Paul Carney takes a look at proposed reforms to the Local Government Pension Scheme and the proposed pooling into so-called “Mega-funds”. UK Pensions – LGPS Consolidation: a look ahead to 2025 Following Suzanne Burrell’s commentary looking ahead to what 2025 brings for defined contributions pension schemes, Paul Carney takes a look at proposed reforms to the Local Government Pension Scheme and the proposed pooling into so-called “Mega-funds” ...
The new EU Product Liability Directive (Directive (EU) 2024/2853) represents a comprehensive overhaul of existing product liability laws, expanding the scope of what the law considers to be a "product" and the compensable harm a claimant can pursue. In this article we highlight the key features of the new Directive and look at what it means for businesses operating in or exporting products to the EU ...
The EU Data Act will start to apply in September 2025. It has become clear that one of the most vexing issues in applying the Data Act to real-life scenarios may in fact be a very basic one: Understanding how the apparatus of roles of the Data Act works in practice, and how it interacts with parallel role definitions of other EU laws. We discuss some of these issues and proposed solutions in this brief article ...
The export control system is intended to ensure that defence-related products, technology and services are only exported from Norway in accordance with Norwegian security and defence policy, and that exports of dual-use items do not contribute to the proliferation of weapons of mass destruction (nuclear, chemical and biological weapons) or their means of delivery ...
Several interesting cases have been decided both by the ordinary courts and by other dispute resolution bodies over the past year. We have also observed some emerging trends in dispute resolution. Key decisions from the Supreme Court include HR-2024-550-A. which involved the ownership of minerals. The landowner’s side was represented by SVW partners Øystein Nore Nyhus and Christian Reusch. From the insurance sector, HR-2024-2040-A is noteworthy ...
Extension of the Act’s scope to number-independent interpersonal communications services (NI-ICS) The new Act broadens the definition of an «electronic communications service» to encompass number-independent interpersonal communication services (NI-ICS). NI-ICS refers to person-to-person communications services that do not connect to numbers within a national or international number plan, nor facilitate communication with such numbers ...
Overview As part of the 2020-2025 EU Gender Equality Strategy, the so-called Women on Boards Directive (Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures) was published in the Official Journal of the EU on 7th December 2022 ...
By: Patricia Gannon, Esq. and Marcela Bermudez, Esq. A stopgap measure was signed into law by President Biden averting a federal government shutdown. A federal shutdown is possible if Congress cannot reach an agreement on a spending measure or stopgap by March 14, 2025. We will continue to monitor and advise as this develops. As a reminder, if a stopgap measured is not reached in the future, certain federal immigration functions will be temporarily suspended ...
Approximately 500,000 people die each year in England and Wales and burial space is running out. The problem is most acute in the major cities, where large parcels of available land are scarce and competition with developers is often fierce. (and will be more so if the Government’s commitment to reform planning laws to meet the nation’s housing needs comes to fruition) ...
In this edition, we offer a diverse range of content: First, we present an update on an upcoming case before the Supreme Court concerning section 36 of the Contracts Act. We will also provide some insights from a recent Supreme Court ruling on the insurance condition regarding sudden and unforeseen physical damage. Additionally, we discuss significant takeaways from the appeals judgment in the Dutch Shell case ...
The outcome of the May 2024 elections marked a significant milestone in our country’s history following President Ramaphosa’s announcement to establish a ‘Government of National Unity’. Nevertheless, as is routine in the aftermath of elections, the Electoral Commission of South Africa was quickly faced with numerous complaints and objections lodged by various parties and individuals largely relating to the manner in which the voting process was conducted ...
Under South African criminal law, a life imprisonment sentence is the most severe form of judicial punishment that can be imposed upon a convicted criminal and is therefore reserved for the most serious offences. When a judge passes a life sentence, they must specify the minimum term that the offender must spend in prison before becoming eligible for parole, which is determined in accordance with section 51 of the Criminal Law Amendment Act 105 of 1997 ...
InAfrican Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others, the Supreme Court of Appeal (“the SCA”) set aside an issued permit to conduct activities in respect of genetically modified organisms (“GMOs”) and remitted the decision to approve the GMO back for reconsideration ...
InMinister of Department of Rural & Land Reform and Others v Thamsanqa Davis Bisset, the Supreme Court of Appeal (“the SCA”) upheld an appeal against a High Court order setting aside a settlement agreement in terms of section 42D of the Restitution of Land Rights Act 22 of 1994 (“the Act”) and dismissed the application that served before the High Court ...
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against enforcement of the Corporate Transparency Act (“CTA”).[1] The CTA, and its Reporting Rule, were set to require approximately 32.6 million existing reporting companies to file beneficial ownership information (“BOI”) reports with FinCEN by January 1, 2025 ...
The United States Patent and Trademark Office (USPTO) has released its long-anticipated final rule on patent fee adjustments (“Final Rule”). Set to take effect January 19, 2025, these changes represent the most significant fee restructuring since 2020. The changes aim to generate sufficient revenue to recover the USPTO's operational costs, while promoting efficient patent prosecution practices. Here's what patent applicants and owners need to understand about the upcoming changes ...
SyCipLaw has contributed the Philippine chapter in the latest edition of The Legal 500: International Arbitration Comparative Guide. Senior Partner and Head of Litigation Department Ricardo Ma. P.G. Ongkiko co-authored the chapter with Partners Anthony W. Dee, John Christian Joy A. Regalado, and Ma. Patricia B. Paz-Jacoba ...
When must controllers respond to DSARs with more than just a copy of personal data? Is it enough to point to a privacy notice to satisfy the extra GDPR requirements? UK and EU courts are increasingly saying that it's not enough. Handling data subject access requests (DSARs) is an ongoing compliance burden for many organisations. In this series, we consider how different strategies can cut the task down to size ...
Metro Bank PLC was fined £16,675,200 (after a 30% discount) by the Financial Conduct Authority for failings in its transaction monitoring systems and controls. The FCA found that the bank’s failures led to the risk it was inadvertently being used for the purposes of financial crime. Key facts: Metro Bank PLC implemented an Automated Transaction Monitoring System (“ATMS”) to monitor customer transactions ...
The question of who bears the loss suffered as a result of a business email compromise was answered by the Western Cape division of the High Court in the recent judgment ofGripper & Company (Pty) Ltd v Ganedhi Trading Enterprises CC. Background Facts Gripper & Company (Pty) Limited (“Gripper”) and Ganedhi Trading Enterprises CC (“Ganedhi”) have been dealing with each other since 2014 ...
A recent decision out of the U.S. District Court for the Middle District of Florida was very favorable for businesses defending Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act (FTA) claims. The decision in Adams v. Safelite Group reinforced the May 2023 FTSA amendments, particularly the text message “STOP” safe harbor provision, which applies to uncertified putative class actions pending when the amendments took effect ...
Businesses involved in, or contemplating litigation are advised to give serious consideration to ADR from the outset of a dispute as well as during the lifecycle of a claim. For those parties who relish their day in Court and pay lip service to alternative dispute resolution (“ADR”), the recent amendments to the Civil Procedure Rules (“CPR”) will make life harder for those parties as the Courts now have the power to order parties to engage in ADR ...
The domestic implementation of NIS2 continues to advance at pace. In this note, we outline Italy’s formal adoption of NIS2, highlight the key dates you need to know for registration, compliance and enforcement. For further information about NIS2, including sector-specific guidance, please visit our Resiliency page ...
On October 11, 2024, the United States Department of Defense (DOD) published a final rule implementing its Cybersecurity Maturity Model Certification (CMMC) program, which is designed to verify that defense contractors are adequately protecting sensitive information from cybersecurity threats. The CMMC applies to contractors who process, store, or transmit Controlled Unclassified Information (CUI) or Federal Contract Information (FCI), which is most DOD contractors ...
In October of 2024, the Office of Federal Contract Compliance Programs (“OFCCP”) announced it had received two Freedom of Information Act (“FOIA”) requests to disclose EEO-1 Type 2 Consolidated Report data, which is filed annually by prime federal government contractors and first tier sub-contractors. The Type 2 report is one of the annual filings required for multiple-establishment covered contractors. The report includes demographic data for all U.S ...
