Whether remote hearings are desirable for civil proofs is controversial, but this account of a substantial proof in the Commercial Court suggests it was a positive experience The purpose of this article is to report on a recent proof before answer hearing that was conducted fully remotely, and to set out some tentative thoughts on the future of remote hearings based on that experience. This is not intended to suggest that what was done should be followed in all hearings ...
BOT M8 LLC v. Sony Corporation, Appeal No. 2020-2218 (Fed. Cir. July 13, 2021) In this week’s Case of the Week, the Federal Circuit addressed the stringency of pleading requirements alleging patent infringement. At issue in the case was Bot M8 LLC’s lawsuit against Sony Corporation of America, alleging infringement of six patents relating to gaming machines ...
On 10 June 2021, the Data Security Law (DSL), which will become effective as of 1 September 2021, was adopted in China. The enactment of the DSL marks the introduction of China’s first fundamental law in the field of data security, which, together with the Cybersecurity Law and the upcoming Personal Information Protection Law, will lay a legal foundation for safeguarding national data security, promoting data utilisation and mitigating the risks of data processing activities ...
On 10 July 2021, the Office of the Central Cyberspace Affairs Commission and the Office of Cybersecurity Review under the Cyberspace Administration of China (“CAC”) promulgated the Measures for Cybersecurity Review (the “Review Measures”) (Revised Draft for Comments) (the “Draft”) ...
Did you know? The Chinese National Intellectual Property Administration (CNIPA) recently revised the Examination Guidelines for software patents including artificial intelligence (AI), big data and blockchain. Why does this matter to you? These new Examination Guidelines provide much needed clarity as to the boundaries of patentable subject matter in China ...
We would like to inform you of several draft laws in the TMT area, that were adopted by the Russian Parliament, and finally signed by the President. We have prepared a short description for you below ...
The High Court has considered emergency response measures affecting the aviation sector. In two recent cases, aircraft lessors tried to enforce their lessees’ payment obligations, but were met with arguments that the leases had been frustrated. A contract is frustrated when an event arises after its formation and renders performance impossible, illegal or radically different from that which the parties had contemplated ...
Our recent interview in The Lawyer sets out why the future of lawyering is all about tech and EQ. Its our recipe to thrive. We’ve been thinking about emotional intelligence, or EQ, a lot recently. After all, lawyering is a people business. It requires not only a high IQ—that’s a given—but also a highly-developed EQ ...
A lot has been written about the Scottish case where William Grant sued the budget supermarket chain Lidl for trade mark infringement. The issue Lidl is selling a gin that one imagines was intended to look rather a lot like the well-established Hendricks gin. This Lidl gin is called Hampstead, although the similarity between the two products relates as much to get-up as to the (surely not coincidental) choice by Lidl of a nine-letter name that starts with the letter H ...
In re: Samsung Electronics Co., Ltd., et al., Appeal Nos. 2021-139, -140 (Fed. Cir. June 30, 2021) In this week’s Case of the Week, the Federal Circuit granted mandamus petitions filed by Samsung and LG Electronics, directing that patent cases pending against them in the Western District of Texas be transferred to the Northern District of California ...
Dinsmore's Chris Cashen, Anne Guillory, Chris Jackson, and Kyle Bunnell were published in dri Strictly Speaking, Vol. 18 Issue 1. Their article, "States’ COVID-19 Immunity Statutes and Product Liability Claims Related to COVID-19," examines states’ COVID-19 immunity statutes for product designers, manufacturers, and distributors concerning COVID-19-related lawsuits. An excerpt is below ...
Lawyers prosecuting COVID-19 claims should keep the law’s potential speedbumps in mind as they drive their cases. This article briefly describes what both sides of the bar should consider—and look for moving forward—when navigating COVID-19 cases in Florida. Florida recently codified significant protections for individuals, businesses and other organizations facing COVID-19-related lawsuits ...
In many aspects, the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”) has posed considerable challenges to organizations. One of the biggest concerns and the most frequently asked questions center around the concept of data protection officer (“DPO”). Though the obligations regarding the appointment of a DPO apply to both data controllers and data processors, it is important to note that not every organization needs a DPO ...
At the end of November 2020, the European Commission published a plan for getting the EU out of the mess that it’s in as a result of COVID-19. The report is entitled “.” Although the report is aimed at European authorities and businesses, there are aspects of the plan that have general application ...
The cap may no longer fit - In a welcome and well-reasoned decision from the Supreme Court in the case of Manchester Building Society -v- Grant Thornton, the scope of duty and extent of liability of professional advisers has been comprehensively reviewed and clarity provided. The Manchester Building Society (“MBS”) claim related to a claim against Grant Thornton (“GT”) regarding auditing and accounting advice it provided ...
A child arrangements order is a court order which states where a child will live, how they will be cared for and how they will spend their time with one or both of their parents. A question which often goes unasked, however, is how long will the order last? The contact arrangements set out within a child arrangements order, i.e ...
A recent fine of €525,000 by the Autoriteit Persoonsgegevens (AP), the Dutch Data Protection Authority, has focused attention on one of the least discussed provisions of the GDPR – Article 27. This provision requires those who are subject to the GDPR but who do not have a base in the EU to appoint an EU representative to act as a point of contact for supervisory authorities such as the AP and individuals (data subjects) within the EU ...
From caterpillar cakes and “anti-establishment” IPA beer to gin, the issue of “copycat” own brands has been thrown into the spotlight by a series of recent court actions involving some of the country’s best-known food and drink producers and discount supermarket chains ...
The Consumer Protection Act 1987 (the CPA) was enacted almost 35 years ago in order to implement EU law. The act introduced the concept of “strict liability” into the arena of product supply to certain users. This means that consumers who are injured by defective products can sue manufacturers without having to prove negligence. This practical guide provides an overview of the CPA for consumers and manufacturers, with reference to recent key cases ...
A party making a claim bears the burden of proof, meaning that it is responsible for proving its claim. In civil disputes (as opposed to criminal matters) a claim generally must be proven ‘on the balance of probabilities’ if it is to be successful. How is this achieved? The answer is that the claimant must present sufficient evidence to persuade the decision maker that its case is more probable than not ...
The popularity of wild camping following the easing of the first lockdown caused a number of problems for landowners and managers concerned about the impact on the countryside. Now, as we head into a summer of staycations, landowners may wish to familiarise themselves with the public’s right of responsible access afforded by the Land Reform (Scotland) Act 2003 ...
The Supreme Court, in Minerva Surgical, Inc., v. Hologic, Inc., et al., Case No. 20-440, recently upheld the doctrine of assignor estoppel, but severely limited its reach. The Court limited assignor estoppel to not apply in the cases of a “common employment arrangement” with an employer and employee, when there is a change in law, and when the issued patent has “materially broader” claims than the assigned invention ...
Thailand’s Personal Data Protection Act B.E.2562 (“PDPA”) governs the cross-border transfer of personal data. The PDPA sets out a condition, among other things, that personal data may be transferred to another country or to an international organization (the “Recipient”) provided that they have in place an adequate level of personal data protection according to the adequacy decision as decided on by the Personal Data Protection Committee ...
Over the past ten or so years, imaginative plaintiffs have pressed “climate change cases” in federal and state courts across the United States. In these cases, plaintiffs (most commonly states, municipalities, or environmentalists) sue defendants (often energy companies, states, or municipalities themselves) seeking damages related to climate change. While these cases have proliferated across the country, Florida saw very few in the early going ...
The question whether exclusive jurisdiction of an Arbitration proceeding can be vested on the basis of the Seat of Arbitration irrespective of any cause of action having arisen at the place of the said seat has been debated now for some time before various Courts ...
