On June 1, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would modify its requirements for water quality certification under Clean Water Act (CWA) Section 401 (the “Proposed Rule”). The Proposed Rule would revise and replace the EPA’s water quality certification rule promulgated in 2020 (the “2020 Rule”) ...
The Royal Decree No. 750 (B.E. 2565) issued under the Revenue Code regarding income tax exemption on investment in Thai startups (the “Royal Decree”) was recently published in the Government Gazette, in cases where the funding for the startups is provided directly or indirectly through Venture Capital (VC), Corporate Venture Capital (CVC), or private equity trust (PE Trust). This Royal Decree aims to unlock capital gains tax on investment in startups under the Royal Decree No ...
Shock to UK employment world The UK employment model was turned on its head by COVID-19 and the restrictions brought in by the Government. The seismic effects of the restrictions and the speed with which they were introduced tested the adaptability and resilience of employers and employees in a way not seen previously in the UK ...
Switch2 Energy, Shoosmiths and HermeticaBlack came together to discuss procurement and delivery of new, low cost, low carbon heat networks ...
In conversation with... Our panel of experts - Nina Pindham of No.5 Chamber, Sam Grange and Will Thomas from Shoosmiths and Rhys Bradshaw from DLP Planning took a fresh look at the new "Planning" Bill and gave us their thoughts. There are many questions that many have about the new ‘Planning’ bill... Is this the final Act for s ...
With its increasing population and urbanization, Thailand cannot escape from the mountains of solid waste generated in households and in communities across the country. The inappropriate disposal of solid wastes will cause serious ramifications which would be a national nightmare, such as air pollution, water pollution and contagious diseases. All of these issues are harmful not only in the environmental scale, but also in respect of the public health of each domestic sector ...
LG Electronics Inc. v. Immervision, Inc., Appeal Nos. 2021-2037, -2038 (Fed. Cir. 2022) In this week’s Case of the Week, the Federal Circuit considered how to treat a prior art reference in which the alleged teaching of a claim element would be understood by a skilled artisan not to be an actual teaching, but rather an error of a typographical or similar nature ...
The UK Government published last month its annual report on the application of the National Security and Investment Act 2021 (NSIA). The NSIA came into force on 4 January 2022. The report covers the period commencing from that date to 31 March 2022, though future annual reports will cover a full calendar year. The NSIA is already having a significant effect ...
Lauren Bowkett is a principal associate in the financial crime team at Shoosmiths. She has experience in providing financial crime compliance advice, including advice in relation to the Modern Slavery Act (“MSA 2015”). In this article Lauren takes us through the key features of the Modern Slavery Bill and gives her comment on the potential amendments. The new Modern Slavery Bill will seek to strengthen the Modern Slavery Act 2015 ...
You have the right to remain silent and to an attorney, and what you say can be used against you in a court of law. From Sergeant Joe Friday on “Dragnet” to Lennie Briscoe on “Law & Order,” millions of television viewers have been Mirandized by these all-too-familiar warnings such that they have become as much a part of police work as handcuffs and a badge ...
Legal Notice 201 of 2022 has been published on the 13th July 2022 and will come into force on the 2nd August 2022. These regulations were enacted with the aim of transposing the EU Work-Life Balance Directive which was introduced and became part of EU law in August 2019. The main provisions of this legal notice are the following: 1 ...
The State Budget Law for 2022, Law 12/2022 of 27 June (“SBL2022”) was published on 27 June 2022 and came into force on the following day. SBL2022 is framed in a context of expectations for the economic recovery of the country in what is hoped will be a post-pandemic period. It has been presented as a budget that promotes economic recovery and reinforces policies favourable to investment. However, the greatest changes that have been proposed relate to the taxation of individuals ...
The list of extensions for the adaptation of municipal and inter-municipal plans to the (new) rules on land classification and ualification contained in the Legal Framework for Territorial Management Instruments (Regime Jurídico dos Instrumentos de estão Territorial - “RGJIT”) 1 has been joined by a new one, with the publication of Decree-Law 45/2022 of 8 July ...
‘We want to take back control’ was a common refrain during the Brexit debates prior to the vote, and since remains a mantra of the UK government. Recent views expressed by the UK government raise the question of what is meant by ‘we’. Across the Atlantic, the United States has a clear expression in its constitution – ‘We the People’ ...
More than two years on from the first work-from-home order of the Covid-19 pandemic, business leaders are still grappling with changes to working practices that one executive says could lead to a two-lane economy in which swathes of workers never return to the office ...
Article by Anne Coulon, Regional Legal Adviser of DFDL, and Pisut Rakwong, Founder of Pisut and Partners. When a dispute arises and arbitration proceedings loom, parties often need to obtain emergency relief via an injunction or an interim measure. Thailand is a party to the UNCITRAL Model Law on International Commercial Arbitration, and the country’s main arbitration law is the Thai Arbitration Act 2002 (“TAA”, amended in 2019) ...
The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveals the Biden administration’s position on cannabis: The Biden administration doesn’t care about cannabis issues ...
What is a JCT contract? A JCT contract is a standard form of building contract produced by a UK body known as the Joint Contracts Tribunal. The JCT is comprised of seven members who represent a wide range of interests in the building sector from contractors, architects, and surveyors. The documents produced by the JCT are intended to standardise construction contracts with a view to reducing the time taken to negotiate the documentation ...
In a judgment delivered on the 28th of June 2022 in the names of Rapa et vs Chircop et, sworn application number 886/2018, the First Hall Civil Court was tasked with apportioning responsibility and liquidating damages consequent to a traffic accident which occurred between the car driven by the defendant Chircop and the pedestrian Rapa who had passed away as a result of the accident. In a rare decision, responsibility was not totally allocated to the driver of the vehicle ...
On July 7, 2022, the Cyberspace Administration of China (the “CAC”) formally promulgated the Measures for Security Assessment of Cross-border Data Transfers (the “Assessment Measures”), which specify and implement the provisions on data export in accordance with Article 37 of the Cybersecurity Law of the People’s Republic of China (the “CSL”), Article 31 of the Data Security Law of the People’s Republic of China (the “DSL”), and Article
Much has been written about the recent introduction of a right on the part of secure agricultural tenants to sell back their tenancies for value to the landlord. I want to have a look at another means by which some secure tenants can sell on the tenancy without involving the landlord at all. That the tenant’s interest in a secure traditional agricultural tenancy has a considerable value is now well established and the reasons easy to understand ...
Businesses in the UK entertainment and advertising industries ought to tread carefully when using popular characters born out of TV shows, books or other works unless they have the necessary rights or permissions to do so ...
In Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP, the Court of Appeal recently determined that a collateral warranty, signed four years after completion, was a construction contract that applied retrospectively, therefore an adjudication award applied to the dispute under the warranty and was enforceable. The court’s decision provides clarity that a collateral warranty can be sufficient evidence of contractual obligations to seek enforcement of an adjudication award ...
