Law No. 21,394, officially published on November 30, 2021, introduced a set of reforms to the justice system to promote efficiency in judicial processes and to limit the need for physical presence in courts. For that purpose, the Law reformed certain provisions of the Organic Code of Courts, the Code of Civil Procedure, and the Electronic Procedure Law, regarding the collection proceeding: Legal deadline to file an opposition to the collection complaint ...
The reforms introduced to the justice system by the publication of Law No. 21,394, dated November 30, 2021, has regulated transitory provisions on the procedure before courts with civil jurisdiction, Courts of Appeals and Supreme Court, for civil and commercial matters, with provisory effect, to facilitate the implementation of the permanent provisions of the Law ...
On November 30, 2021, Law No. 21,394 was published, introducing a set of reforms to the justice system to promote efficiency in judicial proceedings and to limit the need for physical presence in Courts. In addition, on December 13, 2021, the Supreme Court issued Act N°271-2021, enacting a decree (auto acordado) to regulate the remote appearance at pleadings and hearings before courts with civil jurisdiction, the Courts of Appeals and the Supreme Court ...
On November 30, 2021, Law No. 21,394 was published, introducing a set of reforms to the justice system to promote efficiency in judicial proceedings and to limit the need for physical presence in Courts. In addition, on December 13, 2021, the Supreme Court issued Act N°271-2021, enacting a decree (auto acordado) to regulate the remote appearance at pleadings and hearings before courts with civil jurisdiction, the Courts of Appeals and the Supreme Court ...
Here’s a fun conversation starter for lenders, borrowers and attorneys who regularly work on HUD-insured multifamily and health care facility loans: If HUD had a list of Ten Commandments for obtaining a HUD-insured loan, what would be Commandment No. 1? Most professionals in the HUD-insured loan universe would likely put the “first lien” requirement at or near the top of the list of Ten Commandments ...
Introduction Non-liability clauses are often included in many types of contracts. In principle, they are valid and used to limit (limitation of liability clause) or eliminate (exoneration clause) the liability of a party with respect to its obligations contained in a contract. The recent unanimous decision of the Supreme Court of Canada confirms that under Quebec law, parties may limit or exclude their liability in a contract by mutual agreement ...
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 ...
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 ...
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 ...
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 ...
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 ...
On December 31, 2021, The Chilean Ministry of Public Works published one of the last calls for bids before closing 2021, corresponding to the modernization and improvement of the current Route 68. The 140.7 km project will connect the municipalities of Santiago, Valparaíso and Viña del Mar and has a budget of approximately US $ 1.2 billion - the highest amount ever in a call for bids under Sebastián Piñera's administration ...
The Supreme Court has held that leaseholders exercising their rights to manage a building do not acquire the right to manage the surrounding estate, overturning a prior Court of Appeal decision ...
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 ...
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 ...
As it is known, the second paragraph of Article 5 of the New Constitutional Procedure Code (Law 31307) provides that "In constitutional proceedings against judicial decisions, judges or magistrates of the Judiciary are not notified or summoned with the lawsuit". In this regard, the Constitutional Court (TC) in the order issued in Case No ...
In the recent case of Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd the High Court has commented on what is meant by ‘all reasonable endeavours’, ‘good faith’ and ‘mutual benefit’, but do the comments really help? Agreements often include ‘endeavours’ clauses in an attempt to define the scope of a party’s obligations ...
It is now common knowledge that after January 2, 2022, issuing a cheque that is dishonoured for the lack of funds is no longer going to be a criminal offence in the UAE (for a primer on the changes made to the law, clickHere). But what of ongoing complaints and criminal cases regarding cheques that were dishonoured prior to January 2? Circular No. (9) of 2021, issued by the Dubai Public Prosecution Department on 19 December 2021, helpfully clarifies how such cases are to be handled ...
Law 9/2022 was published in Diário da República, the Portuguese official gazette, on 11 January 2022. This new law establishes measures to support and speed up corporate restructuring processes and payment agreements. It is the result of the incorporation into Portuguese law of Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 (“Directive (EU) 2019/1023”) ...
