The advent of streaming video on demand platforms (SVOD) has made access to virtual content relatively easy. As a matter of fact, it is one of the many benefits that comes with the internet and technological evolution. However, when sharing or transmitting virtual contents to consumers or subscribers, these platforms must ensure that the appropriate licences are obtained from holders of intellectual property rights to avoid claims of infringement ...
The Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) are seeking to improve the operational resilience of the UK financial sector. This applies to many organisations, including: banks building societies, PRA-designated investment firms and insurers. The new rules and guidance will come into force on 31 March 2022. By then, firms must have identified any vulnerabilities in their operational resilience ...
For many years, the question of whether there should be more openness in the family courts has been a live issue. But previous proposals calling for increased transparency, including the initial government proposal of 2006 to allow the media to report on family cases, have been unsuccessful. In May 2019, President of the Family Division, Sir Andrew McFarlane, launched a review into transparency in the family courts and the report outlining his findings was published on 29 October 2021 ...
The Coronavirus Aid, Relief, and Economic Security (CARES) Act assigned the U.S. Department of Treasury Office of Inspector General (OIG) responsibility for compliance monitoring and oversight of the receipt, disbursement, and use of payments from the Coronavirus Relief Fund (CRF Payments). OIG has also been given the authority to recoup CRF Payments in the event OIG determines that a recipient did not comply with Treasury regulations governing the use of CRF Payments ...
Kyocera Senco Industrial Tools Inc. v. International Trade Commission, Appeal No. 2020-1046, -2050 (Fed. Cir. Jan. 21, 2022) The Federal Circuit’s only precedential patent decision this week comes on appeal from the International Trade Commission, where an Administrative Law Judge (ALJ) found noninfringement and the Commission reversed. The Federal Circuit addressed the issues of qualifications to provide technical expert testimony, claim construction, and references ...
After the growth and successes of the tech industry in 2021, James Klein, head of the technology sector at Shoosmiths shares his thoughts on emerging trends and a few areas where we may see developments in 2022. Data Data continues to be a key strategic asset, whether it is in connection with data storage, transfer, protection, processing, security, or capacity issues. Predictive analysis of data is likely to be more pertinent than ever this year ...
When disputes arise between family members, there is often much more at stake than money. Common grounds for family disputes We regularly deal with disputes between family members in relation to Wills, Powers of Attorney, and the administration of the estates of deceased individuals. Often these include challenges to the validity and terms of a Will, either because it is alleged that the signature has been forged or that undue pressure was placed on a person to change the terms of a Will ...
In a statement to Parliament on 14 December 2021, John Swinney, the Deputy First Minister, confirmed the appointment of Court of Session judge Lady Poole as the chair of the Scottish inquiry into the COVID-19 pandemic. The Scottish Government also announced the terms of reference for the public inquiry on the same date, with the inquiry investigating the period between 1 January 2020 and 31 December 2022. You can read the full ministerial statement here ...
From 6 April 2022, the way right to work checks are conducted is changing. Virtual or “adjusted” right to work checks will no longer be acceptable Virtual checks were only ever intended as a temporary concession because of the pandemic. While they have been repeatedly extended throughout the pandemic, the Home Office is adamant that they will end once and for all, with 5 April 2022 being the final date on which they can be validly conducted ...
A recent High Court decision raised some interesting questions surrounding the property status of cryptocurrencies and whether they can be held on trust. We consider how certain comments in the judgment may have implications for the property status of NFTs. The recent English High Court decision in Wang v Darby [2021] EWHC 3054 (Comm) raised some interesting issues regarding whether cryptocurrencies can be held on trust ...
At the end of 2021, the Intellectual Property Rights Court published the new Practice Review on the issues regarding the application of the Civil Code of the Russian Federation, on the legal protection of software and databases (in Russian only). The Review presents the well-established positions of the Court on the disputes practice regarding databases and software ...
In the beginning of the new year 2022, it is a good time to take look back to the previous year 2021 and to have a look at reforms and amendments coming up during 2022 within the field of employment law. In addition to legislative changes, collective bargaining negotiations have lately been a hot topic as many collective bargaining agreements are up for renewal and some generally applicable collective bargaining agreements will not be renewed ...
Key Points U.S. Army Corps of Engineers finalized a rule renewing nationwide permits under the Clean Water Act for projects involving discharges of dredge or fill material to jurisdictional waters. The Army Corps also issued new nationwide permits, such as for water reclamation and reuse facilities and for activities involving water, stormwater, and wastewater utility lines. These new nationwide permits create opportunities to expedite permitting for certain infrastructure projects ...
The living sector will continue to provide opportunities and challenges for investors, developers and residents, alike. The government is set to turn the page on pandemic restrictions, with most set to stop in England on 26 January. Time will tell if this will be the year when we can get back to a more normal way of life, but one thing we can be sure of is that the living sector will continue to provide opportunities and challenges for investors, developers and residents, alike ...
This year, Family Mediation Week takes place between 17-21 January 2022. It exists to raise awareness of the benefits of family mediation and how the process can help separating families resolve their issues productively and collaboratively. The campaign is organised by the Family Mediation Council and is supported by Resolution ...
The importance of being truthful on immigration forms has been thrust into the international spotlight this week, thanks to tennis star Novak Djokovic who has been deported from Australia. Whilst the ins and out of the refusal are up for discussion, one thing is clear is that the information on his application about where he has been during the fourteen days prior to his arrival in Australia was not correct ...
‘The right to disconnect’ was a popular topic during 2021 and provides for an interesting discussion - should there be a legal right in the UK for employees to disconnect from their workplace? The phrase which may bring joy to an employee’s ears but potentially not so much to those of an employer is the ‘right to disconnect’ ...
On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS), finding that the challengers to the ETS are likely to prevail. Justices John Roberts, Amy Coney Barrett, and Brett Kavanaugh issued the decision to stay the OSHA ETS. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas concurred with their own separate opinion ...
Evolusion Concepts, Inc. v. HOC Events Inc., Appeal No. 2021-1963 (Fed. Cir. Jan. 14, 2022) In its only precedential patent case this week, the Federal Circuit disposed of an appeal, holding that the district court’s claim construction was wrong. In the appeal from the U.S. District Court for the Central District of California, the Federal Circuit addressed the meaning of the term “magazine catch bar” in the asserted claims ...
The General Department of Taxation (“GDT”) issued Notification no. 776 GDT on the 17th of January 2022 (“Notification 776”) which delays the implementation of Prakas 542 MEF.P on the Rules and Procedure for the Implementation of VAT on E-Commerce (“Prakas 542”) to 31 March 2022 ...
As we go into 2022, the future direction of the planning system in England remains uncertain. Planning Bill The planning white paper proposals for a hybrid mix of discretionary decision making and codified zonal planning have proved particularly controversial with concerns about what could be seen as a ‘top down’ approach contributing to the outcome of the Chesham and Amersham by election ...
Following on from the Migration Advisory Committee's annual report, the government have announced welcome changes to the Health and Care visa route. The Migration Advisory Committee (MAC) published their annual report in December. The report considered a variety of subjects and took a detailed look at the health and care sector ...
