By: Jaci Flug, Esq. and Louis J. Terminello, Esq. Per Tennessee: Shipping as an “agent of the consumer” is “categorically false.” In an email to all Tennessee direct shippers, the Tennessee Alcoholic Beverage Commission (TNABC) states that shipments made into the state as the “agent of the consumer” violate the Tennessee Code ...
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 ...
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 ...
In an era of increasing data breaches and cyberattacks, businesses face mounting risks that can lead to financial, reputational, and operational damage. The cost of a data breach reached an average of $4.88 million in 2024, a 10 percent increase from the previous year ...
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 ...
The European Blockchain Sandbox (the ‘Sandbox’) is a pan-European dialogue between innovators who come up with particularly interesting, original and useful applications for blockchain technology, and the relevant regulatory authorities that would be involved in such a project. The Sandbox is running from 2023 to 2026 and each year is supporting 20 use cases on the European Blockchain Services Infrastructure (EBSI) ...
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 ...
Artificial intelligence (‘AI’) is revolutionising various industries and in today’s consumer-driven world, ensuring the safety of products is of paramount importance, more so when considering the innovative products being placed on the market. At the core of the AI Act [1] are requirements that providers, manufacturers, importers, and distributors of AI systems must meet before making an AI system available for use or distribution on the Union market ...
On November 7, 2024, Bill C-244, An Act to amend the Copyright Act (diagnosis, maintenance and repair)1 received royal assent, adding a new exception to the provisions governing technological protection measures (TPM) in the Copyright Act (CA). This legislative amendment adds section 41.121 to the CA, making it legal to circumvent TPMs for product maintenance, repair and diagnosis. What it means The new section 41.121 is expected to have a limited impact on the Canadian repair market ...
The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe. In this article we cover the applicability of NIS2 to digital infrastructure providers and digital services providers (collectively “digital providers”), an expansion in scope under NIS2 that represents a major shift for the EU’s digital sector ...
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 ...
Blockchain 2024 - Bermuda (Legal 500) 1. Please provide a high-level overview of the blockchain market in your jurisdiction ...
November 15, 2024 By: Artin Betpera, Christina Morgan and David Liu I. Introduction Any business operating a website needs to be aware of the proliferation of lawsuits targeting websites which use any type of customer tracking technology. While advantageous to the business in its marketing efforts, the data collection subjects the business to potential liability ...
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 ...
The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe. Given that cloud-based architecture is now considered the industry-norm, data centres have become the custodians of the vast majority of our digital economy and form a core aspect of any critical infrastructure or service ...
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 ...
Chapter 647 of the Laws of Malta, titled the Markets In Crypto-Assets Act (hereinafter referred to as “Chapter 647”), integrates all aspects of Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) ...
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 ...
The Krogerus Data Symposium 2024 brought together hundreds of data and AI experts on 23 October at Lasipalatsi to discuss the upcoming changes brought by the Data Act and the AI Act. This year, the programme highlighted both the practical challenges and opportunities that technological advancements and the EU legislator's responses to them will present to companies' operations ...
1. Introduction We are not only living in a digital age but also in an age where individuals and businesses increasingly depend on banks for their day-to-day activities. The convergence of these two factors is compounded with the increased use of artificial intelligence (AI) both generally and specifically in the banking sector. From a general perspective, AI start-ups in 2013 received USD 2 bn in investments globally which increased twelvefold in 2018 to USD 24 bn [1] ...
The Belgian takeover market is currently undergoing a full transformation. Three experts from the independent law firm, ALTIUS, share their insights about the new dynamics in the field of mergers and acquisitions (M&A). “We see clear links with restructurings, bankruptcies, and the evolution of the real estate market.” The new dynamics currently driving the takeover market in our country are the result of various factors ...
Integrating AI tools at work is not without danger. Three experts from the independent Belgian law firm, ALTIUS, explain how companies should best guard against ethical risks, data protection, intellectual property rights, and trade secrets. “It is essential that organisations teach their people to work with AI safely and responsibly ...
The Product Regulation and Metrology Bill (the “Bill”) was published on 4 September 2024 and will provide the Secretary of State with wide regulation making powers to replace, amend or update product safety legislation in the UK. Why is the Bill needed? The Department for Business and Trade’s impact assessment of the Bill stated that the “UK lacks powers to end recognition or to recognise new and updated EU regulations in GB” ...
The gaming industry, which has transformed from a niche market to a global powerhouse, has seen a significant surge in venture capital (VC) investment over the past few years. This trend is driven by the rapid growth of the gaming market, advancements in technology, and the increasing societal acceptance of gaming as a mainstream form of entertainment. Here’s a closer look at the emerging trends and key players in VC investment within the gaming sector ...
The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe. The major changes brought about by NIS2 include stricter security measures, new incident reporting obligations and will substantially expand enforcement powers for regulators ...
