Dear valued clients, colleagues and friends, Our Arbitration and Mediation partners Rabindra S. Nathan, Rodney Gomez and K. Shanti Mogan have co-authored the Malaysian chapter of The Legal 500 Country Comparative Guides: International Arbitration 2021. The Arbitration Act 2005 (“AA 2005”) applies to arbitration in Malaysia ...
The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest’s decision. In the case of Re AH (2021) Mr Justice Hayden, who is a High Court Judge and the Vice President of the Court of Protection, visited AH in hospital after the hearing had concluded and before giving judgment ...
On Dec. 11, 2021, The Pennsylvania Department of Drug and Alcohol Programs will issue final regulations launching a new licensure and certification process for drug and recovery homes doing business in the Commonwealth of Pennsylvania. Each individual drug and recovery home operating in Pennsylvania must obtain a license and demonstrate compliance with the final regulations within 180 days of their issuance ...
In the guide, Chambers notes: «It’s the leading tech law firm and has now become the leading FinTech law firm,» says an interviewee, who adds: «It’s the only law firm to enhance their FinTech offering consistently.» Our partners Espen Tøndel and Morten Winther defend their individual Band 1 rankings ...
A tech entrepreneur recently publicly condemned men who opt to take longer periods of paternity leave. It is crucial that this outdated narrative is dispelled to ensure greater equality in relation to maternity, paternity and other types of parental leave. A prominent US entrepreneur recently branded men that take six months paternity leave “losers” and claimed that the “correct masculine response” is for men to work harder to provide for their children ...
In a statement last week, the justice secretary, Dominic Raab, warned that parents who bring vexatious claims to the family courts will face financial penalties. The policy is part of plans currently being drawn up by the government to introduce new incentives and disincentives to “spare children the trauma of seeing their parents fight it out in court” ...
On 12 May 2021, Prime Minister Boris Johnson committed to holding a Public Inquiry into COVID-19 that will place "the state's actions under the microscope". Demonstrating that it is independent, objective and fair is fundamental to an Inquiry’s purpose. We take a look at the extent to which the State can effectively examine itself in a Public Inquiry when it has ultimate responsibility for determining the remit, and therefore inevitably the scope of any conclusions ...
In collaboration with the Legal 500, we are once again selected as the exclusive contributor for the 5th edition of Thailand’s Real Estate Comparative Guide, published on December 2021 ...
The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of real estate law in Thailand. This guide provides information about the current issues affecting real estate in Thailand and addresses topics such as ownership proof, due diligence, taxes, planning and zoning restrictions, mortgages and environmental contamination as well as insight and opinion on the most common issues in their respective country ...
Kudun and Partners represented The Erawan Group Public Company Limited (SET:ERW), one of the most renowned and longest-standing SET-listed real estate developers in Thailand, on its divestiture of the Renaissance Koh Samui Resort and Spa and Ibis Samui Bophut Hotel to Infinity Hospitality Holding Company Limited and Infinity North Samui Co., Ltd ...
On Nov. 30, 2021, the U.S. Supreme Court heard oral arguments from a coalition of hospital plaintiffs who are challenging Medicare’s nearly 30% reduction in outpatient drug reimbursement rates for 340B Program-participating hospitals ...
On Nov. 10, 2021, the SEC Division of Examinations issued a Risk Alert regarding an advisory fees examination initiative (the Initiative). The Division of Examinations conducted 130 examinations of investment advisers focused on advisory fees, predominantly those charged to retail investors. This Risk Alert supplements the Advisory Fee Risk Alert issued by the Division of Examinations on April 12, 2018 ...
On Nov. 9, 2021, the SEC Division of Examinations issued a Risk Alert regarding investment advisers providing automated digital investment advisory services to clients (robo-advisory services and robo-advisers). These robo-advisers either exclusively provide online services or supplement their traditional investment advisory services by using proprietary software, third-party software, or a combination thereof ...
On Nov. 10, 2021, the SEC Division of Examinations issued a Risk Alert regarding an advisory fees examination initiative (the Initiative). The Division of Examinations conducted 130 examinations of investment advisers focused on advisory fees, predominantly those charged to retail investors. This Risk Alert supplements the Advisory Fee Risk Alert issued by the Division of Examinations on April 12, 2018 ...
Biogen International GMBH v. Mylan Pharmaceuticals Inc., Appeal No. 2020-1933 (Fed. Cir. Nov. 30, 2021) For the second time in two weeks, our Case of the Week focuses on the written description requirement, in particular where the patent claims a range. In fact, all three precedential decisions issued this week concern issues relating to patents that claim numerical ranges. Below, we discuss two of those cases in our “Also This Week” section ...
This inBrief examines the latest amendments to the Bankruptcy Law (Federal Decree Law No. 9 of 2016, as amended) introduced under Federal Decree Law No. 35 of 2021 (the New Law) and their impact on the personal liability of the board of directors and managers of bankrupt companies. The New Law came into effect on 1 November 2021. In contrast with earlier amendments to the Bankruptcy Law (such as Federal Decree Laws No. 23 of 2019 and No ...
The High Court has dismissed 28 divorce petitions after finding that the particulars of behaviour were ‘absolutely identical’ to each other. Every marriage is different, but in the recent case of Celine-Shelby v Yorston, the courts were confronted with 28 divorce applications from 28 different people, all seemingly based on the same reasons ...
Shoosmiths’ London office hosted its first hybrid seminar on 23 November, With Alastair Peet, Steve Barnett and Lisa Faragher from our VC team teaming up with Pietro Strada and Paddy MccGwire from technology focused corporate finance house Silverpeak to discuss current trends in tech market exits and financings. The seminar also included a panel discussion with David Cocks, co-founder of CloudTrade and Simon King, Partner at Octopus Ventures ...
Experts from Shoosmiths and BDO recently led a panel discussion regarding the upcoming introduction of Solent’s Freeport. Shoosmiths’ Kirsten Hewson (head of real estate), Stephen Porter (head of corporate) and Solent office head Paula Swain (also a board member of the Solent Freeport Consortium & Solent LEP) discussed the upcoming development. Also on the panel were Cllr ...
On November 24th, 2021, Law No. 21,391 introducing in the Labor Code a new article 206 bis, was published in the Official Gazette. This article establishes the employer’s obligation to offer remote work or teleworking to certain employees, in the event a state of catastrophe due to public calamity or a health alert due to an epidemic or pandemic because of a contagious disease is declared ...
Corporate/M&A Collaboration between Bursa Malaysia Berhad with Capital Markets Malaysia through the Elevate Programme Bursa Malaysia Berhad (“Bursa”) has on 11 November 2021 announced that Bursa will be collaborating with Capital Markets Malaysia (“CMM”) to engage and work with mid-tier companies that are seeking to undertake initial public offering in the next 24 months ...
New rules in relation to statutory transfers rules came into force on 30 November 2021 to protect members’ pension savings from being lost as the result of a transfer to a scam arrangement. Trustees and managers (trustees) must take additional steps before a statutory transfer can be paid. Regulatory guidance The new requirements (and everything in this article) only apply to statutory transfers ...
Repurposing existing real estate is a common occurrence. Less common, but expanding, are the innovative solutions beginning to occur to address empty real estate — particularly shopping malls — as in-store purchases become less common in the age of the internet and Amazon deliveries. There have been some noteworthy conversions of large retail space into health care facilities. One such successful example is the Vanderbilt Medical Center in Nashville, Tenn ...