Prescription is the legal rule in Scotland that prevents a person from pursuing their legal rights to a claim after a certain time period has elapsed (the equivalent in England is limitation). A claim ‘prescribes’ when the relevant time period runs out (known as the ‘prescriptive period’). For contractual claims, the prescriptive period is five years ...
Controversially, the ‘Everyone Wins’ goody bags gifted to this year’s Oscar nominees included “the title of Lord or Lady of Glencoe, along with a small plot of land in Scotland”. However, the recipients may be disappointed to learn that this particular ‘freebie’, distributed alongside gourmet foods, cosmetic surgery, and luxury trips, confers neither title nor ownership ...
In April 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule implementing Executive Order 14026. The rule requires any federal “contractor” to pay employees a minimum hourly wage of $15 and overtime wages for work beyond 40 hours per week. This wage is subject to yearly increases determined by DOL ...
On March 30, 2022 the Division of Examinations of the United States Securities & Exchange Commission published the 2022 Examination Priorities. As in other years, the 2022 Examination Priorities document provides certain data regarding the scope of the examination program and the growth of the investment adviser community ...
Decree-Law 30-A/2022was published on 18 April to approve the exceptional measures intended to ensure the simplification of the procedures for producing energy from renewable sources. These measures came into force on 19 April and will be in force for a period of 2 years. These exceptional measures have been published by the Government in the current macroeconomic and geopolitical situation ...
Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same. While the majority of these changes take effect at the fast approaching date of June 9, 2022, the Governor’s signing immediately implemented others ...
Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same. While the majority of these changes take effect at the fast approaching date of June 9, 2022, the Governor’s signing immediately implemented others ...
Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc., Appeal Nos. 2020-1640, -1641 (Fed. Cir. Apr. 29, 2022) Our case of the week has a little bit for everyone, including lost profits, reasonable royalties, enhanced damages, claim construction, and more. However, the primary issue was application of the experimental use exception to the on-sale bar. The experimental use exception, which traces to City of Elizabeth v. Am. Nicholson Pavement Co., 97 U.S ...
The Central Electricity Regulatory Commission (“CERC” or “Commission”) on May 9, 2022 notified the CERC (Terms and Conditions for Renewable Energy Certificates for Renewable Energy Generation) Regulations, 2022 (“REC Regulations, 2022”)[1]. The reasons for framing of the REC Regulations, 2022 can be found in the Explanatory Memorandum to the draft of the REC Regulations, 2022 published by the Commission ...
Economic sanctions (also called restrictive measures) are an instrument of influence of states or international organisations (EU, UN) on states and individuals whose activities violate international law and pose a threat to peace and security. Sanctioning states impose certain restrictions on sanctioned entities (e.g ...
The government announced several new business immigration routes to be launched in 2022 which consolidate and reform existing routes. The aim is to provide more opportunities for businesses to attract talent from overseas as well as to provide opportunities for growing businesses and recent graduates from international universities. The new Global Business Mobility Visas comprise of five different categories: 1 ...
On 6 April 2022, Shoosmiths hosted the second in a series of webinars about the UK COVID-19 Public Inquiry. The webinar focussed on the current status of the inquiry and gave practical tips for potentially interested parties. Hosted by Hayley Saunders (Partner), the webinar included talks by Charles Arrand (Partner), Alex Friston (Associate) and Hannah Frost (Associate) ...
April 19, 2022 By: T. Mark Tubis The U.S. Department of Health and Human Services (“HHS”) has renewed the January 31, 2020 determination that a public health emergency (“PHE”) exists nationwide. Each determination renews the PHE for 90 days, so all HHS/CMS waivers and flexibilities applicable during the PHE will continue until at least July 15, 2022, unless the PHE is terminated sooner ...
Niazi Licensing Corporation v. St. Jude Medical SC, Inc., Appeal No. 2021-1864 (Fed. Cir. Apr. 11, 2022) The Federal Circuit’s only precedential patent decision this week comes on appeal from a district court decision finding invalidity, granting summary judgment of no induced infringement, and imposing sanctions pursuant to Fed. R. Civ. P. 37 ...
On March 28, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the resolution of three investigations and one matter before an Administrative Law Judge related to compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule ...
President Joe Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which allows an individual asserting sexual assault or sexual harassment claims to bring such claims to court, even if they had previously agreed to mandatory arbitration. Dinsmore employment attorney Aly St. Pierre wrote about what employers need to know about this new law for The Indiana Lawyer. An excerpt is below ...
