Member Articles

Practise What You Preach  Governance + Compliance Magazine Joanne Sear, Principal Associate Barrister, Shoosmiths February 2024 Companies in the legal services industry may be advising clients on the risks and opportunities around corporate responsibility, but are they living up to those recommendations? For more than a decade, corporate responsibility (CR) has been a key risk and opportunity for businesses ...

To reduce carbon emissions, significant changes are necessary in how our industries operate, how they draw power from the grid and how we heat our homes. Hydrogen emerges as a pivotal element in achieving net zero (NZ) emission goals. It serves as a low-carbon fuel, facilitating our transition toward a more sustainable future. Developing a hydrogen economy holds the key to unlocking future investments, generating employment opportunities and enhancing supply chains ...

This February saw the largest Energy Storage Summit in the UK so far, as over 1500 delegates, exhibitors and speakers converged on West London to discuss the key issues in storage, both in the UK and overseas. Chris Pritchett, energy and infrastructure partner has been a prominent figure in Energy Storage since 2015 and was asked to chair day two of the conference ...

The regulations that are starting to emerge in various different jurisdictions pose major challenges, not just for users, but also for developers of AI systems. In this article we will look at the main differences and the areas of common ground. Artificial intelligence has revolutionized many aspects of our lives, from healthcare to national security. However, its use has also raised concerns in connection with privacy, discrimination and security ...

In a 2023 trip and fall case, the United States District Court for the Middle District of Florida granted summary judgment in favor of Defendant Wal-Mart. Kozlowski v. Wal-Mart Stores E., LP, No. 5:21-cv-261-ACC-PRL, 2023 U.S. Dist. LEXIS 116861 (M.D. Fla. May 19, 2023). The plaintiff alleged that she tripped due to humps and ripples in a floor mat at the front entrance of the store ...

The recent decision to permit 45 million competition law claimants to claim against Meta has thrown fresh focus on the real risks posed to organisations after data breaches. Here, we discuss recent trends and make some predictions. Following the news that up to 45 million claimants under competition law have been given the go-ahead for a £2bn class action against Meta, many are thinking about what the real risk of class action litigation is after a mass data breach ...

With climate change continuing to be a topic of concern across the international community, Canada has recently taken another step to support the development of renewable energies and technologies. In the 2023 budget tabled on March 28, 2023, the Canadian federal government unveiled new tax incentives aimed at supporting investments in both renewable energies and certain clean technologies. These incentives can be grouped into five main Investment Tax Credits (ITCs) ...

The case concerns the interpretation of Article 269 of the AHL, which provides that additional or more stringent measures by Member States may be adopted concerning responsibilities for animal health in certain limited areas. (As provided for Articles 10 to 17 AHL ...

As global environmental awareness surges, renewable energy stands at the forefront of sustainable development, playing a vital role in shaping a greener future. In this context, nations are increasingly turning to renewable sources as pivotal elements of their energy strategies. Among these nations, Thailand is notable for its commitment to renewable energy ...

2023 was largely characterised by macroeconomic volatility and heightened geopolitical tension. Due to this, many companies are now facing unexpected legal disputes after finding themselves or their contractual counterparties in distressed situations. Disputes Day 2024 will therefore focus on Disputes and Distressed Parties. The event will be organised on 19 March and it aims to provide practical insights to help companies navigate the complexities of legal disputes ...

Re Coinomi - Reconsidering the remedies for unfair prejudice Whereas the position at first instance (Re Coinomi [2022] EWHC 3178 (Ch)) had determined that a shareholder could not claim damages in favour of the company when invoking the statutory unfair prejudice jurisdiction, the appeal (reported as Ntzegkoutanis v ...

The Supreme Court of the United States recently unanimously reversed the 2nd Circuit’s ruling on an employee asserting a retaliation claim under the Sarbanes-Oxley Act (“SOX”). Now, employees asserting a retaliation claim under SOX need to only show that their protected activity was a contributing factor in the adverse employment action. An employee does not have to prove that the employer had retaliatory or discriminatory intent to prove retaliation under SOX ...

The Commission for the Unification of Federal and Local Judicial Principles (the “Commission”) recently issued a number of decisions aimed at harmonising certain “judicial principles”. Since the doctrine of stare decisis is not followed in the UAE, there have been instances of incongruities in the application of law by the UAE courts ...

In November, we published a regulatory update on the announced legislative project that aims to clarify requirements and processes for offshore wind power in the Finnish exclusive economic zone ("EEZ") ...

By: Stephen Best, Clayton Barnett, and Brian Adkins February 7, 2024 Whether you are a passionate supporter of college athletics or a casual sports fan, nearly everyone has heard the three letters, NIL. NIL (or name, image, and likeness) has quickly become part of the national sports lexicon ever since the United States Supreme Court opened the door for student-athletes to receive monetary compensation under National Collegiate Athletic Association v. Alston in 2021 ...

By: Leah Lively and Alexandra Shulman The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things, the rounding is conducted in a neutral manner and, if any favor is shown, it benefits the employee. For example, using rounding, if an associate clocked in any time from 7:53 a.m. to 8:07 a.m ...

The year 2023 was marked by the further strengthening of control over transactions involving the sale of Russian assets owned by “unfriendly” foreign entities, as well as over Russian strategic companies. As for antimonopoly regulation, after several years of discussions and revisions, the fifth antimonopoly package was adopted, and a number of precedent-setting cases were considered. Please see below for more details about the key developments and highlights of 2023. 1 ...

Before delving into the topic, let?s begin with a definition. Official marks are statutory instruments specific to Canadian practice. They are not trademarks per se, but are treated similarly, because they are adopted and used by a limited group of organizations including universities, Canadian public authorities and Her Majesty?s Forces.1 In this article, we will be focusing on Canadian public authorities ...

Strengthened collaboration between BVI and PRC: a precedent of enforcing a PRC arbitral award Background In Window of Trade, the Claimant applied to the BVI Court to enforce the Award in favour of the Claimant. The Award required the Second Defendant to return 100% of the equity in the First Defendant, a BVI company, to the Claimant and to assist the Claimant in restoring its name to the register of members of the First Defendant. The Second Defendant opposed the enforcement of the Award ...

Since 2010, the Danish toy giant Lego has had a registered design right in the EU to the toy brick, commonly referred to as «the Lego brick»: Photo reference: View More