Key Points A California Court of Appeal held that the State Water Board lacks authority under Water Code, § 1052(a) to curtail valid pre-1914 appropriative water rights holders from diverting water This decision tracks precedent concerning the Board’s very limited power to regulate pre-1914 water rights But the State Water Board might still regulate pre-1914 water rights under other authorities, including drought emergency regulations On September 12th, the Sixth District Co
On September 14, 2022, the Cyberspace Administration of China (the "CAC") released an exposure draft of the Decision on Amending the Cybersecurity Law of the People's Republic of China (Draft for Comment) (the "Draft") ...
The changes in the cannabis industry in Southeastern United States represent some of the most surprising and remarkable changes in the history of the industry. The South is well positioned to be a leader in the cannabis industry, and in some ways, it should be expected. The region has been instrumental in highly regulated industries, such as alcohol and tobacco, and the only federally sanctioned cannabis grow program has operated at the University of Mississippi since the 1960s ...
On September 9, 2022, the U.S. Small Business Administration (SBA) issued a notice of proposed rulemaking regarding “Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program ...
On 19 August 2022, the Government adopted Resolution No. 921 "On Amending Resolutions of the Cabinet of Ministers of Ukraine No. 220 of 3 March 2004 and No. 1438 of 29 December 2021."According to the approved amendments, section "Other rights and obligations" of the Model Land Lease Agreement is defined in accordance with the Law of Ukraine "On Land Lease" ...
On February 24, a lot changed in Ukraine, and the judicial system was no exception. What new has the full-scale invasion of the Russian Federation brought to the resolution of legal disputes and what does the judiciary look like under martial law - we will consider further. The first months after the invasion Immediately after the Russian invasion, the courts took some time to recover from the shock ...
Arendi S.A.R.L. v. LG Electronics Inc., Appeal No. 2021-1967 (Fed. Cir. Sept. 7, 2022) In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed the District of Delaware’s application of the duplicative litigation doctrine. Arendi sued LG for patent infringement, claiming that hundreds of LG products, including LG’s Rebel 4 camera, infringed Arendi’s patent ...
Registrations for the Mamo TCV Advocates Sustainable Finance Week being held between the 24th and 28th October 2022 are now open. Please click here for the programme of events ...
By: Jack Darrington, Keven Rowe, and Landon Hardcastle Under a new Utah law, most providers of commercial financing or factors which are located in Utah or who lend to a Utah resident are required to register as a commercial financing provider with the Utah Department of Financial Institutions. Additionally, certain disclosures are required before engaging in most transactions. To some extent, the law mirrors Truth in Lending type acts passed in New York and California ...
As a matter of important update that may impact potential and scheduled transactions in Russia, please be advised that on 8th of September 2022 the President of the Russian Federation has signed Decree No. 618 “On Special Procedure for Consummation (Execution) of Certain Types of Transactions (Operations) between Certain Persons” (“Decree No. 618”). Decree No ...
The Fourth Circuit Court of Appeals (covering Virginia, West Virginia, North Carolina, South Carolina, and Maryland) held that gender dysphoria, a condition experienced by some transgender individuals, is a protected disability under the Americans with Disabilities Act. See Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022) ...
Next week, the full Fourth Circuit will hear oral argument in US ex rel. Sheldon v. Allergan Sales, LLC to determine whether a defendant’s “objectively reasonable interpretation” of an ambiguous statute or regulation is sufficient to preclude a finding of intent under the FCA. Defendants and the entire FCA bar will be watching the case closely ...
Quebec recently enacted Bill 96, entitled An Act respecting French, the official and common language of Québec, which aims to overhaul the Charter of the French language. Here are 10 key changes in this law that will impose significant obligations on businesses: As of June 1, 2025, businesses employing more than 25 people (currently the threshold is 50 people) for at least six months will be required to comply with various ?francization?1 obligations ...
The strategy for the application of Portugal 2030 was designed around five main objectives of the European Union1: a smarter, greener, more connected, more social Europe that is closer to its citizens. At the national level, these strategic objectives of the European Union are embodied in four thematic agendas of the Portugal 2030 strategy2 ...
Kudun and Partners is thrilled to work on another significant pro bono project with TrustLaw, Thomson Reuters Foundation’s global pro bono legal program ...
In Butler-Sloss and Ors v Charity Commission for England and Wales and Anor,[1] the England and Wales High Court (the Court) blessed the charity trustees’ decision to adopt investment policies that restricted investments to those aligned with the charities’ purposes, thereby excluding many potential investments. In so doing, the Court provided clarification regarding Harries v Church Commissioners for England ...
One of the main rationales for using a cash box structure is that equity securities issued by PLC are issued for a non-cash consideration so that the statutory pre-emption provisions set out in the UK Companies Act 2006 do not apply. The issue can therefore take place without the timing implications of seeking shareholder approval to disapply the pre-emption rights or conducting a pre-emptive issue ...
One of the main rationales for using a cash box structure is that equity securities issued by PLC are issued for a non-cash consideration so that the statutory pre-emption provisions set out in the UK Companies Act 2006 do not apply. The issue can therefore take place without the timing implications of seeking shareholder approval to disapply the pre-emption rights or conducting a pre-emptive issue ...
INVT SPE LLC v. Int’l Trade Comm’n, Appeal No. 2020-1903 (Fed. Cir. Aug. 31, 2022) In its only precedential patent case last week, the Federal Circuit issued a lengthy opinion that revolved around claims that are drawn to “capability,” particularly for computer-implemented claims ...
