Introduction In the age of the Internet and technology, banking scams and fraud abound. Where such bank fraud is committed, it is often the case that the fraudster disappears and their identity remains unknown. How courts grant relief where the identity of the perpetrator of a bank fraud is unknown was addressed in two Malaysian court decisions in 2021: Zschimmer v Persons Unknown[2021] 7 MLJ 178 (Zschimmer); and Zschimmer v Persons Unknown (No 2)[2021] 3 CLJ 587 (Zschimmer No. 2) ...
Today, the Ninth Circuit upheld California’s new law (AB 51) barring arbitration provisions in employment contracts.The U.S. Chamber of Commerce and other organizations challenged the law in federal court. The district court enjoined the law, ruling that it conflicts with the Federal Arbitration Act. A divided Ninth Circuit panel reversed. Judge Lucero, a Tenth Circuit judge sitting by designation, wrote the majority opinion (joined by Judge Fletcher). Judge Ikuta dissented ...
Royal Court of Jersey (MacRae, Deputy Bailiff, and Jurats Crill and Dulake) The judgment concerned an application by a Trustee of two Jersey law trusts for the blessing of its decision to give effect to an agreement between beneficiaries regarding division of the trust assets. A key aspect of the agreement was the addition of the late settlor’s widow to the beneficial class of one of the trusts in order for her to receive benefit under it ...
The green light was recently given for two substantive changes in family law practice. First, on 15 February 2022, the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639) (Ordinance) and Rules will come into operation. Secondly, there is a new Guidance Noteon Case Management and Time Tabling in Children and Ancillary Relief Proceedings issued by the Judiciary under Practice Direction SL10.4 ...
Key Points Opponents of the proposed Oakland A's stadium at Howard Terminal argued that the Governor missed a deadline to certify the project for an expedited environmental review pursuant to Assembly Bill (AB) 734, a special purpose bill. AB 734 contained no explicit deadline for certification, but it incorporated guidelines from AB 900, as amended, which did include a certification deadline ...
In re: MaxPower Semiconductor, Inc., Appeal No. 2021-146 (Fed. Cir. Sept. 8, 2021) In its only precedential patent case this week, the Federal Circuit denied a mandamus petition relating to the PTAB’s institution of inter partes reviews of MaxPower’s patents. The case touches on, but does not completely resolve, whether the PTAB can institute inter partes reviews where the parties have agreed to arbitrate those disputes ...
In July 2021, new private law cases received by Cafcass (the Children and Family Court Advisory Support Service) fell by over 16%. According to the latest figures published by Cafcass this week, they received a total of 3,774 new private law cases in July 2021, 740 cases (16.4%) fewer than in July 2020. Private law cases generally consist of applications made to the family court by a parent or carer of a child following a divorce or separation ...
On September 3, the executive presented to Congress the anticipated draft of the "FinTech Law", the new regulation that proposes a legal framework applicable to FinTech companies in Chile (the "Bill"). Until now, FinTech companies in Chile have operated without their own or specially designed legal framework, which has generated a series of regulatory inconveniences that have impacted their business model and hindered the development of these technologies in Chile ...
On 7 July 2021 we hosted the second event in our webinar series on International Arbitration, Regional Perspectives and focused on arbitration in Asia ...
The use of drones in the world is increasing very rapidly and plays an important role in optimizing processes across a various range of industries: agriculture, delivery services, infrastructure, mapping, military and so on. These machines are very efficient, effective, and safe tools for quality, safety and savings ...
Exclusion and limitation clauses are central to any IT or technology contract. When a dispute arises exclusions and limitations of liability are invariably key to determining whether there is liability and the extent of it. When a dispute arises exclusions and limitations of liability are very often key to determining whether there is liability, and the extent of it ...
Belcher Pharmaceuticals, LLC v. Hospira, Inc., Appeal No. 2020-1799 (Fed. Cir. Sept. 1, 2021) In an appeal from the United States District Court for the District of Delaware, the Federal Circuit affirmed the district court’s finding that Belcher Pharmaceuticals, LLC (“Belcher”) engaged in inequitable conduct by withholding prior art from the Patent and Trademark Office (the “PTO”) during the prosecution of Belcher’s patent ...
Corporate/M&A Amendments to the Main Market Listing Requirements following Enhanced IPO Framework On 11 August 2021, Bursa Malaysia Securities Berhad (“Bursa Securities”) reviewed the Main Market Listing Requirements (“MMLR”) to ensure parity of regulation with the Securities Commission Malaysia’s (“SC”) introduction of an enhanced initial public offering (“IPO”) framework which took effect on 1 January 2021 ...
On August 31st, 2021, with 64 votes the Congress approved the Law regarding the Creation of the Bitcoin Trust (“FIDEBITCOIN”), by means of which a trust is constituted in the Development Bank of the Republic of El Salvador (“BANDESAL”), to benefit the users of the National Wallet, represented by the Republic of El Salvador, whose purpose will be to support the alternatives for bitcoin convertibility provided by the Salvadoran Government ...
[!<CDATA[ In one of its recent opinions, Kellogg Brown & Root Services, Inc. v. Sec’y of the Army, the Federal Circuit issued new guidance on what contractors must show to prove the reasonableness of costs incurred following an (alleged) government-caused delay. The U.S. Army (the “Army”) and Kellogg Brown & Root Services, Inc. (“KBR”) contracted for KBR to deliver thousands of trailers to Iraq by an agreed-upon deadline ...
[!<CDATA[ Multi-building condominium projects often raise unique legal issues as they do not squarely fall within the definitions used in state statutes. The Minnesota Supreme Court recently addressed the unique nature of multi-building condominium projects in Village Lofts at St. Anthony Falls Association v. Housing Partners III-Lofts ...
[!<CDATA[ This term the Supreme Court is set to resolve a circuit split over the extent of a federal district court’s power to order a person “who resides in or is found” in its district “to give testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal” pursuant to 28 U.S.C Section 1782(a) ...
[!<CDATA[ In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the district court’s analysis that accepted the insurer’s narrow interpretation of Wyoming’s insurance code ...
[!<CDATA[ Effective September 1, 2021: HB 1578 closes the loophole of the previous version of Chapter 38 of the Texas Civil Practice & Remedies Code so that parties will be able to recover attorneys’ fees from LLCs, LLPs, LPs, or other organizations in lawsuits for breach of contract. Generally, Texas law provides that each party to a lawsuit is responsible for her attorneys’ fees ...
MLC Intellectual Property, LLC v. Micron Technology, Inc., Appeal No. 2020-1413 (Fed. Cir. Aug. 26, 2021) For those interested in an important Section 112 written description case, we recommend reading the Juno Therapeutics decision below, one of many significant precedential opinions issued this week. We choose as our Case of the Week another important decision issued this week, on the issue of damages, discovery, and expert disclosures ...
On August 27, 2021, the Regulation of the Bitcoin Law (the “Regulation”) was published in the Official Gazette of El Salvador. The Regulations will enter into force on September 8, one day after the entry into force of the Bitcoin Law ...
During the COVID-19 pandemic, when hospitals have increasingly experienced a shortage of beds and medical staff to take care of patients, telepharmacy has emerged as one of the most effective ways to reduce the number of people visiting not only the hospitals themselves but also pharmacies and health clinics. Telepharmacy is the provision of pharmaceutical care to patients remotely by registered pharmacists and pharmacies using telecommunications ...
On August 11, 2021, the California Court of Appeals for the Second District extended the Pebley v. Santa Clara Organics (“Pebley”) Court’s analysis as applied to the admissibility of unpaid medical liens. Based on the Court’s reading of Howell v. Hamilton Meats[1] (“Howell”) and its progeny, the Court in Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al ...
