In Praxair Distrib., Inc. v. Mallinckrodt Hosp. Prods. IP Ltd., 2016-2616, -2656, in a decision authored by Judge Lourie, the Court of Appeals for the Federal Circuit held that the printed matter doctrine is properly applied during claim construction and can include not just printed matter, but also mental steps ...
The Insolvency Practitioners Act, the Pre-Insolvency Act and the Commercial Code (Amendment) Act were passed by the House of Representatives on the 14th of December 2022 and were assented to by the President on the 23rd of December 2022. For more information, please see our articles on the Proposed Pre-Insolvency Bill, on the Proposed Insolvency Practitioners Bill and on the three proposed Insolvency Bills, collectively ...
Experts from Shoosmiths and BDO recently led a panel discussion regarding the upcoming introduction of Solent’s Freeport. Shoosmiths’ Kirsten Hewson (head of real estate), Stephen Porter (head of corporate) and Solent office head Paula Swain (also a board member of the Solent Freeport Consortium & Solent LEP) discussed the upcoming development. Also on the panel were Cllr ...
By: Artin Betpera The Telephone Consumer Protection Act has for over a decade been a source of significant legal risk for any business that communicates with consumers by phone or text. The TCPA prohibits making calls without consent to cell phones using an “Automatic Telephone Dialing System” (“ATDS”), and contains a private right of action that provides for statutory damages of $500 up to $1,500 per offending call or text ...
Background The return to democracy in October of 1982 arrived with a “social debt” derived from the days of the Siles Zuazo government, which, by giving way to the workers’ demands, caused Bolivia to enter into a hyperinflationary downward spiral. The Government of Siles Zuazo ended one year before the end of its term (as Mesa did), allowing Dr. Víctor Paz Estensoro to come to power through the general elections of 1985 ...
A Los Angeles Police Department Captain was en route to a homicide scene when he received a radio call for a robbery in progress. The Captain noticed a patrol car parked in the alley near the robbery location which was not responding to the call; the Captain assumed it was a traffic car on a different radio frequency, and decided to respond to the call himself. As he was arriving, he saw the patrol car back up and leave the area ...
According to the Court Service, around 80% of cases presently in the family courts of England and Wales involve at least one of the parties acting as an unrepresented litigant in person. Since 2013, when public funding for almost all family court cases was stopped, numbers have been steadily rising. The reasons are simple; many people decide to represent themselves in an attempt to avoid expensive legal bills ...
This is a briefing on the following issuances as of May 10, 2020 in relation to the COVID-19 pandemic: A. Suspension of Periods to File Applications and Other Documents with the Department of Labor and Employment (DOLE) B. Issuances Supplementing the Inter-Agency Task Force on Emerging Infectious Diseases’ (IATF) Omnibus Guidelines on Community Quarantine (Omnibus Guidelines) C ...
Whether witnesses can be asked leading questions is a vital issue for fair trials, but is treated inconsistently in Polish litigation practice. Inspiration can be sought from the rules that have worked for years in common-law jurisdictions. Polish litigators generally share the belief that a witness should never be asked a leading question—that is, a question that suggests to the witness what the “right” answer should be ...
In July, the Antimonopoly Committee asked the Ministry of Strategic Industries to update the conditions for providing state aid to companies that develop, manufacture, repair, and service aviation equipment and engines. What to update and how, the committee wrote in recently adopted recommendations . Asters lawyer Olena Gadomska told Mind what the latter envisage, why AMCU is resorting to such changes and who they will affect ...
Controversially, the ‘Everyone Wins’ goody bags gifted to this year’s Oscar nominees included “the title of Lord or Lady of Glencoe, along with a small plot of land in Scotland”. However, the recipients may be disappointed to learn that this particular ‘freebie’, distributed alongside gourmet foods, cosmetic surgery, and luxury trips, confers neither title nor ownership ...
The Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) are seeking to improve the operational resilience of the UK financial sector. This applies to many organisations, including: banks building societies, PRA-designated investment firms and insurers. The new rules and guidance will come into force on 31 March 2022. By then, firms must have identified any vulnerabilities in their operational resilience ...
On January 3, 2012, the Ontario Superior Court ordered that Solid Gold Resources Corp. ("Solid Gold"), a junior mining exploration company, be enjoined from carrying on any further mineral exploration activity for 120 days on a parcel of land claimed by the Wahgoshig First Nation ("Wahgoshig") as its traditional territory ...
Dear Ladies and Gentlemen, We would like to inform you that the Office of the Prosecutor General of the Russian Federation (hereinafter - the "Prosecutor General Office") has prepared a number of amendments and suggestions in the field of counteracting corruption offences. Suggestions have been prepared pursuant to the instruction given by the Presidium of the Presidential Council for countering corruption ...
Under the GDPR, transfers of personal data are permitted without restriction to countries that the European Commission (the "EC") has assessed as providing an "adequate" standard of protection for personal data. The current list of countries considered "adequate" is Andorra, Argentina, Canada (for commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay and the United Kingdom ...
The phrase ‘national security’ is at the heart of but not defined in the National Security and Investment (NSI) Act 2021. There are some insights from related legislation and other sources, but the absence of definition means there is legal and consequently business uncertainty. From 4 January 2022 when the NSI Act 2021 came into full effect, the meaning of national security became crucial to M&A activity concerning the UK ...
The Association’s claim is a torts claim on behalf of approximately 400.000 residential alarm customers against the two major Norwegian alarm companies. Sector and Verisure colluded over eight years and were fined NOK 1,2 billion (120 million euros) by the Norwegian Competition Authority. The question that the Supreme Court shall decide is whether third-party financing in opt-out class actions can be permitted under the Norwegian Dispute Act ...
The underlying dispute relates to the MV «Cheshire»-incident in 2017, where a cargo of fertiliser was subject to a major decomposition incident. The fertiliser that was carried on the vessel was damaged, and the vessel was declared a total loss. In February 2020, Oslo District Court ruled in favour of the cargo interests, holding the carriers liable for the cargo loss (approx. USD 25 million) (TOSLO-2017-180657-1). The carriers have appealed the judgement ...
The underlying dispute relates to the MV «Cheshire» incident in 2017, where a cargo of fertiliser was subject to a major decomposition incident. The fertiliser that was carried on the vessel was damaged, and the vessel was declared a total loss. In February 2020, Oslo District Court ruled in favour of the cargo interests, holding the carriers liable for the cargo loss (approx. USD 25 million) (TOSLO-2017-180657-1). The carriers have appealed the judgement ...
The Norwegian Supreme Court delivered its judgement in the so-called Fosen-Linjen case 27 September 2019 (HR-2019-1801-A). The Fosen-Linjen case has been much debated the latter years, inter alia because it has been the only Norwegian case to have been subject to two EFTA Court referrals, cf. the decisions of the EFTA Court in cases E-16/16 (Fosen-Linjen I) and E-7/18 (Fosen-Linjen II) ...
On Wednesday 18 March 2020, the Norwegian Government put forward a bill which will give the Government vast authorization to fight Covid-19 and its consequences for the society. Today, 21 March 2020, a more narrow Corona act was adopted by the Norwegian Parliament. Read more about the initial proposal. After the initial critical voices, the Parliament chose to initiate a speedily hearing, where it invited i.a ...
On 15 March 2020, the Norwegian government presented their proposal for new loan and guarantee schemes in the total amount of NOK 100 billion, to strengthen Norwegian companies' liquidity during the Covid-19 outbreak. The proposal includes: A NOK 50 billion funding which will be applied to issue guarantees in favour of banks as security for new loans granted to small and medium sized companies ...
