On 28 May 2020 the Federal High Court (Bundesgerichtshof (“BGH”) handed down its judgment in the Planet49 case after a long legal dispute (we have already reported in detail on the previous instances including the judgment of the European Court of Justice). The Federal High Court’s judgement contains a large number of important statements which can only be fully assessed once the written grounds are published ...
On March 1st, 2015, the federal Minister of Finance, Joe Oliver, and the federal Minister of Natural Resources, Greg Rickford, announced important new measures to support Canada’s mining industry in a speech at the Prospectors and Developers Association of Canada (PDAC) 2015 Convention ...
The Federal Ministry of Transport and Digital Infrastructure (BMVI) is providing EUR 50 million annually until 2023 to promote computer games in order to strengthen Germany as a location for developers. In the now launched second phase, large-volume projects are being funded ...
On March 8, 2024, just days before it was set to take effect, U.S. District Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s (“NLRB’s”) recent rule on determining the standard for joint-employer status. The NLRB issued the rule on October 26, 2023. It established a seven-factor analysis, under a two-step test, for determining joint employer status ...
The Centers for Medicare and Medicaid Services' (CMS) vaccine mandate (Mandate)[1] has been preliminarily enjoined[2] on a nationwide basis due to a Nov. 30, 2021, decision by Judge Terry A. Doughty of the Western District Court of Louisiana, Monroe Division. Among other conclusions, Judge Doughty stated that mandating vaccination of health care workers should be done by Congress, not a government agency, although he also questioned whether even Congress had such authority ...
In response to a lawsuit filed by the State of New York, a judge in the Southern District of New York considered and invalidated parts of the Department of Labor's (“DOL”) Final Rule implementing the Families First Coronavirus Relief Act (“FFCRA”). The ruling, while currently only applying to employers in the Southern District of New York (i.e., New York City), could be instructive on how other courts consider the same provisions ...
A trio of federal statutes often referred to collectively as the P&A Acts, which includes the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), the Developmental Disabilities Assistance and Bill of Rights Act (PADD), and the Protection and Advocacy of Individual Rights Act (PAIR), authorize the creation and operation of a protection and advocacy system (P&A system) to monitor the care of individuals with mental illness and developmental disabilities ...
This week, in Teladoc, Inc. v. Texas Medical Board, 1-15-CV-343 RP, the U.S. District Court for the Western District of Texas, in one of the first federal decisions interpreting North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015), denied the Texas Medical Board immunity from an antitrust claim in a narrow reading of the state-action immunity doctrine. To read the full alert, click here ...
In Yves Choueifaty v. Attorney General of Canada 1 , the Federal Court of Canada has issued a significant decision concerning the assessment of patent-eligible subject matter, including the approach to be used for such assessment during the examination of Canadian patent applications ...
On 27 May 2020 the Federal Council adopted the Ordinance on Protecting against Cyber Risks (OPCy, available in French and German), which is set to enter into force on 1 July 2020. This move is the next step in a series of measures taken by the Federal Council to adopt a new organisational structure and implement a national strategy to protect Switzerland against cyber risks (NCS, available in German, French, Italian and English) ...
Many federal contractors are required to file Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Reports). Generally, employers that are subject to Title VII of the Civil Rights Act of 1964, as amended, and has 100 or more employees must file an EEO-1 Report with the Equal Employment Opportunity Commission (EEOC) ...
Starting January 30, 2022, new federal contracts that are not procurement contracts must include a clause requiring federal contractors to pay at least $15 per hour to workers performing work on or in connection with the federal contract. That minimum wage rate will increase annually based on changes to the Consumer Price Index. The federal government predicts that this requirement may impact over half a million firms. Federal contractors with procurement contracts (i.e ...
On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s vaccine mandate that applies to all federal contractors and subcontractors in covered contracts in any state or territory of the United States ...
The Federal Civil Liability Law was published in the Federal Official Gazette on December 31, 2004 and entered into full force and effect in January 1, 2005. This law has as its objective that of determining the bases and proceedings for recognizing the right to claim indemnification by those suffering loss or damage as a consequence of improper actions of the executive, legislative, and judicial branches of the federal government and its agencies ...
The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”), in In re Simon Shiao Tam, held the seventy-year old disparagement clause of Section 2(a) of the Lanham Act unconstitutional on December 22, 2015. Under Section 2(a), a trademark shall be refused registration if it consists of “matter which may disparage…persons, living or dead… or bring them into contempt, or disrepute ...
The Fourth Circuit Court of Appeals (covering Virginia, West Virginia, North Carolina, South Carolina, and Maryland) held that gender dysphoria, a condition experienced by some transgender individuals, is a protected disability under the Americans with Disabilities Act. See Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022) ...
On April 7, 2022, Finance Minister Chrystia Freeland tabled the federal government?s new budget for 2022. This budget includes several tax measures relevant to the mining industry in Canada. The Canadian federal government intends to provide $3.8 billion over eight years to implement Canada?s first critical minerals strategy ...
The March 4, 2010 Federal Budget introduced some targeted measures of interest to companies in the technology industry, as well as private equity and venture capital funds investing in technology companies ...
On October 29, the OCC, the Federal Reserve, the FDIC, the NCUA and the CFPB (collectively, the “agencies”) issued a Notice of Proposed Rulemaking (“NPR”) to clarify and make into a rule the prior Interagency Statement Clarifying the Role of Supervisory Guidance issued on September 11, 2018 (“2018 Statement”). Comments on the NPR are due within 60 days of the date the NPR is published in the Federal Register ...
On Dec. 3, 2019, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), the Financial Crimes Enforcement Network (FinCEN) and the Office of the Comptroller of Currency (OCC) in conjunction with the Conference of State Bank Supervisors (CSBS) issued a joint statement entitled “Providing Financial Services to Customers Engaged in Hemp-Related Businesses ...
In a split decision with far-reaching implications for both government contractors and the private bar, the U.S. Court of Appeals for the Federal Circuit, in Inserso Corporation v. U.S., recently addressed timeliness and waiver issues in the bid protest context. The facts of this significant case, the majority and dissenting opinions, as well as key takeaways for federal contractors and their attorneys, are discussed below. The Facts The U.S ...
Earlier this summer, the U.S. Court of Appeals for the Federal Circuit issued a split decision in Inserso Corporation v. U.S. that we argued had far-reaching implications for both government contractors and the private bar, relating to timeliness and waiver issues in the bid protest context. The Federal Circuit recently issued another decision, The Boeing Company v. U.S ...
Here are select February 2013 rulings of the Supreme Court of the Philippines on commercial law:Corporation; liability of officers and directors. Basic is the rule in corporation law that a corporation is a juridical entity which is vested with a legal personality separate and distinct from those acting for and in its behalf and, in general, from the people comprising it ...
