On March 12, 2020, the California Supreme Court decided Kim v. Reins International California, Inc. (Case No. S246911) (“Reins”) a case in which Plaintiff Justin Kim (“Kim”) settled his individual claims against his employer Reins International California, Inc. (“Reins”), then tried to continue his Private Attorneys General Act (“PAGA”) suit against Reins ...
On March 16, 2020, seven Bay Area counties, including San Francisco, Alameda, Contra Costa, San Mateo, Marin, Santa Clara, and Santa Cruz, issued nearly identical orders to Shelter-in-Place (the "Order"), to be effective as of 12:01 a.m. March 17, 2020. The issuance of the Order intended to ensure the maximum number of people self-isolate to slow the spread of COVID-19 ...
Overview and Outlook for Fintech in 2020 Technology continues to redefine our expectations in almost every area of our lives and shape the way we interact with the world ...
How do you protect the privacy of people who have been infected by Covid-19, while still usefully informing those who have been put at risk? At a time of public health emergency, shouldn't GDPR take a back seat? As companies struggle to get new processes in place to cope with the potential ramifications of Covid-19, the aim of this note is to highlight how EU data protection law applies to this unusual set of circumstances ...
The impact of the coronavirus raises a number of questions for landlords and tenants of commercial property. This article considers the most frequent questions we are asked. Can I claim a reduction in rent if I am unable to use my premises? In most cases you will not be able to claim a reduction in rent ...
On top of the multiple challenges hitting retail and leisure landlords and occupiers arising from COVID-19, the news that Intu has had to write down the value of its shopping centre portfolio by nearly £2 billion came as further bad news. Intu owns multiple high-profile retail and leisure locations across the UK (including The Trafford Centre in Manchester and the Lakeside complex in Essex) and on 12 March was widely reported as being at risk of insolvency ...
The coronavirus has arrived in Germany. This is the central statement of the press conference held by Chancellor Angela Merkel on March 12, 2020. Ongoing construction projects are therefore also affected by the corona crisis, with considerable construction delays to be expected. Contractual provisions are usually lacking Contracts are reflecting the parties’ experiences and expectations. They provide for conceivable or expected circumstances, aiming to create legal certainty ...
With the recent and rapid spread of COVID-19 in the United States, it is only a matter of time before government contractors experience contract-performance delays — whether ordered by the government or not — that inevitably will have a significant financial impact. Accordingly, federal contractors should prepare now for COVID-19-related contract delays and be prepared to establish that such delays are compensable as well as excusable. I ...
Plaintiffs’ counsel in pharmaceutical product liability cases continue to pursue depositions of company sales representatives and seek to elicit testimony supporting their common theme that pharmaceutical companies disregard the health and safety of their consumers in the dogged, single-minded pursuit of sales and profits ...
We regularly work with financial institutions to navigate the challenges of implementing, maintaining, and using security procedures for commercial customers’ use of treasury management services. Security procedures are an integral part of the relationship between the financial institution and its commercial customers ...
It is normal that an insurance contract does not cover all the different events that are part of the entire risk, since this would imply that the contract was becoming more expensive every day, in the face of the appearance of catastrophic risks or risks that due to different factors do existed before. In this sense, the delimitation of the scope of the insurance contract becomes an important situation to analyze ...
The ongoing global outbreak and spread of Novel Coronavirus 2019 (COVID-19), commonly known as coronavirus, is a dramatic event of global proportions, with far-reaching implications in a wide range of areas. The spread of coronavirus directly affects capital markets, global supply chains, worldwide transportation, large-scale events and conferences, and many other aspects of commerce and business, domestic and international ...
Construction is a highly competitive industry and the days when clients are willing to accept a trade-off among low price, fast project turnaround and high-quality workmanship are gone. The expectation to design and build projects within constrained budget and schedule limitations while providing uncompromised workmanship amplifies the importance of effective contractor quality control programs ...
On February 13th, 2020 was published in the Official Gazette the “Regulation of the Do Not Disturb or Antispam system”, with the purpose of regulating its existence and functionality. This Regulation seeks to clearly stablish consumer’s and supplier’s rights and duties, as well as the proceedings associated with the Do Not Disturb System, the website tool provided by the National Consumer Service (SERNAC) ...
On January 23, 2020, Law No. 21,202, which modifies various legal bodies in order to protect urban wetlands, entered into force with its publication in the Official Gazette. Object The Law seeks to protect urban wetlands declared by the Ministry of the Environment, either ex officio or at the request of the respective municipality ...
New anti-harassment law in time for new virus panic. The COVID-19 crisis that began in Wuhan, China, brings to mind earlier epidemics. In 2003, we were in the grip of the severe acute respiratory syndrome (Sars). It was the first pandemic in the era of the Internet, blogging and social media. Amid the panic about infections, one individual was widely labelled a “super spreader”. Her name and personal details were published ...
INTRODUCTION In one of his last speeches as Attorney General of the United States, Jeff Sessions proudly boasted: “We are sending a clear message to criminals across the country: we will find you. We will bring you to justice. And you will pay a very high price for what you have done.” This type of rhetoric is often reserved for serious criminal offenders ...
On February 26, 2020, the Supreme Court ruled in Intel Corp. Investment Policy Committee v. Sulyma, 589 U.S. ___ (2020) (Sulyma) that an ERISA1 plaintiff’s admitted receipt of disclosures about his retirement plan investments was insufficient to prove he had “actual knowledge” of the information therein — the effect of which would have been to trigger a shorter three-year statute of limitations period that would have barred his lawsuit altogether ...
When a debtor, natural or legal person, is constituted in serious circumstances of insolvency in the face of a plurality of creditors, the legislator has foreseen as a mechanism to solve said problem three alternatives of action, depending on the qualities of the insolvent person: the insolvency creditors, bankruptcy and suspension of payments ...
Originally published in DRI - For the Defense. By Hakim Bouadi, Stephanie U. Eaton, Matthew W. Georgitis, and Robert A. Plichta Bringing an engineer and an architect onto the legal team as soon as a building catastrophe happens has more than just legal benefits ...
A loud warning has been sounded to those inclined to follow practice rather than the strict letter of the law in divorce matters in Uganda. In Nagidde v Mwasa (Civil Appeal No, 168 of 2019), the trial judge granted a divorce without holding a hearing or receiving evidence from the parties, stating that the marriage had irretrievably broken down on account of irreconcilable differences ...
On February 13, 2020, in Frlekin v. Apple, Inc., No. S243805 (Cal. 2/13/2020), the California Supreme Court determined that Apple employees must be paid for time spent waiting for and undergoing exit bag searches. Although Apple does not require its employees to bring bags to work, the Court concluded that the search time amounts to time under which the employees are under Apple's "control," as that term is defined in the California Wage Orders ...
On February 19, 2020, The Supreme Court of Pennsylvania, Eastern district, issued its opinion in Roverano v. John Crane, Inc. and Brand Insulations, Inc. on two critical questions: 1. the applicability of the Pennsylvania Fair Share Act, 42 Pa.C.S. Section 7102, to strict liability asbestos cases pending in the Commonwealth’s courts; and 2. Inclusion of bankrupt entities on the verdict sheet for purposes of liability only ...
Today, artificial intelligence (AI) based on neural networks may come up with ideas that are not dependent on human input. This raises questions as to who shall be regarded as the inventor of an invention created solely by a machine. Could an AI system be considered the inventor behind a patented invention? The answer is no, concludes EPO – the European Patent Office - in two recent applications ...
The novel coronavirus (“COVID-19”) epidemic has spread across the country since December 2019. So far, 31 provinces, municipalities and autonomous regions have launched Class A major public health emergency responses ...