The U.S. Court of Appeals for the Second Circuit on March 13 issued a highly consequential decision in U.S. Securities andExchange Commission v. Rashid, interpreting and applying the mental state for liability of investment advisers under the Investment Advisers Act. Over a strong dissent, the court reversed a finding of liability of the defendant investment adviser under basic principles of negligence law, and in doing so, provided a road map for future enforcement actions under the act ...
Last week, a trial court in Buffalo ruled that a group of personal injury plaintiffs’ strict liability claims against a who’s-who of social media companies, arising out of the tragic 2022 Tops Friendly Markets mass shooting, could proceed to discovery, rejecting the argument that Section 230 of the Communications Decency Act barred such claims from the get-go. Patterson, Diona Et Al v. Meta Platforms, Et Al, 0805896/2023 (NYSCEF Doc No. 409) ...
Artificial intelligence (?AI?) is becoming increasingly sophisticated, and the fact that this human invention can now generate its own inventions opens the door to new ways of conceptualizing the notion of ?inventor? in patent law. In a recent ruling, the Supreme Court of the United Kingdom (?UK Supreme Court?) however found that an artificial intelligence system cannot be the author of an invention within the meaning of the applicable regulations under which patents are granted ...
In its traditional form, the advice of counsel defense can validate conduct that might otherwise be considered criminal. But invocation carries a steep cost: The defendant must waive his privilege with the lawyer who gave the advice in question. An additional prerequisite complicates utilization: The defendant must demonstrate good faith reliance on the advice he sought and received ...
March 25, 2024 By: Daniel C. Silva and Ross Garrett In March 2024, the Northern District of Alabama held that Congress exceeded its Constitutional authority by enacting the Corporate Transparency Act (“CTA”). The CTA requires variety corporate entities—everything from LLCs to trusts—to disclose beneficial ownership information to the U.S. Treasury Department ...
Moratorium on inspections of companies may be canceled from 01 January 2025 This is the initiative of the President of the Russian Federation, announced during his address to the Federal Assembly. If the moratorium is abolished, a ****risk-oriented approach**** is expected to be introduced: employers will be checked according to ****risk indicators****, and if there are no risks, inspectors will carry out ****preventive visits**** ...
The conference, hosted by the International Bar Association, which took place in Barcelona earlier this month, looked at insights into the most important issues and developments in tech Mergers and Acquisitions (M&A) and technology law. Corporate partners Aleks Bosch and Steve Barnett attended the conference, which is one of the largest and most prestigious networking events for international lawyers, attracting over 400 delegates ...
Shoosmiths has submitted a comprehensive response for the proposed Automated Vehicles Bill (AV Bill) to the House of Commons. It outlines crucial insights from the firm into the expanding connected and automated mobility sector, to support with new legislation ...
As has been widely reported, Companies House has recently suffered a disruptive attack by an individual who made over 800 incorrect filings stating that charges created by around 190 different companies had been discharged. These filings were made without the knowledge of the companies concerned or the lenders who held the charges ...
There are three main challenges to increasing competition in the availability of enroute charging stations, especially at motorway service area (MSA) sites, and the common theme is cost. The main challenges are: High costs for connecting to the electricity network, which acts as a key barrier to charge point operators (CPOs) investing at MSA sites. Limited competition at MSA sites, which is linked to the high costs for connecting to the electricity network ...
Significant increases to U.S. Citizenship and Immigration Services (“USCIS”) filing fees are set to go into effect on April 1, 2024. However, a lawsuit filed in U.S. District Court for the District of Colorado may delay that implementation ...
On January 1, 2024, regulations implementing the Corporate Transparency Act (“CTA”) became effective, triggering new reporting obligations for many entities conducting business within the United States ...
New Jersey Sen. Robert Menendez (D), his wife, Nadine, and two businessmen are scheduled to face trial on bribery charges on May 6. They’ll become the latest example where the dual intent, or mixed motive, concept turns the reasonable doubt standard on its head by essentially requiring defendants to prove their innocence ...
Shoosmiths’ mobility partner, Ben Gardner, was a speaker at SMMT Connected 2024, hosted in London. Ben moderated a panel discussion focused on the remaining challenges to a safe and responsible commercial rollout of automated vehicles. The summit was aimed at addressing the latest advancements in connected and automated vehicle technology. The UK’s automotive sector leads the charge in this transformative revolution, making substantial investments in cutting-edge technologies ...
Ahead of International Data Centre Day on 20 March 2024 we consider what we believe to be some of the most important trends that are likely to have an impact on the data centre industry over the next 12 months: 1 ...
“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business ...
Dear Ladies and Gentlemen, We would like to share with you an updated digest of the most significant laws and bills and regulatory innovations in the Technology, Media & Telecommunications sector for the period from June 2023 to February 2024, as well as trends in the future regulation of this industry. The TMT industry is currently experiencing significant regulatory pressure with changes constantly being made for both its service providers and the customers who use their products ...
We would like to inform you about important potential changes regarding the state accreditation rules for IT companies1 and the current moratorium on inspections of IT companies2. 1 ...
Governments around the world are thinking about encouraging data sharing on a larger scale by using regulation. In the EU we have the EU Data Act, which will take effect in 2025 so is fast coming around the corner. It’s a juggernaut, and once it hits things may never be quite the same again. So what effect will it have? A recent CJEU ruling illustrates some of the problems it is likely to cause ...
MEPs in Strasbourg have overwhelmingly (523 - 46) now approved the EU’s AI Act. It heralds the long-awaited arrival of what is the first globally significant attempt at a standalone regulatory framework for artificial intelligence systems ...
Recently, Dinsmore attorneys attended the Federal Trade Commission’s eighth annual PrivacyCon: a conference for regulators, researchers, industry representatives, consumer advocates and other stakeholders to gather and discuss trends in consumer privacy and data security. The Federal Trade Commission (FTC) is the federal independent agency charged with regulating and enforcing anticompetitive, deceptive and unfair business practices ...
The conference earlier this week, looked at the broad theme of how the next Government can use technology to “build a better Britain”, exploring the key policy priorities of the UK tech industries with a general election expected by the autumn. The sold-out event, which attracted over 200 attendees, coincided with the publication of TechUK’s UK Tech Plan, setting out seven tech priorities for the next Government ...
Introduction Following the issuance of Consultation Paper 3 of 2023 and the consultation process that followed, on 2 October 2023 the Abu Dhabi Global Market (ADGM) enacted the DLT Foundations Regulations 2023 (theRegulations), aimed at providing a regulatory framework for the creation and operation of specialised foundations for distributed ledger technology (DLT) and decentralised autonomous organisations (DAO) ...
