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ENSafrica | March 2023

Namibia’s emerging green energy industry has the potential to create thousands of jobs and contribute billions to the country’s GDP. In November 2022, the Namibian Government released the Namibia Green Hydrogen and Derivatives Strategy Report (the “GH2 Strategy Report”) which drew significant attention from locals, who are anticipating the development of legislation for Namibia’s green hydrogen sector ...

ENSafrica | March 2023

The purpose of section 197 of South Africa’s Labour Relations Act, 1995 (“LRA”) is to protect and maintain employment in circumstances where a transfer of business takes place. In terms of section 197 and section 197B(1)(b), a “transfer” means the transfer of a business by one employer (the old employer) to another employer (the new employer) as a going concern ...

Carey Olsen | March 2023

Jersey offers a range of fund types and structures to suit the needs of sophisticated sponsors and investors including Jersey Private Funds, Notification Only Funds (also known as Eligible Investor Funds) and Collective Investment Funds (CIFs), such as Jersey Expert Funds and Jersey Listed Funds ...

People hoping Washington would closely follow Oregon into the regulated use of psilocybin overseen by licensed practitioners faced a delay when a committee of the Washington legislature converted Senate Bill 5263 from legalizing psilocybin services to calling for more research. On March 7, 2023, the state senate passed the substitute version of SB 5263 with 41 votes for passage and 7 opposed ...

ENSafrica | March 2023

With an aim of improving the efficiency and competitiveness of Kenya's productive resources, the Privatisation Bill, 2023 aims to replace the current Privatisation Act, 2005. President William Ruto has to privatise six to 10 state corporations to ease the burden on the exchequer and to raise financing for government projects through the Nairobi Securities Exchange (NSE) instead of seeking financing from external markets ...

Dinsmore & Shohl LLP | March 2023

In a busy Legislative Session, one bill passed that may go unnoticed, but will be of help to Boards of Education. Through House Bill 3146, the Legislature adopted the Uniform Public Meetings During Emergencies Act (“the Act”). The Act was proposed by the Uniform Law Commission (“ULC”), which provides states with non-partisan legislation that attempts to bring clarity and stability to state statutory law ...

Apple Inc. v. Vidal, Appeal No. 2022-1249 (Fed. Cir. Mar. 13, 2023) In our Case of the Week, the Federal Circuit allowed Apple’s challenge to the Patent Trial and Appeal Board’s (“PTAB”) Fintiv rules to proceed, at least on limited grounds regarding whether in promulgating the guidelines the USPTO failed to follow notice-and-comment rulemaking requirements under the Administrative Procedures Act ...

Mamo TCV Advocates | March 2023

  Mamo TCV’s position as one of the leading Maltese law firms was recognised again in this year’s Chambers Guide for Europe, which ranked the firm  as a “Band 1” law firm for “General Business Law” and “Band 2” for “Shipping”. Moreover, a number of our partners and associates were recognised as notable practitioners in their respective areas of practice ...

Shoosmiths LLP | March 2023

Amongst the pensions, childcare and other headline financial announcements in this week's Spring Budget, Jeremy Hunt signalled the Government's continued focus on Artificial intelligence (AI) as a targeted growth sector for the UK economy. The Chancellor pledged a £900m investment to support the development of supercomputing capabilities that can underpin the growth of the AI sector in the UK ...

Carey | March 2023

On March 3, 2023, the Court of Appeal of Santiago granted a constitutional petition for protection (“recurso de protección”) filed by a bookstore chain against the Municipality of Santiago for not adopting adequate and effective measures to prevent the installation of street vending in Ahumada Street ...

Lavery Lawyers | March 2023

?Clear skies overhead, patent marking protects well, innovation blooms.? ?Patent marking? is the practice of labelling a product to provide notification that it is protected by one or more patents. From a public perspective, it serves three related purposes: avoiding innocent infringement; encouraging patentees to give notice to the public and aiding the public to identify whether an article is indeed patented. (Nike, Inc. v. Wal-Mart Stores, Inc., 138 F.3d 1437, 1998, p. 1443) ...

Simonsen Vogt Wiig AS | March 2023

We are delighted that Lill Egeland, Halvor Klingenberg and Christian Reusch have strengthen their individual rankings with respectively Band 1 within Employment and Band 3 within Banking & Finance and Dispute Resolution ...

DFDL | March 2023

“An ounce of prevention is worth a pound of cure.” Benjamin Franklin For tax advisors, CFOs, and finance personnel throughout Cambodia, the last few weeks of March are typically extra stressful due to the 31 March deadline for filing annual Tax on Income (TOI) declarations with the General Department of Taxation (GDT). Cambodia’s tax system operates on the principle of self-assessment, meaning taxpayers declare and pay taxes based on their reading of tax regulations ...

Shoosmiths LLP | March 2023

The Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA) are increasing their scrutiny and enforcement of ‘green claims’ to protect consumers from 'greenwashing'. What are green claims? Green claims (also known as ‘environmental claims’ or ‘eco-friendly claims’) are claims that a product, service, or business provides a benefit or is less harmful to the environment ...

Shoosmiths LLP | March 2023

Following a wave of recent prosecutions in relation to cash fraudulently obtained through the various Covid-19 support schemes, we consider the criminal and civil ramifications on a legitimate business which has received cash from someone who has been prosecuted and offer some helpful tips to reduce the risk of your business inadvertently laundering the proceeds of crime ...

DFDL | March 2023

The Royal Government of Cambodia has issued the Sub-Decree on Requirements and Procedures for Business Combinations dated 6 March 2023 (“Merger Sub-Decree”). The Merger Sub-Decree elaborates on the prohibition on anti-competitive business combinations set out in Article 11 of the Law on Competition. The Merger Sub-Decree was officially implemented on its signature date (of 6 March 2023) and will be enforced within 6 months of that date ...

ENSafrica | March 2023

Grey-listing by the Financial Action Task Force (“FATF”) has major implications for countries and companies alike. These implications include reputational damage, economic consequences, and increased compliance costs, which can lead to restricted foreign investment and reduced capital inflows ...

ENSafrica | March 2023

Reliance on performance guarantees in infrastructure projects has gained traction in Uganda in recent years. A performance guarantee is a legal promise made by one party to another, and typically backed by a third-party financial institution, to ensure fulfilment of contractual obligations ...

Mamo TCV Advocates | March 2023

  Malta, as a European Union (‘EU’) Member State, is bound to apply the 2019 Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, also known as the Hague Judgments Convention, from the 1st of September 2023 ...

Regents of the University of Minnesota v. Gilead Sciences, Inc., Appeal No. 21-2168 (Fed. Cir. Mar. 6, 2023) The Federal Circuit’s only precedential patent opinion this week focuses on the written description requirement in the context of an anticipation analysis in the chemical arts.  Specifically, it concerns whether disclosures in asserted prior art were sufficient to disclose a claimed molecular structure ...

Shoosmiths LLP | March 2023

Sustained biodiversity loss since the industrial revolution has resulted in Britain being one of the most nature-depleted countries in the world. One response to this enduring problem are proposals to use the planning system to mandate biodiversity net gain (BNG) through the development management process.  The aim of the requirements is to secure a minimum 10 per cent biodiversity net gain from new developments, with effect from November 2023 ...

On March 1, 2023, the Department of Education (“DOE”) released guidance related to the instances in which it will require assumption of personal liability for an institution’s continued participation in Title IV programs. Last year, the DOE announced updated signature requirements for institutions’ Program Participation Agreements (“PPA”). Institutions entering into PPAs already agree to comply with regulatory requirements related to financial responsibility ...

In the waning days of 2022, FDA issued an updated Food Code with several important updates. FDA is responsible for more than a quarter of the U.S. economy, and the Food Code impacts virtually every American ...

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