By imposing the obligations, the regulation aims to end unfair practices and conduct which is harmful to competition and end users by the companies acting as gatekeepers in the online platform economy. Under the DMA, a firm will be considered as a designated gatekeeper if three criteria are met. First, the company must have a significant impact on the European market which is determined by the company’s turnover ...
It would be a surprise to many, but it has been common knowledge to criminal practitioners for years, that a criminal defendant’s sentence for a crime which they have been convicted can be increased based on consideration of conduct that the jury acquitted ...
Brian O'Shaughnessy is an intellectual property partner at Dinsmore and board chair of the Bayh-Dole Coalition. He wrote this article for InsideSources.com. The American inventor is under attack, and it’s coming from our government ...
As countries and companies around the world set goals for renewable energy targets, there is constant uncertainty as to the best path for reaching these goals. While wind and solar development are often top of mind, nuclear generation recently has entered the discussion to achieve a carbon-free energy future. The linked articles discuss renewable energy goals and opinions regarding nuclear energy's role in such a transition ...
On 28 April 2023, a new law was adopted on additional restrictions on devices for the consumption of nicotine-containing products (the “Law” and “Devices”, respectively). The Law introduces special new aspects on the retail, advertising and manufacturing of Devices as well as further restrictions on turnover of nicotine-containing products ...
On May 7th, 2023, it was held the election of the members of the Constitutional Council, the body in charge of preparing the Proposal for a New Constitution based on a preliminary draft that is currently being prepared by the Expert Commission. According to the election results, the Constitutional Council will be composed of 51 members, politically distributed as follows: 23 elected members representing the Partido Republicano (right-wing political party) ...
The SEC Division of Examinations (“Examinations”) issued a Risk Alert on April 26, 2023 to highlight the importance of establishing written policies and procedures for safeguarding customer records and information at branch offices. Examinations provides that a branch office includes any location other than a firm’s main office, including offices of any independent contractors through which a firm may offer investment products and services ...
Prejudgment interest may not come to mind when drafting a settlement agreement. But it can become a crucial issue if one settling party later sues another for misrepresentation related to the agreement and the parties disagree over which state’s prejudgment interest rules apply. States vary widely in the amount of prejudgment interest available. In some cases—as in Conway v. Planet Fitness Holdings, LLC, 101 Mass. App. Ct ...
On March 11, 2023, the West Virginia State Legislature enacted the Student Journalist Press Freedom Protection Act (the “Act”), Senate Bill 121. The Act requires “public high schools, colleges, and universities [to] allow for the free expression of student journalists in school sponsored media ...
Rodney Keister was challenging the University of Alabama’s grounds use policy, which requires individuals to obtain a permit before speaking publicly on campus. In his arguments, Keister asserted that the space he was using to preach and distribute religious literature is a “traditional public forum” protected by the First Amendment ...
We are pleased to announce that Emi Rowse (Igusa), partner and head of Japan Practice at Kudun and Partners, has been officially enlisted in the Thailand Arbitration Center (THAC) Panel of Arbitrators! THAC has granted Emi the THAC Empanelment Certificate, recognizing her extensive experience and expertise in the field of arbitration. At Kudun and Partners, we are committed to providing our clients with the highest quality legal services, including effective and efficient dispute resolution ...
Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co.[1] that government contractors are not subject to constitutional limitations merely because they follow federal requirements for contracting. The Sixth Circuit—covering Michigan, Ohio, Kentucky, and Tennessee—rejected a claim by former employees of the J.M ...
On April 20th, 2023, President Gabriel Boric announced the guidelines of the National Lithium Strategy, through which the Government seeks to promote the lithium exploitation by the Chilean State (by means of State-owned companies or in association with private entities), to generate value-added lithium products and investment in technology and research ...
“Electrification” has become a ubiquitous term these days, although depending on who you ask, it might have different meanings. However defined, a critical component of electrification as a policy choice to reduce reliance on fossil fuels is the need to fully evaluate both its practicality and the transparency of its cost impacts, particularly as that relates to lower income and middle class families, as well as small business ...
The month of March 2023 has brought with it a new legislative Act to amend the Financial Markets Act (Chapter 345 of the Laws of Malta) and to provide for other matters ancillary or consequential thereto in the form of Act No. IX of 2023. This Act was passed by the House of Representatives on the 8th of March and assented to by the President on the 14th of March ...
With the COVID-19 Public Health Emergency (PHE) set to end on May 11, 2023, federal agencies have published FAQs explaining how the end of the PHE will affect previously extended deadlines relating to COBRA, HIPAA special enrollment, and claims and appeals under group health plans. This article provides (i) a recap of the deadlines, (ii) rules of thumb for determining the deadlines, and (iii) tables more specifically addressing some of the most common deadlines that arise ...
What is the Retained EU Law (Revocation and Reform) Bill? Many UK consumer laws originate from European law. Following the UK’s departure from the EU, the government wanted to provide legal continuity and certainty and to allow consumers to retain the benefit of such EU derived laws. This was achieved through Retained EU law, a form of domestic law, that was created to preserve the law of the UK following Brexit ...
“I’ve been involved in ESG and sustainability for over 20 years and in the last few years the focus has increased significantly,” says Rich Hall, Head of Sustainability at leading accountancy and professional services firm RSM, on the shift in perception of ESG-related risk within corporate organisations. “Even before the pandemic, we were beginning to see more commentary on ESG issues, mainly centred around the environmental side ...
Shoosmiths has launched ESG 360, a free online compliance audit tool to enable organisations to understand their Environmental, Social and Governance (ESG) performance. ESG 360 users receive a personalised report providing red, amber or green ratings in relation to various elements of ESG compliance performance, alongside commentary and suggestions for improvement. Built around an online questionnaire, ESG 360 allows users to assess their general ESG performance or focus on specific aspects ...
On March 28, the Minister of Labour introduced Bill 19, an Act respecting the regulation of work by children (the ?Bill?), which establishes in particular a minimum working age of 14 and a maximum number of hours of work for children subject to compulsory school attendance. This Bill is presented in the wake of massive and noticeable entry of young workers into the market in the context of shortage of unskilled workers exacerbated by the COVID-19 pandemic ...
In early March, Georgia's Access to Medical Cannabis Commission finally adopted rules governing the state's low-THC oil industry. As businesses navigate this new landscape, legal questions will inevitably pop up. And lawyers, being trained to answer them, will want to address their clients' questions. But a ruling from the Georgia Supreme Court means that Georgia lawyers generally cannot ethically advise participants in this new program ...
