The SEC Division of Examinations issued a Risk Alert on Feb. 26, 2021, providing the Division’s observations made during examinations of investment advisers, broker-dealers and transfer agents regarding digital asset securities. For purposes of the Division, digital asset securities are those digital assets that are securities ...
On March 30, 2022 the Division of Examinations of the United States Securities & Exchange Commission published the 2022 Examination Priorities. As in other years, the 2022 Examination Priorities document provides certain data regarding the scope of the examination program and the growth of the investment adviser community ...
On July 21, 2022, the Department of Land Conservation and Development (DLCD) adopted the Climate-Friendly and Equitable Communities (CFEC) rules. DLCD then filed the permanent CFEC rules with the Oregon Secretary of State on August 17, which are now in effect. To note, the rules are still up for appeal; on a petition for judicial review, the Court of Appeals could declare a rule invalid ...
A DMCC licensed company holding a valid service license (with one or more of the Eligible Service Activities (identified below)) can apply to the DMCC for a no objection certificate (NOC) to operate/conduct business onshore (i.e. in mainland Dubai outside of the boundaries of the DMCC free zone). The NOC, in itself, is not sufficient to operate onshore. The applicant company will also be required to obtain a permit from the local licensing authority (i.e ...
The development of online markets continues to pose challenges for legislators, who must balance the protection of IP rights owners with protecting traders against anti-competitive behaviour. Trademarks and copyright are particularly vulnerable to infringement on the Internet ...
Incorporating climate reporting into new, post-COVID-19, strategies will not only help achieve net zero targets but early adopters will be at the forefront of gaining valuable expertise, market resilience and better returns. There has been much discussion about the economic model for the global effects of COVID-19 and for our transition out the other side ...
Five years ago your CEO told you that your company had to have a “web” strategy. So, you learned everything about the Internet. You hired specialty law firms, bought software, and entered into web development and hosting agreements. You mastered all the web lingo. Now, all of that is passé ...
It is imperative that a company knows what data it holds, why it is holding it, where it holds it, and who has access to it. The old adage that information is power leads many to believe that holding on to as much data as possible is a smart institutional practice because you never know when you may need it. However, the opposite is true. The more data a company holds, especially data that it has no use for, the more at risk it is for a future data breach ...
Do you have the right to copy source code written and developed by someone else? The answer to this question depends on the situation; however, even in the context of open innovation, intellectual property rights will be the starting point for any analysis required to obtain such an answer. In the software industry, open-source licences allow anyone to access the source code of corresponding software, free of charge and with few restrictions ...
The courts have always dealt with big issues and complex questions. But are the courts the right place to tackle perhaps the biggest issue of all? In recent times there have been a number of high profile court actions relating to climate change, leaving courts in various parts of the world grappling with this complex and difficult issue ...
Recently, several African startups have been making positive impact in their communities leading to a number ofcountriesenactingor planning to establish a Startup Act. In this article, our Oluwapelumi Omoniyi examines the benefits of a Startup legislation and considers if Nigeria’s nascent startup ecosystem needs a startup Act ...
Thailand’s traditional alcoholic beverages have been developed for centuries and their growth potential has been recognized in the global market. Several indigenous alcoholic beverage brands have received international recognition and are sold globally. This has continued even though Thailand’s manufacturing of alcoholic beverages-related laws (the “Laws”) are very restrictive ...
In many aspects, the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”) has posed considerable challenges to organizations. One of the biggest concerns and the most frequently asked questions center around the concept of data protection officer (“DPO”). Though the obligations regarding the appointment of a DPO apply to both data controllers and data processors, it is important to note that not every organization needs a DPO ...
It is imperative that companies with government contracts, or those receiving federal grant funding, ensure that they have adequate cybersecurity protocols in place. The announcement by the Department of Justice (DOJ) of the Cyber Fraud Initiative strongly signals its intent to be aggressive in holding government contractors with lax cybersecurity standards and controls accountable ...
The Philippine Department of Justice (“DOJ”) has issued an opinion to the effect that the exploration, development and utilization (“EDU”) of solar, wind, hydro and ocean or tidal energy sources is not subject to the forty percent (40%) foreign equity limitation under Article XII, Section 2 of the Philippine Constitution ...
Domain names and trade marks are inextricably linked. The reason for this is simple – when a company needs to decide on a name at which it wants people to find it on the Internet, it generally opts for one of its own trade marks. As a result, the issues that crop up in trade mark disputes often crop up in domain name disputes too ...
The Digital Operational Resilience Act (“DORA”) is part of the Digital finance package adopted in 2020 by the EU Commission to further enable and support the potential of digital finance in terms of innovation and competition, while mitigating the risks arising from it. DORA enters into force on 16 January 2023 ...
Artificial intelligence technologies are extremely promising in healthcare.1 By examining, cross-referencing and comparing a phenomenal amount of data.2 AI lets researchers work more quickly at a lower cost3 and facilitates doctors’ decision-making with regard to diagnosis, treatment and choice of prescription. The integration of AI into the healthcare field can take various forms:4 Management of electronic medical records (e.g ...
There has been intense work on the IT security law 2.0 since the “German doxing case" of late 2018/early 2019 when large volumes of data of German celebrities and politicians were published. This bill will significantly extend the importance and the competences of the Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik (“BSI”) in information technology ...
The State Water Resources Control Board (“SWRCB”) released a draft of its General Waste Discharge Requirements for Winery Process Water (“Draft WDR”) on July 3, 2020 for public comment. Comments will be accepted by the SWRCB until August 5, 2020. California wineries should review the Draft Order carefully to determine whether they will be subject to its requirements and, if so, how it will impact their operations ...
The Office of the Personal Data Protection Committee (the “PDPA Committee”) published a draft regulation issued under the Personal Data Protection Act (2019) (the “PDPA”) relating to the cross-border transfer of personal data outside of Thailand (the “Draft Regulation”) on its website in September 2022 ...
Companies may purchase third party technology from time to time. When acquiring patents from outside the company, or from related entities, there are important factors to be considered. Here are certain issues for buyers when preparing a patent acquisition agreement. The buyer should first determine that all the record owners of the purchased Intellectual Property are party to the patent acquisition agreement. A particular patent may be assigned to a subsidiary of the seller ...
Collaboration took centre stage at the recent Transport and Energy (TE) Forum event, which brought together industry leaders both in the public and private sectors to explore the crucial need for increased cooperation across the landscape. The forum, marked by the tagline 'Further & Faster,' acknowledged the strides the UK has made in achieving new charge point milestones but underscored the imperative for continued progress ...
