Fleur Turrington, Jennifer Clarke & Aimee Cook work through the pros & cons of the Procurement Bill ...
Authors Kenneth B ...
The Insolvency Practitioners Bill (‘the Bill’) is at its second reading in Parliament. The Bill is intended to partially transpose EU Directive 2019/1023 (‘the Directive’) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt ...
The purpose of this article is to report on a recent proof before answer hearing that was conducted fully remotely, and to set out some tentative thoughts on the future of remote hearings based on that experience. This is not intended to suggest that what was done should be followed in all hearings ...
By Christina Morgan and Steve Nakasone This year alone, seven new states have passed comprehensive consumer privacy laws. Businesses operating nationwide will soon have to contend with twelve separate consumer privacy laws. A current list of the states with consumer privacy laws, and their effective dates, is below ...
In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we see more and more questions about the limits of governmental authority and the remedies for affected people and businesses. Lawsuits already are being filed, and the courts undoubtedly will have to provide the answers. Click here for a more detailed discussion of COVID-19 and governmental takings ...
In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we see more and more questions about the limits of governmental authority and the remedies for affected people and businesses. Lawsuits already are being filed, and the courts undoubtedly will have to provide the answers. Click here for a more detailed discussion of COVID-19 and governmental takings ...
A trend is emerging with recently filed litigation involving the COVID-19 pandemic. Spilman attorneys are committed to providing information that allows businesses to react as quickly as possible to avert civil litigation threats or to protect your interests through litigation. Monitoring these litigation trends will allow organizations to prepare to defend against such threats in the future or to identify and pursue civil remedies when needed ...
Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal another trend, or a recent adverse decision from the Pennsylvania Supreme Court may throw cold water on business owners and citizens’ efforts to be compensated for government-directed impacts ...
Another week brings another round of COVID-19-related lawsuits. We are identifying some early trends and provide a synopsis of the more relevant lawsuits below. Will nursing homes be overwhelmed by wrongful death lawsuits? The daughter of a woman suspected to have died from COVID-19 has filed a wrongful death suit against the company who owns the Life Care Center of Kirkland where her mother was a resident ...
Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal another trend, or a recent adverse decision from the Pennsylvania Supreme Court may throw cold water on business owners and citizens’ efforts to be compensated for government-directed impacts ...
Pursuant to Decree no. 195/March 16th, 2020, published in the Official Gazette of Romania no. 212/March 16th, 2020, the President of Romania instated a state of emergency on the entire territory of Romania, for a period of 30 days, starting from March 16th, 2020 ...
The Regulation of Courier and Logistic Companies in Nigeria. By Florence Bola-Balogun, Kelechi Mba & Oluwapelumi C. Omoniyi. Introduction The Minister of Communications and the Digital Economy, Dr Isa Ali Ibrahim Pantami (the “Minister”) in accordance with Section 62 of the Nigerian Postal Services Act, 2004 (“NIPOST Act”) approved the new guidelines for the regulation of the Courier and Logistics sector (“the Sector”) in Nigeria in July 2020[1] ...
It is a well-established principle of South African law that you may not take the law into your own hands. The remedy formulated to enforce this principle is the mandament van spolie.In its classic formulation, the mandament, or spoliation action, protects against a deprivation of possession otherwise than through a legal process. All a plaintiff need prove is that it was in peaceful and undisturbed possession of property and was deprived of that possession ...
Only five months after its first reading on 17 May 2023, the future is already in doubt for key aspects of the Renters (Reform) Bill. The changes proposed by the Bill include the abolition of ‘no fault’ evictions under section 21 of the Housing Act 1988, meaning that landlords would be required to rely on the more combative section 8 process ...
The Maltese law transposing European Union Directive on representative actions for the protection of the collective interests of consumers, Directive (EU) 2020/1828 of the 25th of November 2020, came into force by means of Act XVII of 2023 on the 25th of June 2023 (hereinafter referred to as the “Representative Actions Act” or the “Act”) ...
What is the Retained EU Law (Revocation and Reform) Bill? Many UK consumer laws originate from European law. Following the UK’s departure from the EU, the government wanted to provide legal continuity and certainty and to allow consumers to retain the benefit of such EU derived laws. This was achieved through Retained EU law, a form of domestic law, that was created to preserve the law of the UK following Brexit ...
The Alabama Supreme Court recently found that a party was in breach of an arbitration clause for declining to pay the fee schedule set forth by the American Arbitration Association (AAA) and thus lost the right to compel arbitration. This case serves as a reminder to follow the orders of arbitral institutions or risk losing the opportunity to arbitrate your dispute ...
By a judgment of 24 May 2016 in the MT Højgaard/Züblin case (Case C-369/14), the Court of Justice of the European Union has pronounced on the possibilities of changing the identity or the composition of a preselected entity during an award procedure. The case was a result of E ...
In the recent judgment of Divine Inspiration Trading 205 (Pty) Limited and another v Katherine Gordon and 2 others, the Western Cape High Court found, in essence, that the rules of court override the interests protected under the Protection of Personal Information Act, 2013 (“POPIA”) and ordered that personal information be disclosed. In this matter, the applicants sought an order for the disclosure of Ms Gordon’s medical records from her medical practitioners ...
The Supreme Court of the Russian Federation (the “SC RF”) has adopted the Resolution of the Plenum No. 23 “On consideration of commercial cases arising from relationships complicated by an international element” (the “Resolution of the Plenum”) ...
Key Takeaways The Supreme Court is currently weighing whether to take a case regarding Section 101 of the Patent Act as it applies to inventions involving natural laws. The Federal Circuit recently invalidated claims belonging to American Axle & Manufacturing Inc. relating to the manufacture of a prop-shaft using a natural law under Section 101 ...
The Sharjah Court of Appeal recently declined to apply the principle of separability of an arbitration clause, on the basis that the underlying agreement (i.e. in which the arbitration clause was contained) was not defective or argued to be invalid by the appellant. This judgment has potentially significant implications for parties who intend to rely on an agreement which contains an arbitration clause to assert claims in court ...
In the recent case of E v L [2021] EWFC 60, the court has reconsidered how the sharing principle applied to marriages that are short and/or childless. Through the years, family courts have developed three key principles for financial remedy proceedings: “needs”, “sharing” and “compensation”. This article focuses on the two former principles ...
