The Ninth Circuit recently ruled against the government on jurisdictional grounds in the False Claims Act (FCA) qui tam case, United States v. United States ex rel. Thrower, No. 18-16408, 2020 U.S. App. LEXIS 24621 (9th Cir. Aug. 4, 2020), holding that a district court’s denial of a government motion to dismiss an FCA action is not immediately appealable under the collateral order doctrine and dismissing the government’s appeal ...
The Supreme Court on 10 May 2023 considered whether damage caused by an oil spill in 2011 could constitute a “continuing nuisance” – and so extend the limitation period for a claim ...
President Trump today signed a continuing resolution that will fund the federal government until December 11, 2020. The continuing resolution (the “CR”) also grants relief to the providers and suppliers that were preparing to repay the Medicare accelerated or advance payments they received in response to the COVID-19 pandemic ...
International Women's Day (IWD) is celebrated each year on 8 march to mark the progress made towards gender equality and what still needs to be done. Several months on, we reflect on learnings from IWD and the importance of continuing the conversation. The first IWD was celebrated in 1911 and it has since grown to become a global movement that is celebrated in many different ways ...
It behooves construction professionals, be they materials manufacturers, general contractors, or lower-tier subcontractors, to carry some form of commercial general liability insurance (“CGL Insurance”). Having such coverage alleviates some of the potential risk and financial exposure a construction professional carries on a particular project. That is, of course, unless the construction professional gets sued and the insurer refuses to pay ...
No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not much room for interpretation. The government was recently reminded of this cold, hard truth after it refused to grant a contractor an equitable adjustment of the contract price for purchasing wetland mitigation credits. In Kiewit Infrastructure W. Co. v ...
Irish Shell Limited v JH McLoughlin (Balbriggan) Limited, unreported High Court, 4 August 2005, Mr Justice Clarke This case is a good illustration of the application of the legal principles involved in granting an injunction while a related trial is pending (known as an interlocutory injunction). Facts: The plaintiff (Shell) sold a filling station in Balbriggan, County Dublin, to the defendant company in 2004 ...
The Supreme Court refuses to re-open lease contracting-out issues previously determined by the Court of Appeal. The Supreme Court has denied the Fragrance Shop’s request for leave to appeal the Court of Appeal’s decision in TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2021] EWCA Civ 688 ...
Misrepresentations and unfounded assertions of fact made to a party during pre-contractual negotiations can come back to bite you if they induce that party to enter into the contract. The Supreme Court case has emphasised that misrepresentations made to a non-contracting party can also result in liability for the party that made the misrepresentation ...
BAG, ruling dated May 13, 2020, 4 AZR 528/19 The employee's remuneration, referred to in an employment contract as "collectively agreed salary" is to be understood as a "dynamic reference clause". If a reference "to the collective agreements applicable for the Company" has been agreed upon in the employment contract, this reference is limited to the binding collective agreements applicable for the employer at the time the contract is concluded ...
On April 7, 2023, two federal judges in Texas and Washington State issued dueling opinions about the abortion medication Mifepristone, just hours apart. These two decisions come in the midst of growing tension about abortion laws in the United States after the Dobbs v. Jackson Women’s Health Organization decision released by the Supreme Court in 2022.[i] The Texas and Washington court opinions do not help reduce the confusion among healthcare providers and residents of the United States ...
The long-awaited and controversial Equality Bill (the Bill) has been published and laid before Parliament. Public consultations are scheduled on several of the measures outlined in this very significant piece of legislation, though it is not expected to come into force until the end of next year. With a General Election likely in June 2010, it remains to be seen how quickly the Bill will progress and how much of it will survive ...
The Singapore Convention cements the Lion City’s reputation as a dispute resolution hub, making mediation easier to enforce globally. Clients who come to see me about commercial disputes often ask for the same thing: fast resolution. I tell them that there are two tried-and-tested ways to resolve financial claims. First, you can litigate in court and have a judge make a legal ruling on the dispute, in the full gaze of the public ...
Resolution 849 of the Department of Cooperatives of the Ministry of Economy, Development and Tourism recently published, allows credit cooperatives under the supervision of the same, to refinance up to three installments in the payment of credits if they are delayed for terms of less than 30 days. since the publication of said resolution, on April 6, 2020. New credits or amendments may not be treated as such, for purposes of their rankings and provisions ...
On 24 November 2021 Shoosmiths hosted a webinar exploring recent developments and forthcoming changes in environmental regulation – the COP26 climate change conference, the Environment Act 2021 and trends in sentencing for environmental offences. COP26 David Symons, director of sustainability at WSP UK outlined the three main messages from the COP26 conference: The 1 ...
Reprinted with permission from the February 7, 2014 issue of Corporate Counsel. © 2014 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved. On Nov. 12, 2013, the U.S. Supreme Court declined to grant a writ of certiorari in Cariou v. Prince, leaving intact the decision by the U.S. Court of Appeals for the Second Circuit on copyright fair use in the context of appropriation art ...
Businesses in the UK entertainment and advertising industries ought to tread carefully when using popular characters born out of TV shows, books or other works unless they have the necessary rights or permissions to do so ...
Remember Nirvana? There have been reports about an interesting copyright infringement case involving the grunge band Nirvana, a band that is still associated by many with frontman Kurt Cobain. Yet this case does not involve music copyright. Rather it deals with copyright in an artistic work, a drawing. How about Dante’s Inferno? The case has been brought by a lady called Jocelyn Susan Bundy. Bundy is the granddaughter of C.W. Scott-Giles, a heraldry expert who died in 1982 ...
General aspects The Chilean Agency for Economic Development (Corporación de Fomento de la Producción - "CORFO") has announced a series of amendments to its venture capital investment fund financing programs: Early Technological Stages Fund ("FET"), Early Stages Fund ("FT"), and Development and Growth Fund ("FC"). The most significant changes approved by CORFO are listed below, distinguishing between amendments common to all programs and those specific to each one ...
On June 11, 2020, Resolution No. 29/2020 (“RES 29”) of the Chilean Economic Development Agency (“CORFO”), which approved the regulations that will govern the “Green Credit” program, was published in the Official Gazette. The RES 29 aims to endorse the investment in renewable energy projects during the economic contingency arising post Covid-19. (https://www.corfo.cl/sites/cpp/sala_de_prensa/nacional/10_06_2020_corfo_crea_credito_verde) ...
On June 30th, the following Resolutions issued by the Corporation for the Promotion of Production (“CORFO”, for its Spanish acronym), were published in the Official Gazette: Resolution Nº36. By means of this Resolution certain coverage programs were temporarily modified within the State of Constitutional Exception of Catastrophe due to public calamity ...
Current status: March, 26, 2020 The joint guidelines of the federal government and the German states of March 16, 2020 also provide for the closure of retail and wholesale stores and the partial closure of restaurants and food outlets. It is now at the latest that it becomes apparent how the COVID-19 pandemic will also have a direct impact on commercial lease law ...
The legislator acts - Special regulations on, among other things, deferral of claims, insolvency law, tenancy law and loan agreements in Germany to come. At the end of March, the German legislator adopted special regulations in response to the COVID 19 pandemic in fast-track proceedings. The law was passed by the German parliament (Bundestag) on Wednesday, March 25, 2020, and, in a special session, also by the German Federal Council (Bundesrat) on Friday, 27 March, 2020 ...
World: The COVID-19 pandemic has prompted all destinations worldwide to introduce restrictions on travel, research by the World Tourism Organization (UNWTO) has found. This represents the most severe restriction on international travel in history and no country has so far lifted restrictions introduced in response to the crisis. Following up on previous research, the latest data from the United Nations specialised agency for tourism shows that 100% of destinations now have restrictions in place ...
