When the Supreme Court in 2020 issued its decision in Liu v. SEC, placing limits upon the Securities and Exchange Commission's ability to obtain disgorgement, many observers believed that the decision would significantly diminish the SEC's capability to seek and obtain significant disgorgement recoveries in civil enforcement actions alleging violations of the securities laws ...
Yesterday, in Romag Fasteners, Inc. v. Fossil, Inc., the U.S. Supreme Court unanimously held that a plaintiff in a trademark infringement suit is not required to show that the infringing defendant acted “willfully” to avail itself of the Lanham Act’s disgorgement remedy ...
Three separate bids are expected to be submitted to rescue Northern Rock ahead of today's government-imposed deadline.Following a series of government interventions, the chancellor is keen on a private sector rescue for the bank, which has already received £25 billion worth of loans from the Bank of England ...
Medical Cannabis approvals in the City have been the subject of intense negotiations, hearings, and appeals in the last two months. First, our law firm assisted the Apothecarium - Sunset (an additional location in the Sunset District for the medical cannabis dispensary called The Apothecarium currently near the Castro), in obtaining an approval at the Planning Commission ...
Individuals who participated in the Centers for Medicare and Medicaid (“CMS”) Quality Payment Program Merit-based Incentive Payment System (“MIPS”) in 2019 may request a Targeted Review of their performance feedback, including their MIPS final score and payment adjustment factor at the Quality Payment Program website. In July, CMS released the MIPS Performance Feedback and scores for eligible providers ...
Lauren Bowkett is a fraud and financial crime expert in the Business Crime and Compliance Team at Shoosmiths. She is an expert in confiscation proceedings under the Proceeds of Crime Act 2002 (‘POCA’) and has successfully intervened in numerous POCA cases to assert her clients third party interest rights ...
On Thursday, September 12, the Third Circuit decided United States ex rel. Chang v. Children’s Advocacy Center of Delaware, No. 18-2311. In a precedential decision, the panel held that when a relator has not requested a hearing on a government motion to dismiss a federal False Claims Act (FCA) qui tam action, the court is not required to hold an in-person hearing before dismissing the action ...
Decree-Law 30-A/2022was published on 18 April to approve the exceptional measures intended to ensure the simplification of the procedures for producing energy from renewable sources. These measures came into force on 19 April and will be in force for a period of 2 years. These exceptional measures have been published by the Government in the current macroeconomic and geopolitical situation ...
Legal Notice 201 of 2022 has been published on the 13th July 2022 and will come into force on the 2nd August 2022. These regulations were enacted with the aim of transposing the EU Work-Life Balance Directive which was introduced and became part of EU law in August 2019. The main provisions of this legal notice are the following: 1 ...
On March 28, 2020, the Act on Measures in Corporate, Cooperative, Association, Foundation, and Home Ownership Law to Combat the Effects of the COVID-19 Pandemic (COVID-19 Act) entered into effect. Among other things, the COVID-19 Act provides for substantial facilitations for stock corporations to hold general meetings. The most important innovation for use in practice is the possibility of holding general meetings entirely virtually, i.e ...
The USPTO has provided twoavenuesfor relief to trademark owners impacted by the novel coronavirus (COVID-19) pandemic: Applicants and registrants can claim the benefit of a30-day grace periodon many types of filings with deadlines between March 27, 2020 and April 30, 2020.1The requesting party must make the case that COVID-19 hasmaterially interferedwith meeting the deadline or paying the requisite fee. This alert mostly will elaborate on this grace period measure ...
Many companies have a keen interest in recycling and upcycling old products for resale, both for environmental and promotional purposes. But when those products contain third-party intellectual property, there can be trademark and copyright concerns. Dinsmore intellectual property partner Karen Gaunt wrote about this topic for Best Lawyers' Women in Law issue, out this month. Gaunt herself has been named a Best Lawyer multiple times since 2013. An excerpt of the article is below ...
The United Kingdom (UK) Economic Crime (Transparency and Enforcement) Act (the Act”) came into force on 15th March, 2022. A new Register of Overseas Entities will be created and held by Companies House. This new Act forms part of the UK government’s strategy to combat economic crime, while making sure that legitimate businesses continue to see the UK as a great place to invest ...
On April 24, 2008, the Union des Municipalités du Québec announced the launching of the Sustainable Mobility and Transport Policy. This purpose of this initiative is to develop a new culture regarding mobility and transport, reduce dependency on motor vehicles, facilitate access to affordable public transport, decrease energy consumption and reduce environmental impacts, including those related to greenhouse gas emissions ...
The COVID-19 pandemic has been not only causing major social upheaval but disrupting business development and the economy as well. Nevertheless, since last March, we have seen many developments and new projects involving self-driving vehicles (SDV). Here is an overview ...
The announcement on 30 June that the Subsidy Control Bill has been introduced into the UK Parliament is a very welcome development for those who have been waiting for the legal 'gap' in this area to be plugged. This short article outlines the key elements of the proposed new regime ...
On 12 May 2021, Prime Minister Boris Johnson committed to holding a Public Inquiry into COVID-19 that will place "the state's actions under the microscope". Demonstrating that it is independent, objective and fair is fundamental to an Inquiry’s purpose. We take a look at the extent to which the State can effectively examine itself in a Public Inquiry when it has ultimate responsibility for determining the remit, and therefore inevitably the scope of any conclusions ...
Earlier this year, the government announced its support for the passing of the Workers (Predictable Terms and Conditions) Bill. Should it become law, the Bill is set to bring huge change for tens of millions of employees in the UK who do not currently have a statutory right to request a predictable working pattern ...
On referral from Justice Alito to the full court, the Supreme Court of the United States on Wednesday denied an application to halt the enforcement of Pennsylvania Governor Wolf’s shutdown order ...
April 18, 2024 By: Leah Lively and Alexandra Shulman The Supreme Court of the United States issued an opinion on Wednesday, April 17, 2024, that will make it easier for employees to pursue discrimination claims against their employers based on job transfers or other non-pecuniary personnel decisions. In Muldrow v. City of St. Louis, Muldrow, a female police officer, alleged that she was transferred to a less desirable unit because a new supervisor preferred a male officer for the role ...
The United States Senate passed S. 945, the “Holding Foreign Companies Accountable Act” (the HFCAA), by unanimous consent on May 20, 2020. The HFCAA was first introduced in the Senate on March 28, 2019 by Senator John Kennedy (R-LA) and co-sponsored by Senator Chris Van Hollen (D-MD) ...
Since March 2020, the United States and Canada have agreed upon mutually reciprocal COVID-19 related travel restrictions. U.S. and Canadian officials mutually determined that “non-essential” travel between the U.S. and Canada “poses additional risk of transmission and spread of the virus associated with COVID-19 and places the populace of both nations at increased risk of contracting the virus associated with COVID-19 ...
What It Means: After 339 days of hearings over five years, and at a cost of almost $30 million, a court in British Columbia has expressed its opinion that the Tsilhqot'in Nation has aboriginal title to approximately 2,000 square kilometres of land, but stopped short of making that opinion legally binding by granting a declaration of aboriginal title ...
