The outbreak of COVID-19 comes on the back of an already tumultuous two years for the global economy, markets and trade where the US-China "trade war" and other trade tensions and macroeconomic factors have created uncertainty, commercial losses and subdued growth prospects ...
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 ...
One of the proposals set out in the Green Paper concerns an investment obligation for streaming services. According to the proposal, streaming services are required to either invest directly in Norwegian films and series, or, if the services do not invest sufficiently in Norwegian content, contribute to the financing of such productions through financial contributions to the Norwegian Film Fund ...
The Norwegian Supreme Court delivered its judgement in the so-called Fosen-Linjen case 27 September 2019 (HR-2019-1801-A). The Fosen-Linjen case has been much debated the latter years, inter alia because it has been the only Norwegian case to have been subject to two EFTA Court referrals, cf. the decisions of the EFTA Court in cases E-16/16 (Fosen-Linjen I) and E-7/18 (Fosen-Linjen II) ...
The underlying dispute relates to the MV «Cheshire» incident in 2017, where a cargo of fertiliser was subject to a major decomposition incident. The fertiliser that was carried on the vessel was damaged, and the vessel was declared a total loss. In February 2020, Oslo District Court ruled in favour of the cargo interests, holding the carriers liable for the cargo loss (approx. USD 25 million) (TOSLO-2017-180657-1). The carriers have appealed the judgement ...
The underlying dispute relates to the MV «Cheshire»-incident in 2017, where a cargo of fertiliser was subject to a major decomposition incident. The fertiliser that was carried on the vessel was damaged, and the vessel was declared a total loss. In February 2020, Oslo District Court ruled in favour of the cargo interests, holding the carriers liable for the cargo loss (approx. USD 25 million) (TOSLO-2017-180657-1). The carriers have appealed the judgement ...
The Association’s claim is a torts claim on behalf of approximately 400.000 residential alarm customers against the two major Norwegian alarm companies. Sector and Verisure colluded over eight years and were fined NOK 1,2 billion (120 million euros) by the Norwegian Competition Authority. The question that the Supreme Court shall decide is whether third-party financing in opt-out class actions can be permitted under the Norwegian Dispute Act ...
The phrase ‘national security’ is at the heart of but not defined in the National Security and Investment (NSI) Act 2021. There are some insights from related legislation and other sources, but the absence of definition means there is legal and consequently business uncertainty. From 4 January 2022 when the NSI Act 2021 came into full effect, the meaning of national security became crucial to M&A activity concerning the UK ...
Under the GDPR, transfers of personal data are permitted without restriction to countries that the European Commission (the "EC") has assessed as providing an "adequate" standard of protection for personal data. The current list of countries considered "adequate" is Andorra, Argentina, Canada (for commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay and the United Kingdom ...
The European Commission adopted a new set of Standard Contractual Clauses (“New SCCs”), effective 27 June 2021, for the transfer of personal data to non-EU regions. From 27 September 2021 onwards, data exporters and data importers can only conclude contracts which incorporate the New SCCs for the transfer of personal data out of the European Union ...
Following a year and half long market investigation, the OFT published on 7 December 2006 its report on the commercial use of public sector information (PSI). The report makes a number of recommendations aimed at increasing "fair" access to PSI, particularly where the public sector body holding the information is itself active in providing value added products to end users ...
On 28 May 2022, the Belgian law transposing EU Directive 2019/2161 into the Code of Economic Law (CEL) entered into force (the “Omnibus Act”). The Omnibus Act aims to modernise consumer protection given the increasing development of e-commerce. In addition to new transparency obligations for online marketplaces, the Omnibus Act has new general information obligations, and new unfair commercial practices and obligations for price reduction announcements that apply to all retailers ...
The Online Safety Act 2023 implements broad reforms for how many businesses must operate their online services. Here, Matthew MacLachlan explains the action to take now to comply. The Online Safety Act 2023 (‘the Act’) received Royal Assent in October 2023. Although the Act is now law, it will not be enforced by the regulator, Ofcom, until secondary legislation is passed and when Ofcom’s draft codes of practice are finalised ...
I. Introduction The Institute for Intellectual Property and Information Law at the University of Houston Law Center publishes “www.patstats.org,” providing United States patent litigation statistics. Specifically, with respect to the issue of validity, in 2000, the alleged infringer “won” the issue 53% of the time and the patent was held invalid, while the patentee “won” the issue only 47% of the time, and the patent was held valid ...
The Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) are seeking to improve the operational resilience of the UK financial sector. This applies to many organisations, including: banks building societies, PRA-designated investment firms and insurers. The new rules and guidance will come into force on 31 March 2022. By then, firms must have identified any vulnerabilities in their operational resilience ...
Shoosmiths hosted one if its best attended Shoosmiths Aviation & Marine Breakfast Association (SAMBA) webinars on 25 February. Joined by representatives from industries across the marine spectrum (boatbuilding, finance, insurance, marinas and the RYA) Elliot Bishop and Sarah Fairweather discussed the impact of Covid and Brexit on the leisure marine sector in particular and the outlook for the coming year ...
Since the introduction of Law 32 of 1927, the Law on Corporations of the Republic of Panama has remained virtually unchanged, serving both Panamanians and well as foreigners to put in order, protect and plan the transfer of their patrimony in an orderly fashion ...
In July, the Antimonopoly Committee asked the Ministry of Strategic Industries to update the conditions for providing state aid to companies that develop, manufacture, repair, and service aviation equipment and engines. What to update and how, the committee wrote in recently adopted recommendations . Asters lawyer Olena Gadomska told Mind what the latter envisage, why AMCU is resorting to such changes and who they will affect ...
The Pension Schemes Act 2021 (the 'Act') amends the Pensions Act 2004 (the '2004 Act') in order to provide the Pensions Regulator ('TPR') with a wealth of new powers. Now that the day we have all been waiting for, 1 October 2021 (when the majority of the Act’s provisions were due to come into force) has come and gone, we’re taking a look the material provisions which came into force on that date - and what those changes mean ...
Introduction Copyrights are defined in the Copyright Act as “Original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device ...
Whether witnesses can be asked leading questions is a vital issue for fair trials, but is treated inconsistently in Polish litigation practice. Inspiration can be sought from the rules that have worked for years in common-law jurisdictions. Polish litigators generally share the belief that a witness should never be asked a leading question—that is, a question that suggests to the witness what the “right” answer should be ...
Market participants are undertaking significant work to prepare for a transition away from the London Interbank Offered Rate (“LIBOR”). The Financial Conduct Authority (“FCA”) in the UK has made it clear that the publication and dissemination of LIBOR cannot be guaranteed after 2021. The launch and reform of preferred alternative reference rates to USD LIBOR and GBP LIBOR are important steps in this transition journey ...
This is a briefing on the following issuances as of May 10, 2020 in relation to the COVID-19 pandemic: A. Suspension of Periods to File Applications and Other Documents with the Department of Labor and Employment (DOLE) B. Issuances Supplementing the Inter-Agency Task Force on Emerging Infectious Diseases’ (IATF) Omnibus Guidelines on Community Quarantine (Omnibus Guidelines) C ...
