Prescription is the legal rule in Scotland that prevents a person from pursuing their legal rights to a claim after a certain time period has elapsed (the equivalent in England is limitation). A claim ‘prescribes’ when the relevant time period runs out (known as the ‘prescriptive period’). For contractual claims, the prescriptive period is five years ...
Controversially, the ‘Everyone Wins’ goody bags gifted to this year’s Oscar nominees included “the title of Lord or Lady of Glencoe, along with a small plot of land in Scotland”. However, the recipients may be disappointed to learn that this particular ‘freebie’, distributed alongside gourmet foods, cosmetic surgery, and luxury trips, confers neither title nor ownership ...
In April 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule implementing Executive Order 14026. The rule requires any federal “contractor” to pay employees a minimum hourly wage of $15 and overtime wages for work beyond 40 hours per week. This wage is subject to yearly increases determined by DOL ...
On March 30, 2022 the Division of Examinations of the United States Securities & Exchange Commission published the 2022 Examination Priorities. As in other years, the 2022 Examination Priorities document provides certain data regarding the scope of the examination program and the growth of the investment adviser community ...
Decree-Law 30-A/2022was published on 18 April to approve the exceptional measures intended to ensure the simplification of the procedures for producing energy from renewable sources. These measures came into force on 19 April and will be in force for a period of 2 years. These exceptional measures have been published by the Government in the current macroeconomic and geopolitical situation ...
Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same. While the majority of these changes take effect at the fast approaching date of June 9, 2022, the Governor’s signing immediately implemented others ...
Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same. While the majority of these changes take effect at the fast approaching date of June 9, 2022, the Governor’s signing immediately implemented others ...
Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc., Appeal Nos. 2020-1640, -1641 (Fed. Cir. Apr. 29, 2022) Our case of the week has a little bit for everyone, including lost profits, reasonable royalties, enhanced damages, claim construction, and more. However, the primary issue was application of the experimental use exception to the on-sale bar. The experimental use exception, which traces to City of Elizabeth v. Am. Nicholson Pavement Co., 97 U.S ...
Insolvency Law Update-Proceedings Against Guarantors CONTRIBUTION BY: Samiron Borkataky, Partner, Kochhar & Co. EMAIL: samiron.borkataky@kochhar ...
The Central Electricity Regulatory Commission (“CERC” or “Commission”) on May 9, 2022 notified the CERC (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2022 (“REC Regulations, 2022”)[1]. The reasons for framing of the REC Regulations, 2022 can be found in the Explanatory Memorandum to the draft of the REC Regulations, 2022 published by the Commission ...
On April 20, 2022, the government issued Order in Council 656-2022, which makes significant amendments to the Regulation respecting categories of insurance contracts and classes of insureds that may derogate from the rules of articles 2500 and 2503 (the ?Regulation?). The original version of the draft regulation with the same title (the ?Draft Regulation?) was the subject of one of our publications last September ...
Economic sanctions (also called restrictive measures) are an instrument of influence of states or international organisations (EU, UN) on states and individuals whose activities violate international law and pose a threat to peace and security. Sanctioning states impose certain restrictions on sanctioned entities (e.g ...
