On August 12, in a 6-3 decision, the U.S. Supreme Court issued an order enjoining the portion of a New York State statute which provided that tenants could establish that they had suffered COVID-related economic hardship by means of self-certification. Under the New York law, eviction actions based on non-payment of rent could not go forward if a tenant submitted such a self-certification. Under the law, landlords could not contest the tenant’s declaration in court ...
In the 1940s writer and futurologist Isaac Asimov laid down his Three Laws of Robotics. We say it’s time for lawyers to do the same. A flourishing future is ours for the taking, provided we know how to grasp it. At Shoosmiths, we’ve been working on future-facing projects for a good few years now ...
“We are both created and create. Why cannot our own creations also create?” What a week First we heard that a South African patent for an invention that lists artificial intelligence (“AI”) as its inventor had been issued, a world first. Then we heard that an Australian court had handed down a judgment allowing AI to be listed as the inventor of a corresponding patent in Australia ...
Background In its ruling of June 15, 2021 (Case No. VI ZR 576/19), the German Federal Court of Justice (BGH) for the first time took a comprehensive position on the scope of the right to access pursuant to Article 15(1) GDPR. Article 15 GDPR standardizes the right of access of a data subject vis-à-vis a controller ...
Summary Liquidated damages (LDs) are predetermined damages set when a contract is entered into, based on a calculation of the estimated loss likely to be incurred if the contractor fails to meet specific dates. LDs clauses are commonplace in commercial contracts. In construction contracts, they generally apply where the contractor fails to complete works by specified dates due to reasons for which the contractor is culpable ...
The recent Warren v DSG decision may significantly limit the recent wave of data breach litigation by claimant firms. The High Court summarily dismissed claims for breach of confidence, misuse of private information and negligence. Introduction Last week, the High Court handed down judgment in Darren Lee Warren v DSG Retail Limited [2021] EWHC 2168 (QB), a decision that may significantly limit the recent wave of data breach litigation by claimant firms ...
The liability of online platforms relating to infringing IP material that appears on their platforms is an interesting topic. Who is liable for infringing material that appears on online platforms, the person who posts the material or the online platform? This was recently considered by the Court of Justice of the European Union (“CJEU”) in two separate cases. Some preliminary points Copyright news in South Africa these days is scant ...
Questions concerning how to pay employees in tipped occupations have plagued employers for years. Tipped employees that perform duties that are not sufficiently related to their tipped occupation must be paid at least the full minimum wage, not the lower tip credit wage, when performing those duties. The DOL's approach as to what is/not related to the tipped employee's occupation has changed administration-by-administration ...
Smart buildings offer individuals, businesses and even cities better and more efficient ambient experiences. However, the connected technologies that make buildings “smart” tend to require processing massive amounts of data inputs, often including personal information ...
The recent decision in the Technology and Construction Court (“TCC”) in Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP arguably does no more than follow precedent. But the outcome is significant for anyone taking a collateral warranty. The lesson is: get a warranty signed promptly, if you do not want to lose the right to adjudicate ...
The SRA recently published its Technology and Innovation in Legal Services report. One key feature was improving user trust in legal technology. It's much more important that you'd think. ‘Hello! And thank you for reading this far. Unfortunately, all of our authors are busy at the moment. Your custom is very important to us. Please wait as we transfer you to the next paragraph. Thank you. As clearly as possible, please tell us why you are reading this article. Sorry ...
In the recent case of Granton Central Developments Ltd v Len Lothian Ltd, a commercial landlord appealed successfully against a Sheriff’s decision that it was obliged to provide, and that its tenant was entitled to receive, a supply of water to leased subjects. Background to the utilities dispute Granton Central Developments Ltd and Len Lothian Ltd were the landlord and tenant respectively in terms of a lease of commercial premises in Granton, Edinburgh ...
On August 1, several resolutions issued by OSIPTEL’s Board of Directors were published in the Official Gazette “El Peruano”, referring to the following topics: (i) the tariff and interconnection regime applicable to calls terminated on mobile networks; (ii) the quality standards applicable to the provision of internet services; and, (iii) the implementation of an automated measurement system for the verification of internet access service by OSIPTEL ...
On August 1, several resolutions issued by OSIPTEL’s Board of Directors were published in the Official Gazette “El Peruano”, referring to the following topics: (i) the tariff and interconnection regime applicable to calls terminated on mobile networks; (ii) the quality standards applicable to the provision of internet services; and, (iii) the implementation of an automated measurement system for the verification of internet access service by OSIPTEL ...
The Regulation of Courier and Logistic Companies in Nigeria. By Florence Bola-Balogun, Kelechi Mba & Oluwapelumi C. Omoniyi. Introduction The Minister of Communications and the Digital Economy, Dr Isa Ali Ibrahim Pantami (the “Minister”) in accordance with Section 62 of the Nigerian Postal Services Act, 2004 (“NIPOST Act”) approved the new guidelines for the regulation of the Courier and Logistics sector (“the Sector”) in Nigeria in July 2020[1] ...
Sharing of content through online platforms – considering digital piracy in Nigeria By Davidson Oturu, Frances Obiago and Oluwatobi Oluwasanya Introduction Like many industries around the world, the creative industry has undergone evolution; from the use of three dimensional (3D) printers to compact discs (CDs) to Digital Versatile Discs (DVDs), and since the late 90s, the internet ...
Like many industries around the world, the creative industry has undergone evolution; from the use of three dimensional (3D) printers to compact discs (CDs) to Digital Versatile Discs (DVDs), and since the late 90s, the internet. The impact of digital technology on the Nigerian copyright space cannot be over-emphasised ...
The TCPA and other related regulations over telemarketing and “robocalling” continue to evolve at a quick pace, creating uncertainty and posing challenges for any business that contacts consumers through calling or texting. This past month has seen more important developments in the wake of the Supreme Court opinion in Facebook v. Duguid, which gave us a narrow interpretation of the statutory ATDS definition ...
The data protection landscape has seen significant change and more is expected. What does that mean for charities specifically? On our 8 July, 2021 webinar Shoosmiths’ Partner, Sarah Tedstone, identified areas with significant change already and where action will be needed in the next few weeks and months to stay compliant ...
In summary, this note includes information in relation to: the UK REIT regime; advantages of using a Jersey company as the REIT vehicle; TISE listing process and listing document requirements; TISE’s continuing obligations requirements; and Carey Olsen and our REIT experience. We trust that the above will be of assistance ...
When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs are compensable. For example, the change order provision of your contract may provide a specific markup that can be included in a change request or limit the recovery of indirect costs and overhead associated with a change ...
As most people are undoubtedly aware, the construction industry has seen material prices escalate astronomically over the past few months. Some specialty lumber prices have soared upwards of 6,000 percent. The cost of a sheet of plywood is double what it was even six months ago. Generally, contractors assume the risk of material prices when they sign a lump sum or GMP contract unless there is a material escalation clause included in the contract terms ...
Utility bills can bring unwelcome surprises: a water bill that reminds you of the extra irrigation costs incurred during a heat wave, an electric bill that makes you realize how much extra power is used when working from home or gaming nonstop, an embarrassing cable bill documenting how many shows you binge-watched last month ...
