On September 15, 2022, the Wall Street Journal reported Securities and Exchange Commission (SEC) Chairman Gary Gensler told reporters after a Congressional hearing that digital assets and the intermediaries dealing in such assets that allow for staking may shift the “efforts of others” analysis under the Howey test. If so, they would be re-categorized as securities ...
In a major speech delivered on September 15, 2022, Deputy Attorney General Lisa Monaco added important substance and details to Department of Justice policies aimed at aggressively combatting corporate crime and encouraging companies to self-report misconduct. These new policies result from months of DOJ meetings with a Corporate Crime Advisory Group comprised of stakeholders from the business community, the defense bar, public interest groups, academics, and others ...
In a recent interview with Mexico Business News, WSG Member Eduardo Kleinberg, Managing Partner at Basham, Ringe y Correa, provided insights on the importance of IP law to ensure a company’s longevity and success. And, discussed how lack of government oversight, support and follow-through of IP Law can result in a country disincentivizing innovation, domestic competitiveness and international investment ...
On September 8, 2022, the Ninth Circuit Court of Appeals affirmed the reserved right of the Metlakatlan Indian Community to fish in the off-reservation waters where Metlakatlans had traditionally fished, and held that Metlakatlans are not subject to an Alaska statute creating a limited-entry program for commercial fishing. Metlakatla Indian Community v ...
Polaris Innovations Ltd. v. Brent, Appeal No. 2019-1483 (Fed. Cir. Sept. 15, 2022) In our Case of the Week, the Federal Circuit provided what appears to be its first precedential opinion construing Section 317 of the Patent Act—a provision concerning the effect of settlement during an America Invents Act (AIA) proceeding. The Court’s opinion construes the statute in ways that may be unexpected for parties who seek to settle inter partes review (IPR) petitions ...
The issue of the Dubai Law No. 4 of 2022 regulating Virtual Assets in Dubai (VA Law) issued in March 2022 created a lot of buzz and further strengthened Dubai’s position as a global hub for digital assets. The VA Law also established the Dubai Virtual Assets Regulatory Authority (VARA) which was tasked with creating a legal framework for virtual assets sector ...
In a decision rendered on September 1, 20221, the Court of Appeal of Quebec stated that a judge seized of an application for authorization for treatment must ensure that the patient in question can be heard and assert their rights. The Court also took the opportunity to analyze the indefinite hospitalization clauses and the re-hospitalization clauses made necessary following a subsequent deterioration in a patient?s health ...
The Directorate of Investment and Company Administration (“DICA“) issued an Announcement for its Recommendation on Foreigner Visa Extensions (“Announcement“) that went into effect on 14 September 2022. The Announcement sets forth the requirements for companies that wish to apply to extend a foreigner’s visa and such companies must have been reg/istered for one year ...
On August 19, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) published that it had received a Freedom of Information Act (“FOIA”) request from a journalist with the Center for Investigative Reporting. The request sought the disclosure of EEO-1 Type 2 Consolidated Report data filed annually by prime federal government contractors and first tier sub-contractors (“covered contractors”) ...
Key Points AB 2449 provides complex and restrictive alternative teleconference procedures: At least a quorum of the members of the legislative body must participate in person from a singular physical location identified on the agenda, which location will be open to the public and within the boundaries of the local agency; A member may only teleconference for publicly disclosed "just cause" or in "emergency circumstances" approved by the legislative body; and A member may only teleconfere
Reflecting on Scottish Housing Day's theme of sustainability for this year, we consider the balancing act faced by developers in dealing with an ever changing set of challenges in their drive to Net Zero. Scottish Housing Day 2022 shines a spotlight on sustainable housing ...
Many federal contractors are required to file Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Reports). Generally, employers that are subject to Title VII of the Civil Rights Act of 1964, as amended, and has 100 or more employees must file an EEO-1 Report with the Equal Employment Opportunity Commission (EEOC) ...
On the occasion of our annual merit-making ceremony, Kudun and Partners spent the afternoon creating beautiful memories with children with visual impairments at the Bangkok School for the Blind. Led by project champions, Pimklao Kanchanakom, Thanpitcha Rojanawiboonchai, and Thanyawan Khositapha, associates of Kudun and Partners, interactive activities have been organized to express our support for the children with visual impairments ...
There have been significant delays in registering entities at SAM.gov, and that has been adversely impacting the ability of some federal contractors to respond to certain procurements/solicitations because FAR 4.1102(a) requires offerors to be registered in SAM.gov at the time of an offer or a proposal submission. On September 8, 2022, the Department of Defense (DOD) acknowledged the issue with SAM.gov and issued a class deviation permitting contracting officers to include FAR 52 ...
We published an article on the International Sustainability Standards Board (ISSB) commenting on the publication of the exposure drafts of two International Financial Reporting Standards (the Standards). The UK Financial Conduct Authority (FCA) recently published its response welcoming the Standards. Key points The FCA stated that the Standards generally met its expectations as set out in its Strategy 2022 to 2025 ...
On 31 August 2022, the UK COVID-19 Inquiry (“the Inquiry”) opened its second Module. Module 2 will examine the political and administrative decision making of the UK and devolved governments, with a particular focus on early 2020 ...
<p>Dear valued clients, colleagues and friends,</p><p>Our <a href="https://www.shearndelamore.com/practice-areas/technology-communications/">TMT</a> Partner, <a href="https://www.shearndelamore.com/people/janet-toh-yoong-san/">Janet Toh</a>, and Associate, <a href="https://www.shearndelamore ...
Key Points A California Court of Appeal held that the State Water Board lacks authority under Water Code, § 1052(a) to curtail valid pre-1914 appropriative water rights holders from diverting water This decision tracks precedent concerning the Board’s very limited power to regulate pre-1914 water rights But the State Water Board might still regulate pre-1914 water rights under other authorities, including drought emergency regulations On September 12th, the Sixth District Co
On September 14, 2022, the Cyberspace Administration of China (the "CAC") released an exposure draft of the Decision on Amending the Cybersecurity Law of the People's Republic of China (Draft for Comment) (the "Draft") ...
The changes in the cannabis industry in Southeastern United States represent some of the most surprising and remarkable changes in the history of the industry. The South is well positioned to be a leader in the cannabis industry, and in some ways, it should be expected. The region has been instrumental in highly regulated industries, such as alcohol and tobacco, and the only federally sanctioned cannabis grow program has operated at the University of Mississippi since the 1960s ...
On September 9, 2022, the U.S. Small Business Administration (SBA) issued a notice of proposed rulemaking regarding “Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program ...
On 19 August 2022, the Government adopted Resolution No. 921 "On Amending Resolutions of the Cabinet of Ministers of Ukraine No. 220 of 3 March 2004 and No. 1438 of 29 December 2021."According to the approved amendments, section "Other rights and obligations" of the Model Land Lease Agreement is defined in accordance with the Law of Ukraine "On Land Lease" ...
On August 31, 2022, the Cyberspace Administration of China (the "CAC") issued the Application Guidelines for Security Assessment of Cross-border Data Transfer (1st Edition) (the "Application Guidelines"), which specify and implement the provisions on cross-border data transfer security assessments ("security assessments") in the Measures for Security Assessment of Cross-border Data Transfers (the "Assessment Measures") ...
On February 24, a lot changed in Ukraine, and the judicial system was no exception. What new has the full-scale invasion of the Russian Federation brought to the resolution of legal disputes and what does the judiciary look like under martial law - we will consider further. The first months after the invasion Immediately after the Russian invasion, the courts took some time to recover from the shock ...
