On January 23, 2023, after hearing an extensive oral argument, the Supreme Court dismissedIn re Grand Jury, 23 F.4th1088 (9th Cir. 2021),cert granted, 143 S. Ct. 80 (2022), a highly anticipated case about how the attorney-client privilege applies to “multipurpose” communications ...
Personalized Media Communications, LLC v. Apple, Inc., Appeal No. 2021-2275 (Fed. Cir. Jan. 20, 2023) Our Case of the Week focuses on the doctrine of prosecution laches. Following a bench trial on the issue held shortly after the Federal Circuit’s decision in Hyatt v. Hirshfeld, 998 F.3d 1347 (Fed. Cir. 2021), the district court found Personalized Media Communications’ patent unenforceable under the doctrine ...
Introduction On 22 December 2022, the Malta Financial Services Authority (‘MFSA’ or ‘the Authority’) issued a stakeholder consultation on the proposed establishment of a new framework for Notified Professional Investor Funds (‘NPIFs’). The NPIF framework proposal seeks to introduce a new fund structure, complementing the existing fund frameworks in Malta ...
Lawyers and clients, take note: on January 9, 2023, the Supreme Court heard oral argument on probably one of the most consequential cases on the scope of the attorney-client privilege in decades.In re Grand Jury, 23 F.4th1088 (9th Cir. 2021),cert granted, 143 S. Ct. 80 (2022), a tax case, addresses the application of the attorney-client privilege to “multipurpose” communications involving legal and non-legal topics ...
Introduction A convertible loan is considered a hybrid instrument as it is neither debt nor equity. Whether it is accounted for as debt or equity depends on the terms of the loan. Convertible loans typically carry interest and have a fixed maturity date, but other varieties also exist. Conversion is triggered by the lender, the borrower or automatically upon the occurrence of a trigger event. The conversion price is pre-agreed and can be fixed or subject to a pre-agreed pricing mechanism ...
On 2 January 2023, three pieces of federal legislation came into effect which, if implemented as envisaged, will arguably make the most significant changes to litigation in the on-shore Dubai Courts since the UAE was established ...
Following the Court of Justice of the European Union (the "CJEU") ruling which invalidated the "public access" feature of the Luxembourg Register of Beneficial Owners (the "RBE"), the Ministry of Justice required Luxembourg Business Registers (the "LBR") to immediately suspend all public access to the RBE pending the introduction of access rights more in line with the conclusions of the CJEU’s ruling ...
On 16 January 2023, the Financial Market Commission ("CMF") published in its web site and invited to submit comments to a regulatory proposal involving the issuance of two rules: (i) the general rule that will regulate the requirements and procedures for registration in the Registry of Financial Services Providers (the "RPSF") and (ii) the general rule that will regulate the authorization to provide investment advisory services by persons registered in the RPSF (the "Proposed Rule") ...
On January 10, the United States District Court for the District of Columbia issued a long-awaited opinion which will allow the U.S. Department of Health and Human Services (HHS) to determine the means by which it will repay inappropriate cuts it levied against 340B participating hospitals’ Medicare reimbursement.[i] The District Court’s decision comes on the heels of the United States Supreme Court’s unanimous decision in American Hospital Association v. Becerra, 142 S. Ct ...
HUD-insured debt may be a narrow field within the broader realm of commercial real estate finance, but it never ceases to amaze me the variety of issues that I encounter within the relatively small HUD sandbox. Dinsmore’s work as lender’s counsel on a recent multifamily 223(f) loan had me grappling with issues related to sovereign immunity, a legal concept that had barely entered my consciousness since graduating from law school ...
as published in West Virginia Banker magazine, Winter 2022 In October 2022, the United States Court of Appeals for the Fifth Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) independent funding structure violates the U.S. Constitution’s Appropriations clause and the principle of separation of powers. The Dodd-Frank Act, passed in the wake of the 2008 financial crisis, provided that the CFPB would not be funded through Congressional appropriations ...
Governments and authorities worldwide are placing increased emphasis on stricter financial controls tackling money laundering, terrorist financing and proliferation of weapons trafficking. As a leading global financial hub, the Cayman Islands is at the forefront of this arduous challenge. An example of its success is the introduction of a rigorous beneficial ownership regime (BOR) ...
On January 19, 2023, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here. The deadline for comments on the proposed rule is March 20, 2023. Comments can be submitted online at Regulations.gov or in writing to Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex C), Washington, DC 20580 ...
A recent California decision provides clarity on a lender’s ability to charge late fees for missed loan payments, which should be of interest to all lenders operating in California. In Honchariw v. FJM Private Mortgage Fund, LLC, et al.,[1] the California First District Court of Appeals held that late payment fees assessed against the entire unpaid principal balance of a loan constitutes unlawful penalties under California Civil Code Section 1671 ...
On January 16, 2023, the Commission for the Financial Market (“CMF”) announced the beginning of the implementation of Law No. 21,521, known as the “Fintech Law”, which will come into force on February 3, 2023. The entry into force of the Fintech Law is an extremely relevant milestone for the financial industry since, among other things, it establishes a regulatory framework for services based on Fintech technologies that were not regulated by our legislation ...
Hot on the heels of the Subsidy Control Act 2022 fully entering into force on 4 January 2023, the three streamlined routes under which UK public authorities will be able to give subsidies without having to assess each one against the subsidy control principles have recently been laid before Parliament: Subsidy Control Act 2022: Streamlined Routes - GOV.UK (www.gov.uk) The routes cover (i) research development and innovation (ii) energy usage and (iii) local growth ...
In the second part in this series, we take a look at the possible changes that could be made to improve the Working Time Regulations 1998 (WTR) and the Agency Worker Regulations 2010. Working Time Regulations - 48-hour week The WTR derive from the EU Council’s Directive on working time (1993) and the Council Directive on the protection of young people (1994) ...
Cyber criminals, the twenty-first century equivalent to the highwaymen of yesteryear, don’t offer charities the stark alternative of “their money or their life”, but instead their money or their data, the lifeblood of many charities. Ransomware attacks present a critical risk of their services grinding to a halt for weeks if not months – even if data is restored - as well as swingeing fines for personal data breaches in multiple jurisdictions ...
It has been some time since there has been talk about bonfires in Parliament but the continued debate (albeit largely outside of the Chamber thus far) as to when we should finally say 'farewell' to 'retained' EU legislation is one that many of us are watching with interest. When originally introduced, the suggestion that some 4,000 pieces of legislation would essentially evaporate by the end of this year caused something veering between confusion, concern and, let's be honest, disbelief ...
Goldman Sachs can’t make profits in the FinTech sector, as reported recently in the Financial Times newspaper. Competition must be tough. Where is competition coming from? A source, still arguably on the edges, is BigTech, who are using FinTech essentials (digital technology and big data) to become a player in the financial services market ...
The Charity Commission has today (17 January) begun a public consultation on proposed new guidance for charities’ use of social media. It encourages charities to adopt a social media policy which is right for them. Social media presents charities with great opportunities to campaign and comment, to communicate the value they create and to fundraise. But these channels also present serious risks for charities ...
On 30 December 2022, the Central Bank of Myanmar issued letter No. FE-1/2861(Ka) concerning the Foreign Exchange Supervisory Committee Meeting Resolution No. (78/2022). The most pressing issue faced by foreign companies in Myanmar was resolved by the decisions made in paragraphs 1(d) of the meeting resolution no. 78/2022 ...
It is with great pleasure that we announce the promotion of Thitawan Thanasombatpaisarn and Kongwat Akaramanee to partners of Kudun and Partners. Thitawan, our new capital markets partner, and Kongwat, our new dispute resolution partner, have been valued members of our team for many years, and has consistently demonstrated exceptional legal acumen and a deep commitment to our clients ...
