In Harris v. University Village Thousand Oaks, CCRC, LLC, plaintiffs, residents at Defendant’s continuing care retirement community who had previously signed binding arbitration agreements in their continuing care contracts, argued that under applicable California law, the arbitration agreements were invalid and they could therefore litigate their claims in a court of law. Defendant University Village sought to enforce the arbitration provisions of the continuing care contracts ...
Overview On 4 November 2022, Sub-Decree 232 on the Management of Commercial Advertisements of Goods and Services (“Sub-Decree 232”) was enacted by the Royal Government of Cambodia. Sub-Decree 232 is one of 31 measures to promote fair trade and practices in business in line with the Five-Year Action Plan (2022-2026) prepared by the National Commission for Consumer Protection (“NCCP”) ...
Overview On 4 November 2022, the Ministry of Commerce of Cambodia issued two new regulations, namely, Prakas 226 on the Formalities and Procedures of Inspection and Investigation under the Law on Competition (“Prakas 226”) and Prakas 227 on the Conditions and Procedures of Negotiated Settlement under the Law on Competition (“Prakas 227”) ...
New Promulgated Law and Subsequent Regulations on Health, Administrative and Other Measures during Covid-19 Outbreak In response to the recent community outbreak of Covid-19 on 20 February 2021, the Royal Government of Cambodia (“RGC”) promulgated and issued a number of regulations, specifically: Law on Preventative Measures against the Spread of Covid-19 and other Highly Contagious Diseases dated 11 March 2021 (“Preventative Measures Law”); Sub-Decree 37 dated 12 Ma
Overview On 22 February 2023, the Ministry of Commerce (“MOC”) issued a new regulation on the Forms and Procedures for Issuance of Temporary Suspension Measures and/or Decisions by the Cambodia Competition Commission (“CCC”) to strengthen the enforcement of the Law on Competition (“Competition Law”) in Cambodia ...
In the recent judgment of The Center (76) Limited V Victory Serviced Office (HK) Limited HCA 1020/2020; [2020] HKCFI 2881, the Hong Kong Court of First Instance rejected a tenant’s argument that the tenancy agreement was frustrated due to the COVID-19 pandemic and social disruption ...
In our previous article, we reported that the court had refused to frustrate a tenancy agreement due to the COVID-19 pandemic and social disruption: The Center (76) Limited v Victory Serviced Office (HK) Limited HCA 1020/2020; [2020] HKCFI 2881. In this article, we will discuss several recent decisions on the same subject. The tenants’ arguments in all of these cases, that their payment obligations were discharged/suspended during the COVID-19 pandemic, failed ...
Ahead of the 2021 holiday season, as children dream about the toys that Santa Claus will bring them, let?s take a look back at a landmark decision that reviews what is copyrightable under the Copyright Act ...
Artificial intelligence (?AI?) is becoming increasingly sophisticated, and the fact that this human invention can now generate its own inventions opens the door to new ways of conceptualizing the notion of ?inventor? in patent law. In a recent ruling, the Supreme Court of the United Kingdom (?UK Supreme Court?) however found that an artificial intelligence system cannot be the author of an invention within the meaning of the applicable regulations under which patents are granted ...
The High Court has considered emergency response measures affecting the aviation sector. In two recent cases, aircraft lessors tried to enforce their lessees’ payment obligations, but were met with arguments that the leases had been frustrated. A contract is frustrated when an event arises after its formation and renders performance impossible, illegal or radically different from that which the parties had contemplated ...
To raise the Reynolds privilege established in the landmark English House of Lords decision in Reynolds v Times Newspaper Ltd[1] in a defamation claim, a defendant is required to establish that the matter was one of public interest and that the defendant practised “responsible journalism” in publishing the impugned words ...
Cyber frauds, in particular email scams, have become a common trend of crime in Hong Kong in recent years. Fraudsters use various means to deceive the victims into transferring money to unauthorised bank accounts. Upon discovery of the fraud and based on information obtained from the bank, the victim may apply for an injunction from the court to freeze the recipients’ bank accounts and if the victim is lucky enough, there will be some credit balance left to recover ...
Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner. What matters? Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner ...
Whereaw Canadian businesses have barely recovered from the first phase of Canada's Anti-Spam Legislation (CASL), which aims primarily to regulate the sending of unsolicited commercial electronic messages, a new series of requirments applicable to the unauthorized installation of computer programs came into force on January 15, 2015. Like the rules applicable to commercial electronic messages, the second phase of the CASL is based on an opt-in mechanism as opposed to an opt-out mechanism ...
The first anniversary of the entry into force of the new Canadian Patent Rules, which significantly changed certain practices surrounding the filing and prosecution of patent applications in Canada, is an opportunity to look back at the major changes that have had a significant impact on Canadian patent practice. Indeed, the past year has allowed us to observe the changes, which in certain aspects seem to be confusing for patent applicants, and to observe their effect in practical terms ...
The Court of Protection is a specialist Court, focussing solely on supporting vulnerable individuals. This past year has acutely highlighted the needs of those most vulnerable in our society and their dependency on others to help manage their affairs. The Court has had to adjust its practices in order to ensure that help and solutions are found for those lacking capacity with minimal delay ...
The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision. Mr Justice Mostyn, sitting in the Family Court, has recently provided further guidance about determining whether a party to litigation has mental capacity to litigate ...
Carey Olsen spotlights digital payments potential at 5th Annual International Tech Summit The Summit brought together visionaries, industry leaders, and innovators from around the world to explore the latest advancements in digital assets, blockchain technology, and fintech solutions ...
It seems logical that when a claimant requests that a claim be amended to include an additional condition based upon a theory of substantial aggravation, the easiest element to prove would be that the condition pre-existed the date of injury. Recently, in Houlihan v. Hamilton County, 2021-Ohio-3087, the Ohio First District Court of Appeals found that a claimant must prove a condition existed at the time of the injury before they can establish a substantial aggravation ...
The UK government’s 2022 Policy Paper on AI Regulation made no specific reference to generative AI models such as ChatGPT, the chatbot that has been taking the world by storm. Considering the speed at which such AI models are developing, however, and the interest they are attracting, the government may look to consider regulating them more explicitly. In such case, it is unclear whether the government will stick to the principles set out by Liz Truss’s administration ...
Key Points Title VII prohibits discrimination based on sexual orientation and gender identity. The holding does not change currently-existing legal obligations for California employers as discrimination based on sexual orientation and gender identity is prohibited under the FEHA. California employers should ensure they are complying with FEHA’s posting and training requirements. On Monday, June 15, 2020, the U.S. Supreme Court published a long-awaited opinion, Bostock v ...
In the matter of Ren Ci & Ors (FSD 210 of 2022), the Grand Court of the Cayman Islands granted a stay of proceedings in favour of a HKIAC arbitration pursuant to section 4 of the Foreign Arbitral Awards Enforcement Act ...
