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In 2018, second-term Governor Roy Cooper issued climate-related Executive Orders, which was followed in 2019 by the state’s clean energy plan ...

The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to correct discrimination and harassment in the construction industry following a review of data that revealed the construction sector to be one of the most challenging areas in terms of discrimination and harassment cases ...

Dinsmore & Shohl LLP | February 2023

On February 21, 2023, the National Labor Relations Board (“NLRB”) overruled two Trump-era decisions, restoring earlier precedent concerning the legality of confidentiality and non-disparagement provisions in severance agreements ...

Afridi & Angell | February 2023

Introduction   Recent years have seen the UAE making regular updates to its laws in order to guarantee a legal regime that is forward-looking, and consistent with international standards and principles. The leaders of the UAE have been particularly cognizant of the need to have a robust criminal law regime to encourage legitimacy in business, and dissuade any unscrupulous activities that could reflect negatively on the UAE as a determined and fast-developing economy ...

Schwabe, Williamson & Wyatt | February 2023

Lite-Netics, LLC v. Nu Tsai Capital LLC, Appeal No. 2023-1146 (Fed. Cir. Feb. 17, 2023) In an appeal from the U.S. District Court for the District of Nebraska, the Federal Circuit addressed whether the district court properly granted a preliminary injunction restricting Lite-Netics, LLC’s patent-related speech ...

Shoosmiths LLP | February 2023

Hydrogen's potential to support the UK’s journey to net-zero depends in large part on how carbon-intensive the hydrogen we produce is. One of the challenges this presents is transparency. Much like electrons in a wire look the same (whether generated from coal or from wind), a hydrogen molecule looks the same whether produced by electrolysis powered by renewables or from carbon-intensive steam methane reforming ...

Shoosmiths LLP | February 2023

The number of knife offences is going down but are still higher than at the start of the pandemic. Will the new Sentencing Guidelines for sales of knives to those younger than 18 (which come into effect on 1 April 2023) reduce the number further? Certainly, that would appear to be the intention of the Guidelines which significantly increase the potential consequences for retailers who break the law ...

Shoosmiths LLP | February 2023

Hydrogen is often touted as the future of green industry, heating and fuels. It certainly has the capability to be just that, but there are many hurdles along the way to be overcome.   In truth, while there are many methods to produce hydrogen, only four could potentially reach carbon zero ...

Dinsmore & Shohl LLP | February 2023

The Massachusetts Superior Court recently punished litigants for failing to preserve emails and text messages even though litigation did not appear likely when those materials were lost or destroyed.  In JFF Cecilia LLC, et al. v. Weiner Ventures, LLC, et al., the trial and appellate courts clarified the rules applicable to spoliation and provided a reminder of the harsh consequences of losing or destroying evidence ...

Dinsmore & Shohl LLP | February 2023

In some ways, the 2023 proxy season might be met with a sigh of relief as some extraneous factors impacting United States capital markets—such as the COVID-19 pandemic and ongoing Russo-Ukrainian conflict—have stabilized in terms of their increased effect. In that same vein, some changes that may have once been viewed as “trends” in disclosure are very much here to stay ...

Buchalter | February 2023

February 16, 2023 By: Kathryn B. Fox and Charles Whitman Once again, California employers can require workers to sign arbitration agreements as a condition of employment. Following the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana and in a reversal of its own prior decision, a divided three-judge Ninth Circuit panel found that AB 51 is preempted by federal law.  Chamber of Commerce of the U.S., et al. v. Bonta, et al., No. 20-15291 (9th Cir. Feb. 15, 2023) ...

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2022 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In 2022, the government continued to utilize the False Claims Act as its primary tool to combat fraud. Though the government’s recoveries at $2 ...

ENS | February 2023

The exponentially rising hydrogen trend attracted not only hydrogen veterans to the World Hydrogen Congress in Rotterdam, but also the fossil fuel industry. Big oil giants, such as Shell and Total Energies, were major sponsors of the event and eagerly presented their new green ambitions on the showroom and the stage ...

Shoosmiths LLP | February 2023

Our support of the UK’s first official Hydrogen Week continues this week, bringing together stakeholders across the UK to celebrate and promote the role of hydrogen in reaching net zero (NZ). Michael Bennett, construction legal director at Shoosmiths, explores the topic of hydrogen and its current journey to achieving net zero. The number that has been front and centre of every environmental conference is 1.5C ...

Shoosmiths LLP | February 2023

The planning system has a key role to play in both facilitating and legislating for environmental, social and governance (ESG) principles.  In the final instalment of Shoosmiths’ planning video series, legal director Sam Grange and associate Eram Watson examine how the real estate industry and planning system is incorporating ESG ...

Shoosmiths LLP | February 2023

Why is green hydrogen important and what is its role in energy transition? The UK’s first official Hydrogen Week takes centre stage this week, bringing together stakeholders across the UK to celebrate and promote the role of hydrogen in reaching net zero (NZ) ...

Schwabe, Williamson & Wyatt | February 2023

CyWee Grp. Ltd. v. Google LLC, Appeal No. 20-1565 (Fed. Cir. Feb. 8, 2023) In its only precedential patent case this week, the Federal Circuit addressed last gasp efforts by CyWee to salvage its IPR losses to Google.  The arguments, residual Appointments Clause arguments following Supreme Court and Federal Circuit opinions in Arthrex, Inc. v. Smith & Nephew, were rejected by the Court, which affirmed. In June 2018, Google filed petitions for IPR.  The Board instituted the IPRs ...

Carey Olsen | February 2023

Introduction In recent times, the Court has been asked to hear cases where a General Partner ("GP") has failed to discharge its duties in relation to the affairs of an ELP. Without the co-operation of the GP, Limited Partners are often left bereft of information relating to assets of the ELP. They cannot properly realize their investments under the ELP and, even if they can, there is a spectre of doubt over whether the distributions represent their full entitlement in the assets of the ELP ...

Shoosmiths LLP | February 2023

The Supreme Court has this week (8 February 2023) handed down a judgment considering whether landlords have management discretion to vary service charge percentages in residential leases. S.27A(1) of the Landlord and Tenant Act 1985 (the Act) gives the First-tier Tribunal (FtT) the ability on application to make various decisions about service charges in residential dwellings, including whether it is payable or not ...

Buchalter | February 2023

February 9, 2023 By: Michael Flynn According to a Chicago federal district court, the Equal Credit Opportunity Act’s loan discrimination provisions to not extend to alleged discrimination against prospective applicants. Relying on the express language of the ECOA statute, this ruling rejected a decades-old Regulation B rule that stated that ECOA did apply to conduct toward prospective applicants ...

Shoosmiths LLP | February 2023

With the impact of climate change increasingly evident, it is no wonder that many consumers are endeavouring to make more environmentally conscious decisions in their day-to-day lives. Consumers’ focus to become more environmentally friendly often centralises around changes to their purchases of small, everyday goods such as food, toiletries and other household essentials ...

Schwabe, Williamson & Wyatt | February 2023

In re: Google LLC, Appeal No. 2023-101 (Fed. Cir. 2023) In the Federal Circuit’s only precedential patent opinion this week, the Court granted mandamus reversing yet another decision by Western District of Texas Judge Alan D. Albright refusing to transfer a patent case out of his court, which (like several of Judge Albright’s prior decisions) denied transfer to the U.S. District Court for the Northern District of California ...

Shoosmiths LLP | February 2023

In a recent Freedom of Information (FOI) release, HMRC announced that it has nine live corporate criminal offence investigations, with a further 26 live opportunities currently under review.  The investigations span 11 different business sectors, including software providers, labour provision, accountancy and legal services and transport. No charging decisions have yet been made ...

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