This week, the Ministry of Justice announced details about a new forward-thinking approach in private law children cases. The pilot scheme is intended to improve the way local authorities, the police and the family court share information to improve the support provided to victims of domestic abuse. The scheme The new approach is being piloted by family courts in Wales and Dorset, in cases dealing with child arrangement, specific issues and prohibited steps orders ...
We consider the first post Lloyd v Google decision considering loss of control damages under the GDPR and Data Protection Act 2018 and its implications for the future of data and privacy litigation. It suddenly became much more difficult to bring collective privacy claims in England in November last year when Google succeeded in the Lloyd v Google litigation before the UK Supreme Court ...
Kochhar & Co. advised UK-based integrated manufacturing-services and power products company, Volex plc on its acquisition of majority stake in inYantra Technologies Pvt Ltd, an electronics design and manufacturing services company for USD 13 million (approx. INR 100 crore). The transaction entailed subscription to fresh equity issued by inYantra Technologies as also purchase of equity from the existing shareholders, by Volex plc through its Indian subsidiary ...
On February 10, 2022, the Ministry of Industry and Information Technology (“MIIT”) issued a second draft of the Measures for Administration of Data Security in the Field of Industry and Informatization (for Trial Implementation) (Draft for Comment) (the “Measures”), which makes revisions to the first draft in response to public comments received following its issuance on September 30, 2021. This second draft opened for public comments until February 21, 2022 ...
On December 23, 2021, the Office of Hearings and Appeals (OHA) of the federal government’s Small Business Administration (SBA) issued a decision in the size appeal of Odyssey Sys. Consulting Grp., SBA No. SIZ-6135 (Dec. 23, 2021), that contains a helpful discussion of the principle that an entity’s status as a small business at the time of “offer plus price” remains through the life of the contract, even if that entity subsequently becomes other than small ...
March 8, 2022 By: Jarrett S. Osborne-Revis and Robert S. McWhorter On March 7, 2022, the California Supreme Court issued its much-anticipated decision in Sheen v. Wells Fargo Bank, N.A., holding that a lender does not owe a borrower a tort duty of care in considering a loan-modification request.[1] Sheen, like many other loan-modification cases resulting from the 2008 recession, arose from a dispute between the plaintiff Kwang K ...
Last week the government issued the Economic Crime (Transparency and Enforcement) Bill. The bill looks set to become law later this month and it will have a significant impact on the process of overseas entities acquiring or disposing of land in the UK ...
DBN Holding, Inc. v. International Trade Commission, Appeal No. 2020-2342 (Fed. Cir. Mar. 1, 2022) The Federal Circuit issued only one precedential decision this week relating to a patent case. On this appeal—the fourth in the case—the issues were far removed from issues concerning patent law, and instead related to modifications of consent orders. Thus, we cover the case only in abbreviated form ...
In December, Florida’s Third District Court of Appeal reversed a judgment in favor of a landlord holding that a contractor’s lien could not attach to the real property being improvement by a tenant of the landlord. The reversal allowed the contractor’s lien enforcement claim to proceed. K.D. Construction of Florida, Inc. v. MDM Retail Ltd, arose from improvements made to a movie theater by a contractor ...
Since the beginning of the year, Florida’s courts have issued three decisions impacting contractors, which are summarized below. Does Failure to Obtain Local Licenses Render Contracts Unenforceable? A decision from Florida’s Fourth District Court of Appeal addressed the issue of whether a subcontractor that failed to obtain local licenses required by a county ordinance was allowed to litigate claims for work that required those licenses ...
Creating a family using surrogacy is a popular option for male same-sex couples. Surrogacy is when a woman carries and gives birth to a baby for a couple, or another person. Altruistic surrogacy is available in the UK and preliminary considerations are likely to include, which of the couple will be biologically linked to the child and what type of surrogacy will be used ...
Investors were awarded compensation under a bilateral investment treaty, but under EU law, payment of the award constitutes unlawful State aid. This Catch-22 situation is at the heart of a long-running case across jurisdictions. In the latest development, the European Commission has decided to refer the United Kingdom to the European Court of Justice in relation to a judgement of the UK’s Supreme Court to lift the stay of enforcement of an ICSID arbitration award against Romania ...
Dear valued clients, colleagues and friends,We are pleased to bring you the latest legal updates for February 2022.Tax & RevenueThe Income Tax (The Incentive for Manufacturers of Pharmaceutical Products Scheme) Rules 2022 have been gazetted on 17 February 2022 and have effect from year of assessment 2021 ...
[!<CDATA[ As costly class action retirement plan litigation under the Employee Retirement Income Security Act (ERISA) proliferates, mandatory individual arbitration has become an increasingly appealing alternative for certain benefit plans. However, the benefits of arbitration can only be realized if it is enforceable ...
This article examines whether the UK competition authority's decision means a change in the analysis of mergers in the digital economy. On 30 November 2021 the Competition and Markets Authority (CMA) concluded in its Report that its concerns can only be addressed by Facebook selling GIPHY in its entirety to an approved buyer ...
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 decision. Mr Justice Mostyn, sitting in the Family Court, has recently provided further guidance about determining whether a party to litigation has mental capacity to litigate ...
German fuel distributor Mabanaft and its related company Oiltanking Deutschland recently suffered a substantial cyber-attack causing significant disruption to their business operations. In response they declared force majeure on a number of their contracts ...
The word on the street is that everybody wants an ERP system, but no one wants to use it. Or rather, no one will use it the way it has been set up as a standard solution. People in general do not like changes. Therefore, the ERP system must first be adapted so that the organisation can work in the same way as it did before. Only then will the organisation be willing to use it. Present ERP systems are better and more mature compared to the ERP systems only a few years ago ...
The scope of the insured’s liability (and thus, the insurance companies’ auxiliary liability) is affected not only by national law, but also by EU legislation and case law regarding “use of a motor vehicle.” After a recent Supreme Court resolution, a contradiction between the two has emerged. Motor insurance is one of the most economically significant types of insurance policies ...
On 19 January 2022, the Scottish Government approved legislation that will require local authorities to set up licensing schemes for short-term lets, and require all short-term let properties to hold a suitable licence ...
