On June 17, 2021, Law 21,348 (hereinafter, the " Law ") was published in the Official Gazette, the purpose of which is to legally guide the powers of the President of the Republic (hereinafter, the " President ") regarding the state of constitutional exception of catastrophe due to public calamity, in order to guarantee, in situations of pandemic, health crisis and natural disasters, the access and availability in sufficient quantities of water to the affected population ...
On June 27, Supreme Decree Nº 005-2021-IN was published in the Official Gazette “El Peruano” adopting the new “National Directive of Internal Order for the protection of National Critical Assets – ACN” (“New Directive”) ...
The National Mining Agency (“ANM”) amends Resolutions No. 28/2020 and 46/2020 due to the current COVID-19 pandemic and revokes Resolution No. 55/2021. On June 30, 2021, the Federal Official Gazette published Resolution No. 76, by means of which the National Mining Agency (“ANM”) amends Resolutions No ...
The Consumer Protection Act 1987 (the CPA) was enacted almost 35 years ago in order to implement EU law. The act introduced the concept of “strict liability” into the arena of product supply to certain users. This means that consumers who are injured by defective products can sue manufacturers without having to prove negligence. This practical guide provides an overview of the CPA for consumers and manufacturers, with reference to recent key cases ...
The Warehouse Indirect Source Rule requires some warehouse operators to begin collecting compliance information starting July 1, 2021. The “Warehouse Indirect Source Rule,” adopted by the South Coast Air Quality Management District on May 7, 2021, requires some warehouse operators to begin collecting compliance information starting July 1, 2021 ...
Over the past ten or so years, imaginative plaintiffs have pressed “climate change cases” in federal and state courts across the United States. In these cases, plaintiffs (most commonly states, municipalities, or environmentalists) sue defendants (often energy companies, states, or municipalities themselves) seeking damages related to climate change. While these cases have proliferated across the country, Florida saw very few in the early going ...
By Ministerial Resolution Nº 174-2021-PRODUCE, published today July 1, 2021 in the extraordinary edition of “El Peruano”, is established the “Provisional Fishery Regime for the Hake Resource (Merluccius gayi) for the period July 2021 to June 2022, applicable to the industrial fleet and in the area between the northern end of the maritime domain and 07°00′ South Latitude ...
In the first article of this three-part series we looked at the future of personal transport. In this second piece, we turn to consider mass public transport and how it could play a significant part in the future of commuting. Birmingham is beginning to make substantial changes to its transport infrastructure, but are the changes big enough? The Metro Opened on 30 May 1999, the West Midlands Metro provided a link between Wolverhampton and Birmingham ...
The Energy Regulatory Commission (ERC) has revised its Rules of Practice and Procedure (Revised RPP) which govern the proceedings before the ERC through the issuance of ERC Resolution No. 01, Series of 2021.1 The Revised RPP took effect on April 13, 2021 (or 15 days after its publication in Business Mirror, a newspaper of general circulation). It allows the ERC to adapt to changes brought about by the COVID-19 pandemic and modernizes the ERC rules of procedure ...
Broadly speaking, environmental, social, and governance (ESG) investing is understood as investing that incorporates ESG factors in investment decisions. It is often used interchangeably with the terms sustainable investing, responsible investing, ethical investing and impact investing ...
The draft Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 (‘Regulations’) have been laid before parliament and are due to come into effect on 1 October this year. The Pensions Minister announced on June 8 the final version of the Regulations which are designed to regulate how trustees of certain trust-based occupational schemes must engage with, and report on, climate change risk as part of their duties ...
The Planning and Development (Amendment) (No. 3) Bill 2021 is being expedited through the legislative process. It will provide for extensions to a number of time limits, including for the passing of development plans. Importantly however it will also allow for extensions, or additional extensions, to existing planning permissions to allow projects be completed. Planning permissions have a fixed duration, usually five years ...
The headline announcement of Freeports in the Chancellor’s Budget made it clear that they will have an important role in regeneration and supporting the delivery of the UK’s clean energy revolution ...
On June 9, 2021, the National Electric Coordinator (“CEN”) opened a public consultation process on a draft Internal Procedure (the "IP") that will provide the criteria applicable to the Open Access Regime established in Articles 79° and 80° of the General Law of Electric Services ("LGSE"), as a result of the entry into force of the Regulation on Transmission Systems and Transmission Planning (the "Regulation") ...
The final phase of the Esterra Park development in Redmond, Washington, is a carbon-neutral development. Schwabe client JTM Construction is the general contractor for that project. As attorneys, we are interested in staying up to date on market trends, so we asked JTM to put together a panel to brief Schwabe’s Real Estate and Construction industry group on the carbon-neutral aspects of the project ...
On May 28, 2021, Exempt Resolution No. 310, dated April 16, 2021 of the Ministry of the Environment was published in the Official Gazette. By means of such resolution, the Ministry of the Environment initiates the process of drafting the Supreme Decree that will set forth collection and recovery goals and other related obligations for batteries and electrical and electronic devices. Regulated priority products: "Batteries" and "Electrical and Electronic devices" ...
The ethical consumer market in the UK has increased four-fold since 1999, and now is conservatively estimated at over £40bn per annum. Consumers are actively changing their behaviours in favour of more sustainable and ethical choices. As a result, companies are increasingly creating or adapting their offerings to appeal to these consumer preferences ...
The Eighth Circuit Court of Appeals held that a D&O liability insurer could not rely on ambiguous endorsements as a basis to deny coverage for claims brought by investors against its insured company and its CEO. Reversing the Eastern District of Missouri, the appellate court in Verto Medical Solutions LLC et al. v. Allied World Specialty Insurance Co., No. 19-3511 (8th Cir ...
There is a growing consensus among business stakeholders and society at large that mere compliance with legal rules is not enough tolive up to the requirements of business integrity. Moreover, legal rules often use vague concepts and ethics are also useful to give concrete expression to the required practices ...
Legal due diligence processes are widely known in the context ofmergers and acquisitions (M&A) and corporate reorganisation projects. Their aim is to analyse the operations and organisation ofcompanies to identify their degree of compliance with applicable legal and contractual regulations, the level of risk of non-compliance, and the potential sources of legal and contractual liability ...
The world is in an upheaval now with the pandemic raging for over a year. The discussions and decisions that probably would never have been made a few years ago are being made today in the interest of the greater good and the public at large. When Bill Gates expressed his reservations against lifting IP protection on vaccine patents, it left the world reeling and his comments understandably criticised by experts and laymen alike ...
On May 17, 2021, the United States Health Resources and Services Administration (HRSA) publicly disclosed letters which were sent to six major pharmaceutical manufacturers. HRSA’s letters expressly state that each manufacturer is currently in violation of the Federal 340B Program statute as a result of policies restricting contract pharmacies and covered entities from access to 340B Program discounted medication ...
Knowing what to expect when going into the sale process and teaming up with experienced advisors is critical to making the sale of your business the crowning achievement of all of your hard work. This article discusses several steps in certain business sales, using a hypothetical company named ABC Manufacturing, and provides tips for success at each stage ...
For those of us in the dispute resolution world in construction, one cultural trait that is seen with nearly all contractors is a strong sense to do the job right. Most businesses are small, and closely held. And most contractors carry significant pride in their work product and in keeping their clients happy. That character extends not only to work in progress, but also to resolution of issues related to the work after it is complete ...
