Insolvency Law Update-Proceedings Against Guarantors CONTRIBUTION BY: Samiron Borkataky, Partner, Kochhar & Co. EMAIL: samiron.borkataky@kochhar ...
Companies may purchase third party technology from time to time. When acquiring patents from outside the company, or from related entities, there are important factors to be considered. Here are certain issues for buyers when preparing a patent acquisition agreement. The buyer should first determine that all the record owners of the purchased Intellectual Property are party to the patent acquisition agreement. A particular patent may be assigned to a subsidiary of the seller ...
On April 20, 2022, the government issued Order in Council 656-2022, which makes significant amendments to the Regulation respecting categories of insurance contracts and classes of insureds that may derogate from the rules of articles 2500 and 2503 (the ?Regulation?). The original version of the draft regulation with the same title (the ?Draft Regulation?) was the subject of one of our publications last September ...
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) ...
The pandemic has not slowed down the arrival of self-driving vehicles on our roads. This technological advancement is becoming more and more commonplace, giving rise to a need for deep reflection, especially in the automobile insurance industry ...
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 ...
April 12, 2022 By: Mary H. Rose Health care providers who received Provider Relief Funds under the CARES Act during Period 1 (April 10, 2020 to June 30, 2020) were required to use the funds by June 30, 2021 and submit a report to the Health Resources and Services Administration (HRSA) regarding use of the funds by September 30, 2021. On March 10, 2022, HRSA sent notices to approximately 10,000 providers who failed to meet the report deadline ...
A recent judgement of the Court of Appeal brings welcome clarification of the principles regarding the recovery of wasted expenditure claims in IT disputes. Summary Whist wasted costs arising from failed IT implementations often form part of a subsequent loss of profit claim, the two forms of loss are separate and distinct. Consequently, in order to be effective, exclusions must specifically refer to wasted costs ...
On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the United States Code prohibits private employers from mandating that employees submit to arbitration of sexual assault and sexual harassment claims ...
After over two years of statewide eviction moratoria in the forms of executive orders, Judicial Council rules, and legislation, California's eviction moratorium was scheduled to come to an end on March 31, 2022. However, on March 31, 2022, Lt. Gov. Eleni Kounalakis, serving as acting governor while Governor Gavin Newsom was out of state, signed Assembly Bill 2179 into law, which took effect immediately ...
The government are set to introduce new measures on High in Fat, Salt and Sugar (HFSS) food including restrictions on volume offers and new rules on placement and promotion. What is a HFSS food? HFSS foods are food or soft drink products that are assessed as high in fat, salt or sugar in accordance with the Department of Health nutrient profiling model. Foods scoring 4 or more points and drinks scoring 1 or more are classified as HFSS ...
The proposal for a directive on the recovery and resolution of insurance and reinsurance companies enshrines the no creditor worse off principle as provided for in the Bank Recovery and Resolution Directive (“BRRD”). This opens the door for the Portuguese legislature to repeat the mistakes it made when incorporating the BRRD into Portuguese law ...
Following the Scottish Government’s statement on 15 March 2022 regarding COVID-19 restrictions, organisations should take time to review the status of recently eased restrictions, and those which are to be eased in the coming weeks. These changes will be of particular relevance to businesses and employers throughout Scotland, who should follow the up-to-date guidance when dealing with employees and customers alike ...
The recent Winter Olympic Games and the conclusion of the Six Nations rugby were just two of many sporting events, large and small, that have been welcoming back fans (in accordance with local laws and restrictions) over the last several weeks. As we continue to live with COVID-19, it is crucial that organisers of sporting and other events are aware of health and safety requirements and their duty of care towards attendees ...
Following the Scottish Government’s statement on 15 March 2022 regarding COVID-19 restrictions, organisations should take time to review the status of recently eased restrictions, and those which are to be eased in the coming weeks. These changes will be of particular relevance to businesses and employers throughout Scotland, who should follow the up-to-date guidance when dealing with employees and customers alike ...
[!<CDATA[ A recent decision by the Eleventh Circuit (the federal appeals court supervising trial courts in Florida, Georgia, and Alabama) sheds light on at least one way that insurers with complicated policies (and a host of exclusions) may avoid providing coverage and defense resources to insured material suppliers whose products are the focus of defect claims. In Morgan Concrete Company v ...
On March 15, 2022, President Joe Biden signed into law the Consolidated Appropriations Act, 2022, which was passed by Congress on March 8, 2022 (CAA). The CAA temporarily extends meaningful changes for reimbursement of Medicare services delivered via telehealth. All CAA provisions regarding telehealth amendments will last for 151 days following the expiration of the Public Health Emergency (PHE), which is currently set for April 16, 2022 ...
China began legislating the protection of human genetic resources in 1998, at which time the Ministry of Science and Technology (MOST) and the Ministry of Health jointly formulated the Interim Measures for Administration of Human Genetic Resources; however, there had been no corresponding implementing rules to implement it in practice ...
March 24, 2022 By: Andrea Musker The Consolidated Appropriations Act of 2022, signed by President Biden on March 15, 2022, extends federal telehealth flexibilities beyond the expiration date of the public health emergency for a limited time. The public health emergency is currently set to expire on April 16, 2022, but it may be renewed for another ninety days ...
The Autorité des marchés financiers (AMF) has recently published a study that it conducted with the largest active insurers in the Quebec insurance industry, entitled ?Critical Illness Insurance Supervisory Report?1 (hereafter the ?Report?) ...
