In Stadler v Currys, the High Court awarded summary judgment against a claimant who alleged distress following an inadvertent data breach. Here, Philip Tansley and Kathryn Williamson consider the court's reasoning and the implications of the decision. Introduction The High Court has last week handed down yet another useful judgment for defendants facing claims for breach of UK GDPR, misuse of private information, breach of confidence and negligence as a result of a data breach ...
February 10, 2022 By: Tracy A. Warren, Kathryn B. Fox, and Michelle K. Meek On Thursday, February 9, 2022, the U.S. Senate passed a bill that would prohibit companies from compelling to arbitration cases where there are allegations of sexual assault or sexual harassment, even where an employee has signed an otherwise enforceable arbitration agreement. The bill, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, was previously passed by the U.S ...
2021 was a doozy for business litigators — and their clients — in Florida state court. In the span of about a year, the Florida Supreme Court introduced three sweeping changes to the Florida Rules of Civil Procedure: a fresh summary judgment standard, a new apex deponent rule and immediate review of early punitive damages decisions. While these changes touch all civil litigation, they've reverberated particularly powerfully throughout the Florida business litigation world ...
The past year has seen substantial activity by the federal courts in guarding against government overreach in False Claims Act cases. One of the principal areas courts have focused on is the FCA's knowledge requirement — i.e., FCA liability can only be imposed where a person violates the act knowingly. Two recent decisions, from the U.S. Court of Appeals for the Seventh Circuit and the U.S ...
The Federal Circuit issued numerous precedential opinions last week, two of which answered long simmering questions about inter partes reviews (IPRs). Below we discuss a case addressing whether admissions of prior art in the patent itself can be considered as prior art in an IPR. Our Case of the Week reversed Federal Circuit precedent concerning the scope of IPR Estoppel ...
Investing in India can be challenging in view of the myriad of laws at both the Central and State level, as well as cumbersome sector specific requirements. Many-a-times, foreign investors tie up with Indian promoters to overcome these hurdles. However, difficulties get amplified when they get embroiled in litigation / arbitration with Indian promoters over issues related to mismanagement, control, earn-out payments etc ...
The UK Government has put forward for approval by Parliament a new safeguard mechanism for international transfers, known as the International Data Transfer Agreement (IDTA), that will impact organisations transferring personal data out of the UK. If approved, the IDTA will apply from 21 March 2022, and we would encourage affected organisations to review their data transfer processes now ...
The Norwegian Data Protection Authority has notified Stortinget of an infringement fine of two million kroner and imposed an infringement fine of four million kroner on Østre Toten municipality. In both cases, the Authority emphasizes that it is a clear management responsibility to secure the business against such attacks, and that two-factor authentication, awareness-raising and an appropriate risk and vulnerability analysis are key measures ...
The Third District Court of Appeal recently reinforced the deference afforded to cities and counties in interpreting subjective design guidelines for residential development. (Old East Davis Neighborhood Association v. City of Davis (2021) WL 6426082 ...
What is Fintech? The term fintech refers to the technologising of the financial industry. Fintech has become ever more recognized in the past few years, especially amidst COVID-19 in which demand for cashless payments and quick transactions have increased. Fintech exists in our daily lives from online banking to blockchain and to cryptocurrencies ...
Article by Anne Coulon, Regional Legal Adviser, DFDL Thailand This article considers the various modes of dispute resolution used the most in Thailand, with particular reference to several key industry sectors of Thailand. Even where significant commercial interests are at stake, a dispute need not necessarily lead to an all-out confrontation. The opposing parties may attempt to settle their dispute through negotiation, and sometimes, mediation ...
Nature Simulation Systems Inc. v. Autodesk, Inc., Appeal No. 2020-2257 (Fed. Cir. Jan. 27, 2022) In its only precedential patent decision this week, the Court of Appeals for the Federal Circuit corrected what it considered to be an incorrect standard for claim indefiniteness applied by the U.S. District Court for the Northern District of California. In doing so, the Federal Circuit reversed the lower court’s holding that claims of Nature Simulation Systems, Inc ...
January 31, 2022 By: Tracy A. Warren and Yvonne A. Ricardo 2022 has many California employers suffering from PAGA fatigue. Too many times, plaintiffs’ attorneys use the Private Attorneys General Act of 2004 (“PAGA”) to drive up settlement demands, gaining large attorneys’ fees, over what are seemingly nuisance claims ...
As June 2022 approaches, many companies in Thailand are focusing on and racing towards the implementation of compliance mechanisms in advance of the adoption of the Personal Data Protection Act (“PDPA”), Thailand’s new and all-encompassing data protection legislation. This new law will significantly impact businesses that handle personal data. It sets out heavy fines and penalties which will be imposed upon organizations that mishandle clients’ personal data ...
Law No. 21,394, officially published on November 30, 2021, introduced a set of reforms to the justice system to promote efficiency in judicial processes and to limit the need for physical presence in courts. For that purpose, the Law reformed certain provisions of the Organic Code of Courts, the Code of Civil Procedure, and the Electronic Procedure Law, regarding the collection proceeding: Legal deadline to file an opposition to the collection complaint ...
The reforms introduced to the justice system by the publication of Law No. 21,394, dated November 30, 2021, has regulated transitory provisions on the procedure before courts with civil jurisdiction, Courts of Appeals and Supreme Court, for civil and commercial matters, with provisory effect, to facilitate the implementation of the permanent provisions of the Law ...
On November 30, 2021, Law No. 21,394 was published, introducing a set of reforms to the justice system to promote efficiency in judicial proceedings and to limit the need for physical presence in Courts. In addition, on December 13, 2021, the Supreme Court issued Act N°271-2021, enacting a decree (auto acordado) to regulate the remote appearance at pleadings and hearings before courts with civil jurisdiction, the Courts of Appeals and the Supreme Court ...
On November 30, 2021, Law No. 21,394 was published, introducing a set of reforms to the justice system to promote efficiency in judicial proceedings and to limit the need for physical presence in Courts. In addition, on December 13, 2021, the Supreme Court issued Act N°271-2021, enacting a decree (auto acordado) to regulate the remote appearance at pleadings and hearings before courts with civil jurisdiction, the Courts of Appeals and the Supreme Court ...
