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 ...
ESG—environmental, social, and [corporate] governance—is the focus of socially responsible investing, reflecting the notion that corporations should serve the interests of not only their shareholders, but of all their stakeholders. This paper suggests NEPA’s EIS process provides a possible go-by for corporate decision-makers to use in ensuring that their ESG policies consider the big picture--the cons as well as the pros of their ESG policies ...
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 ...
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 ...
Niazi Licensing Corporation v. St. Jude Medical SC, Inc., Appeal No. 2021-1864 (Fed. Cir. Apr. 11, 2022) The Federal Circuit’s only precedential patent decision this week comes on appeal from a district court decision finding invalidity, granting summary judgment of no induced infringement, and imposing sanctions pursuant to Fed. R. Civ. P. 37 ...
On March 28, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the resolution of three investigations and one matter before an Administrative Law Judge related to compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule ...
President Joe Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which allows an individual asserting sexual assault or sexual harassment claims to bring such claims to court, even if they had previously agreed to mandatory arbitration. Dinsmore employment attorney Aly St. Pierre wrote about what employers need to know about this new law for The Indiana Lawyer. An excerpt is below ...
The demise of Kids Company and its aftermath has unfortunately overshadowed the pioneering work that charity did for nearly twenty years with some of the most damaged children and young people in our society. In the words of its founder “making a commitment to help maltreated children heal through unrelenting love by being resolute and kind, and over the years understanding how to help children acquire mastery over their traumas ...
Our Shoospeak HR podcast welcomes special guest Pavan Sumal who explains the options open to Ukrainians looking to flee the current conflict. Shoosmiths colleagues Andy Graham and Amy Leech are joined by special guest Pavan Sumal (Associate within Shoosmiths’ Immigration Team) to discuss visa options and other immigration support available for Ukrainians fleeing the current conflict ...
Recently, in Beal v. Outfield Brew House, LLC, 2022 U.S. App. LEXIS 7748 (8th Cir. Mar. 24, 2022) the 8th Circuit Court of Appeals upheld two district court decisions, each of which found that the marketing software called “Txt Live” used by the defendants to send promotional text messages to phone numbers randomly selected from a customer database is not an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) ...
Littelfuse, Inc. v. Mersen USA EP Corp., Appeal No. 2021-2013 (Fed. Cir. Apr. 4, 2022) Our Case of the Week focuses on the issue of claim construction, and, more specifically, the doctrine of claim differentiation. The patent at issue was directed to a “fuse end cap for providing an electrical connection between a fuse and an electrical conductor ...
On April 7, 2022, Finance Minister Chrystia Freeland tabled the federal government?s new budget for 2022. This budget includes several tax measures relevant to the mining industry in Canada. The Canadian federal government intends to provide $3.8 billion over eight years to implement Canada?s first critical minerals strategy ...
Dramatic changes to energy supply security driven by geopolitical upheaval The EU energy transition is aimed at weaning Europe of its fossil fuel dependence and to enable Europe to reach climate emissions reduction targets. For the last 100 years, energy consumption other than transportation has been supplied almost entirely by hydropower. Norway in later years has been actively reducing its dependence on fossil fuel for road transport, costal shipping and the offshore supply fleet ...
On March 30, 2022, the Ninth Circuit Court of Appeals issued a decision in Oertwich v. Traditional Village Of Togiak, No. 19-36029 (9th Cir.) that has potential implications for tribal sovereign immunity, including recognizing that tribal sovereign immunity extends to tortious conduct occurring on non-tribal lands. Ronald Oertwich (“Oertwich”) was a non-tribal member living in the City of Togiak, Alaska (the “City”) ...
The government have introduced various visa concessions for Ukrainian citizens affected by the conflict. Legal director of immigration, Rachel Harvey and Pavan Sumal, associate specialising in immigration law discuss the routes available and what you can do to assist. In country options Concessions are available for those who were in the UK at the start of the conflict ...
HM Treasury has recently published the outcome of its UK Prospectus Regime Review. The Review Outcome sets out important reforms to the UK prospectus regime for the public issuance of securities and admission to trading on capital markets, outlining the policy approach the UK Government will take following last year's Prospectus Regime Review consultation. This briefing note sets out the key measures confirmed by the UK Government in the Review Outcome ...
The headlines of the just announced energy strategy were already well known and the comments of ‘missed opportunities’ by various interested parties were equally predictable. Green targets to reduce demand such as energy efficiency measures and improving home insulation have fallen by the wayside, as have those for businesses and organisations on the demand side, with no mention of measures such as plant and equipment switching, on-site renewables or fuel switching ...
A recent judgement of the Court of Appeal brings welcome clarification of the principles regarding the recovery of wasted expenditure claims in IT disputes. Summary Whist wasted costs arising from failed IT implementations often form part of a subsequent loss of profit claim, the two forms of loss are separate and distinct. Consequently, in order to be effective, exclusions must specifically refer to wasted costs ...
On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the United States Code prohibits private employers from mandating that employees submit to arbitration of sexual assault and sexual harassment claims ...
On April 2, 2022, the China Securities Regulatory Commission (the “CSRC”) published the revised Provisions on Strengthening Confidentiality and Archives Administration of Overseas Securities Offering and Listing by Domestic Companies (Draft for Comments) (the “Draft Archives Rules”). The Draft Archives Rules is now open for public consultations until April 17, 2022 ...
Here we look at some of the possible avenues to explore in relation to contracts governed by English law if you are affected by events unfolding in Ukraine. Reviewing your contracts might seem like a minor inconvenience compared to what has been happening in Ukraine over the last month or so ...
