately USD 13.8 million). This transaction is an important milestone prior to the client’s initial public offering in the Stock Exchange of Thailand ...
As we take stock on 2022, and look forward to 2023, let’s briefly reflect on some of the topics that are current with our Living sector teams and clients ...
The UK’s purpose-built student accommodation (PBSA) sector remains resilient despite months of economic and political uncertainty. “The fundamentals of the operational market in PBSA are very strong. I don’t think anyone is sat there saying that we don’t have great universities, we’ve got great occupancy and we’ve got growing demand,” outlined Alex Pease, executive director at Watkin Jones Group, at a recent Shoosmiths’ roundtable ...
Google LLC v. Hammond Development International, Inc., Appeal No. 2021-2218 (Fed. Cir. Dec. 8, 2022) In the only precedential patent decision this week, the Federal Circuit issued a decision concerning the effect of collateral estoppel in an inter partes review (IPR) based on a previous IPR decision ...
From gyms, pools, gardens and co-working spaces to group litter picking, charity fund raising and book clubs, the build to rent (BTR) sector is founded on the provision of social value and community. The over-arching purpose of BTR is to create thriving communities of tenants whose willingness to utilise space and engage with neighbours goes beyond the mere occupation of a building ...
The Building Safety Act 2022 (BSA) received Royal Assent in April 2022. Its aim is to improve building safety across the built environment, with a focus on the residential sector. The BSA is being implemented in stages and a number of areas within the living sector fall under its regulatory umbrella. The government recently confirmed its intention for purpose-built student accommodation to be subject to the new regulatory regime ...
