On January 5, 2023, the Federal Trade Commission (“FTC”) published a notice of a proposed rulemaking that would prohibit employers from enforcing non-compete agreements against all employees and would preempt state laws that otherwise allow these agreements. The proposed rule would prohibit any contractual term that functions to prevent a worker from seeking or accepting employment or operating a business, after leaving the employer ...
Part 1: Four reasons to slow down and four reasons to speed up the process Part 2: Slowing down the process (CA, US, EP, PCT) Part 3: Fast track (CA, US, EP, PCT) Part 1: Why slow down or speed up the process? Slowing down the process Why would anyone want to slow down the process when it already usually takes several years for a patent to be issued? Cash flow Uncertainty for competitors Possibility of changing the scope Possibility of filing a divisional application In some cases,
On December 22, 2022 the Pennsylvania Department of Human Services (“Pennsylvania DHS”) issued a Medical Assistance Bulletin that will put 340B savings at risk in Pennsylvania. This bulletin intends to prohibit 340B Program covered entities and contract pharmacies from dispensing 340B medication to Pennsylvania Medicaid patients regardless of whether the patient is enrolled in fee-for-service or managed Medicaid ...
On January 4, 2023, Law No. 21,521, also known as the "Fintech Law", was published. The new law promotes competition and financial inclusion through innovation and technology in the provision of financial services. Among other amendments, the Fintech Law introduced certain amendments related to the public offering of securities, amending Law No. 18,045, the Securities Market Law ("LMV"), Law No. 18,046, the Corporations Law ("LSA") and the Commercial Code ...
Overview On 4 November 2022, Sub-Decree 232 on the Management of Commercial Advertisements of Goods and Services (“Sub-Decree 232”) was enacted by the Royal Government of Cambodia. Sub-Decree 232 is one of 31 measures to promote fair trade and practices in business in line with the Five-Year Action Plan (2022-2026) prepared by the National Commission for Consumer Protection (“NCCP”) ...
On December 30, 2022, the Asset Management Association of China ("AMAC") issued a consultation draft of the Measures for Registration and Filing of Private Investment Funds (《私募投资基金登记备案办法 (征求意见稿)》) (the "Draft Measures") and the ancillary Guidelines No. 1-3 on private fund manager registration〔i.e. Guideline on Basic Operational Requirements ("Guideline No. 1"), Guideline on Shareholders, Partners and Actual Controllers ("Guideline No ...
After an extremely busy 2021 where the financial markets and the lending sector recovered rapidly from the COVID-hibernation, 2022 has been a turbulent year that did not live up to expectations in terms of activity. With geopolitical unrest, high inflation and rising interest rates as the backdrop, financial markets were volatile and funding costs increased substantially ...
Law.com International November 30, 2022 By Anne Bagamery, Coorespondent, Paris Jeantet has recruited a 14-person team, including three partners, from a rival French firm to create a new multidisciplinary department dedicated to energy transition and sustainable development. The move is part of a growth strategy for Jeantet, an elite firm with headquarters in Paris and offices around the world ...
Recently, the China Banking and Insurance Regulatory Commission ("CBIRC") issued the Measures for Regulatory Assessment of Corporate Governance of Banking and Insurance Institutions (the "2022 Measures"), which replace the Measures for Regulatory Assessment on Corporate Governance of Banking and Insurance Institutions (for Trial Implementation) (the "2019 Measures") issued by CBIRC on 25 November 2019 ...
Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence needed to successfully invalidate a patent as anticipated. Mosaic claimed that Ridge infringed Mosaic’s patent and trade dress for a money-clip wallet. Ridge countered that Mosaic infringed Ridge’s own patent for a money-clip wallet ...
The Intellectual Property and Related Rights (Amendment) Law of 2022, published in the Official Gazette of the Republic of Cyprus on 7 October 2022, aims to harmonise the Cyprus copyright regime with various acts at the European Union (‘EU’) level and the WIPO Performances and Phonograms Treaty. This Law amends and redefines already existing concepts and establishes new definitions and obligations ...
On the 20th of December 2022, various amendments (and clarifications) to the Employment and Industrial Relations Act (Chapter 452) came into force, mainly relating to the probationary period applicable to fixed term contracts and the duration of fixed term contracts. By means of the amendments: In the case of a renewal of a fixed term contract for the same functions and tasks as the previous fixed term contract, there shall be no new probationary period ...
During 2022, the government has, among other things, made these legal amendments: Removal of the general right to employ someone temporarily up to one year Trade unions that have members in a company that use hired workers from a temp agency can start legal proceedings against the employer about the legality of hiring. Revised home office regulations You can read more about these changes here. The Supreme Court has also contributed to the further development of employment law ...
With just days left till Christmas, the government has revealed more details on its proposed approach to planning reform with a draft National Planning Policy Framework released for consultation. Views are also being sought on a proposed approach to preparing National Development Management Policies, levelling up policy, and how national planning policy is currently accessed by users, but not as yet on the much needed funding for these changes ...
On 23 September the Government announced its ‘Growth Plan 2022’ (Growth Plan). It was intended, the Government said, to tackle rising energy costs, bring down inflation and help businesses and households alike. Instead, it caused a sudden and significant rise in interest rates which caused havoc for defined benefit (DB) pension schemes with liability driven investment (LDI) strategies ...
Kudun and Partners has successfully represented Thanulux Public Company Limited (“TNL”), the biggest market leader in the manufacturing and sale of ready-made clothes and leather goods in Thailand, on the listed company’s major restructuring and expansion of its investment with a highly significant total value of THB 8.8 billion ...
In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note. ASRC Federal Data Solutions LLC ESimplicity Inc. v. U.S. Hydraulics International Inc. v. U.S. IAP Worldwide Services Inc. v. U.S. MP Solutions LLC Trace Systems Inc. This article by Aron C. Beezley, Patrick R. Quigley, Sarah Sutton Osborne, Lisa Markman, Nathaniel J. Greeson and Gabrielle A ...
What are Digital Assets? The Official Bermuda Definition The definition of "digital asset" under Bermuda's Digital Asset Business Act 2018 ("DABA") is: "anything that exists in binary format and comes with the right to use it and includes a digital representation of value that – (a) is used as a medium of exchange, unit of account, or store of value and is not legal tender… &nbs
Businesses will be given a further extension until 31 December 2024 to start using the UK Conformity Assessed (UKCA) marking for goods placed on the GB market. The labelling easement has also been extended until 31 December 2027. Despite the UK Government previously stating that 1 January 2023 would be ‘the final deadline’, it has further extended the date by which businesses must use the UKCA marking ...
Where is my order? I’m sure most of us have asked this question many times and probably more so recently as the recent postal strikes have left customers waiting for delayed Christmas gifts to arrive. The postal strikes have undoubtedly had a huge impact on businesses in the lead up to Christmas, especially given the dramatic increase in online sales, costing businesses money and time in navigating through customer queries, complaints and providing solutions ...
Financial Services Principles-based sustainable and responsible investment (“SRI”) taxonomy for Malaysian capital market 9th Meeting of Joint Committee on Climate Change (“JC3”) Meeting Revision to Guidelines on the Registration of Venture Capital and Private Equity Corporations and Management Corporations Bank Negara Malaysia issues exposure draft on Capital Adequacy Framework (Basel III — Risk Weighted Assets) — Operationa
