Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same. While the majority of these changes take effect at the fast approaching date of June 9, 2022, the Governor’s signing immediately implemented others ...
Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same. While the majority of these changes take effect at the fast approaching date of June 9, 2022, the Governor’s signing immediately implemented others ...
Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc., Appeal Nos. 2020-1640, -1641 (Fed. Cir. Apr. 29, 2022) Our case of the week has a little bit for everyone, including lost profits, reasonable royalties, enhanced damages, claim construction, and more. However, the primary issue was application of the experimental use exception to the on-sale bar. The experimental use exception, which traces to City of Elizabeth v. Am. Nicholson Pavement Co., 97 U.S ...
The Central Electricity Regulatory Commission (“CERC” or “Commission”) on May 9, 2022 notified the CERC (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2022 (“REC Regulations, 2022”)[1]. The reasons for framing of the REC Regulations, 2022 can be found in the Explanatory Memorandum to the draft of the REC Regulations, 2022 published by the Commission ...
ESG—environmental, social, and [corporate] governance—is the focus of socially responsible investing, reflecting the notion that corporations should serve the interests of not only their shareholders, but of all their stakeholders. This paper suggests NEPA’s EIS process provides a possible go-by for corporate decision-makers to use in ensuring that their ESG policies consider the big picture--the cons as well as the pros of their ESG policies ...
Economic sanctions (also called restrictive measures) are an instrument of influence of states or international organisations (EU, UN) on states and individuals whose activities violate international law and pose a threat to peace and security. Sanctioning states impose certain restrictions on sanctioned entities (e.g ...
A summary of the key takeaways from a recent webinar on reducing scope 3 investment-related emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’ ...
Kudun and Partners team headed to the Sirindhorn International Environmental Park in Cha-am, Phetchaburi province earlier to participate in a mangrove forest planting activity in honor of Earth Day, which is observed worldwide on April 22nd to raise environmental awareness and encourage environmental protection. According to the Earth Day Network, each year between 2015 and 2020, 10 million hectares of forest were cleared throughout the world ...
Niazi Licensing Corporation v. St. Jude Medical SC, Inc., Appeal No. 2021-1864 (Fed. Cir. Apr. 11, 2022) The Federal Circuit’s only precedential patent decision this week comes on appeal from a district court decision finding invalidity, granting summary judgment of no induced infringement, and imposing sanctions pursuant to Fed. R. Civ. P. 37 ...
Gov. Kate Brown on March 10, 2020 issued Executive Order 20-04, which directs state agencies to take actions to reduce and regulate greenhouse gas emissions in accordance with the Oregon Legislature’s goal of achieving greenhouse gas levels at least 75 percent below 1990 levels by 2050 ...
On March 28, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the resolution of three investigations and one matter before an Administrative Law Judge related to compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule ...
President Joe Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which allows an individual asserting sexual assault or sexual harassment claims to bring such claims to court, even if they had previously agreed to mandatory arbitration. Dinsmore employment attorney Aly St. Pierre wrote about what employers need to know about this new law for The Indiana Lawyer. An excerpt is below ...
The demise of Kids Company and its aftermath has unfortunately overshadowed the pioneering work that charity did for nearly twenty years with some of the most damaged children and young people in our society. In the words of its founder “making a commitment to help maltreated children heal through unrelenting love by being resolute and kind, and over the years understanding how to help children acquire mastery over their traumas ...
Our Shoospeak HR podcast welcomes special guest Pavan Sumal who explains the options open to Ukrainians looking to flee the current conflict. Shoosmiths colleagues Andy Graham and Amy Leech are joined by special guest Pavan Sumal (Associate within Shoosmiths’ Immigration Team) to discuss visa options and other immigration support available for Ukrainians fleeing the current conflict ...
On April 7, 2022, Finance Minister Chrystia Freeland tabled the federal government?s new budget for 2022. This budget includes several tax measures relevant to the mining industry in Canada. The Canadian federal government intends to provide $3.8 billion over eight years to implement Canada?s first critical minerals strategy ...
Recently, in Beal v. Outfield Brew House, LLC, 2022 U.S. App. LEXIS 7748 (8th Cir. Mar. 24, 2022) the 8th Circuit Court of Appeals upheld two district court decisions, each of which found that the marketing software called “Txt Live” used by the defendants to send promotional text messages to phone numbers randomly selected from a customer database is not an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) ...
For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to support that reservation. But many of these Winters rights, like those held by the Navajo Nation, remain unadjudicated and unquantified, creating uncertainty for junior right holders ...
Littelfuse, Inc. v. Mersen USA EP Corp., Appeal No. 2021-2013 (Fed. Cir. Apr. 4, 2022) Our Case of the Week focuses on the issue of claim construction, and, more specifically, the doctrine of claim differentiation. The patent at issue was directed to a “fuse end cap for providing an electrical connection between a fuse and an electrical conductor ...
On March 30, 2022, the Ninth Circuit Court of Appeals issued a decision in Oertwich v. Traditional Village Of Togiak, No. 19-36029 (9th Cir.) that has potential implications for tribal sovereign immunity, including recognizing that tribal sovereign immunity extends to tortious conduct occurring on non-tribal lands. Ronald Oertwich (“Oertwich”) was a non-tribal member living in the City of Togiak, Alaska (the “City”) ...
HM Treasury has recently published the outcome of its UK Prospectus Regime Review. The Review Outcome sets out important reforms to the UK prospectus regime for the public issuance of securities and admission to trading on capital markets, outlining the policy approach the UK Government will take following last year's Prospectus Regime Review consultation. This briefing note sets out the key measures confirmed by the UK Government in the Review Outcome ...
