The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC) ...
The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC) ...
The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC) ...
No fault divorce is due to come into effect in England and Wales on 6 April 2022. From this date couples will be able to get divorced without one person needing to blame the other. This change will also apply to civil partnership dissolution. The Divorce, Dissolution and Separation Act 2020 will be the biggest reform of divorce law in fifty years and means that you’ll no longer have to make allegations about your partner’s conduct to obtain a divorce ...
INTRODUCTION The new Framework Law on the Climate (Law 98/2021 of 31 December) was published on 31 December 2021. This new Law repeals Law 93/2001 of 20 August and establishes the guiding principles of climate policy and governance. It also introduces targets and provides for mechanisms to combat climate change, to decarbonise the economy and to achieve sustainable development ...
Intel Corp. v. Qualcomm Inc., Appeal Nos. 2020-1828, -1867 (Fed. Cir. Dec. 28, 2021) The Federal Circuit issued two precedential decisions this week—both arising from IPRs filed by Intel against patents owned by Qualcomm. In our Case of the Week, we focus on the first of those cases. In our Also This Week section below, we cover the second case ...
First of all, we are proud of Jan Magne Langseth and Christian Reusch who assisted Bank Norwegian in a principle matter before the Supreme Court of Norway between Ikano Bank et al versus Bank Norwegian. The case concerned the use of competitor’s brands in key word advertising on Google ...
Trees are ubiquitous. They are a natural part of our landscape and valued for the beauty they provide (not to mention the environmental benefits) as well as their lumber and economic value. Landowners often value their trees, but when a landowner needs to remove trees for development tensions can arise between the government’s interest in preserving and protecting the environment and the landowner’s inherent property rights ...
On Dec. 21, 2021, the Office of Inspector General (OIG) released a Health & Human Services (HHS) OIG Data Brief on genetic tests provided under Medicare Part B. The goal of the OIG in reviewing this data was “to analyze nationwide trends in genetic tests provided and payments made under Medicare Part B.”[1] As a result of this analysis, the OIG determined that there is a significant risk of overuse and misuse of genetic testing ...
December 22, 2021 By: John Epperson Commercial real estate (CRE) professionals are well aware that a Phase I Environmental Site Assessment (ESA) is required when acquiring commercial property ...
There are numerous reasons why your pension might be in England and Wales while you are not. Perhaps you lived and worked in England or Wales then moved abroad, or you live overseas and did a stint of employment here. Whatever the situation, the majority of English and Welsh pension administrators neither recognise nor implement pension orders made in foreign courts following divorce ...
A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not defeat the Federal Arbitration Act’s (FAA) deference to arbitration as the forum for determining whether a contract is valid and enforceable. In Jhun v. Imagine Castle, LLC, the Jhuns hired defendant Imagine Castle to perform remodeling work at their home ...
A pair of recent rulings involving the economic loss doctrine from North Carolina serve as a timely reminder to carefully consider the extent of contractual remedies in negotiation of construction agreements – lest a later breach of contract remedy prove insufficient, and further recovery barred by the economic loss doctrine ...
The case concerned the use of competitor’s brands in key word advertising on Google. Ikano Bank and two banks in the consumer loan market demanded that Bank Norwegian’s advertising on the Internet using the banks’ characteristics as paid keywords should be prohibited pursuant to the general clause of the Marketing Act. The principle character of the case was demonstrated by the support from Virke, The Federation of Norwegian Enterprise, in favor of the three claimants ...
We have been involved in several noteworthy trademark and unfair competition disputes throughout 2021. In particular, we prevailed before the Supreme Court in a highly cited unfair competition and trademark dispute between Bank Norwegian AS and the three competing banks Komplett Bank, Ikano Bank, and BRA-bank in the «Google Ads» matter ...
The court of appeal’s decision has been referred to by several law firms as an important clarification that such internal notes are indeed encompassed by privilege and not disclosable. We do of course agree that maintaining trust in the attorney-client privilege is important, but in this context, it was hardly a point that needed clarification ...
Following the publication of its guidance on environmental claims in September 2021, the Competition & Markets Authority (CMA) will start reviewing potentially misleading claims in January 2022. Enforcement action may follow if claims breach consumer law ...
With just seven days left until Christmas Day, there’s no denying we are well in the midst of the festive build up. But, for those holding out for a special ‘I Do’ surprise this year, Christmas might just come a bit earlier than expected. Predictions made previously by Bridebook [1] show that the weekend before Christmas is when most intending spouses do, in fact, pop the question ...
It may seem logical that personal injury damages awarded for someone’s on-going medical needs following a serious injury would be ring-fenced on a divorce. Unfortunately, this is not necessarily the case. The leading authority on this point is Wagstaff v Wagstaff from 1992 in which, when referencing an attempt to ring-fence damages on divorce, it was stated that “the capital is not sacrosanct nor any part of it secured against the application of the other spouse” ...
The U.S. Department of Justice (“DOJ”) recently signaled its intent to prioritize prosecuting individuals who commit corporate environmental crimes ...
Ahead of the 2021 holiday season, as children dream about the toys that Santa Claus will bring them, let?s take a look back at a landmark decision that reviews what is copyrightable under the Copyright Act ...
