Introduction The United States Trustee Program is part of the United States Department of Justice and oversees the administration of bankruptcy cases, including oversight of panel trustees. When a bankruptcy court grants a motion to appoint a Chapter 11 trustee, the United States Trustee (“UST”) is responsible for selecting and appointing the individual who will serve in such capacity ...
On December 3, the U.S. Patent and Trademark Office (“USPTO”) will make a major change to how it processes trademark applications, which is anticipated to affect filing strategies, work flow, and even budgets. Brand owners in the U.S. might be wondering what they need to know about the Trademark Modernization Act’s (“TMA”) shortened office action response deadline ...
While the Trump administration looks to pass legislation aimed at Dodd-Frank and the Consumer Financial Protection Bureau (“CFPB”), a lawsuit involving the extent of the CFPB’s authority and whether it can impose a $109 million penalty on a group of companies is continuing to be fought in a D.C. courtroom. In June 2015, PHH Corporation and a group of other companies asked the D.C ...
In September 2020, a team of MIT researchers published a paper in the IEEE Open Journal of Engineering in Medicine and Biology, testing the hypothesis that coronavirus carriers—even asymptomatic ones—could be accurately detected using artificial intelligence (AI) based on only a phone recording of a forced cough.If this hypothesis is correct, the COVID-19 test can be accessible to people worldwide ...
On 10 May 2023, theInformation Regulator(the “Regulator”), an independent body established to monitor and enforce compliance by public and private bodies with the provisions of the promotion of access to information act, 2000 and the protection of personal Information Act, 2013 (“POPIA”) announced that it had issued anEnforcement Noticeto the Department of Justice and Constitutional Development (“theDepartment”) in terms of POPIA on 9 May 2023 ...
In Rolfe v Veale, the High Court awarded summary judgment against claimants who alleged distress following an inadvertent data breach. Here, Philip Tansley and Matthew MacLachlan consider the court's reasoning and the broader implications for such claims ...
In Stadler v Currys, the High Court awarded summary judgment against a claimant who alleged distress following an inadvertent data breach. Here, Philip Tansley and Kathryn Williamson consider the court's reasoning and the implications of the decision. Introduction The High Court has last week handed down yet another useful judgment for defendants facing claims for breach of UK GDPR, misuse of private information, breach of confidence and negligence as a result of a data breach ...
The recent Warren v DSG decision may significantly limit the recent wave of data breach litigation by claimant firms. The High Court summarily dismissed claims for breach of confidence, misuse of private information and negligence. Introduction Last week, the High Court handed down judgment in Darren Lee Warren v DSG Retail Limited [2021] EWHC 2168 (QB), a decision that may significantly limit the recent wave of data breach litigation by claimant firms ...
Competition & Antitrust Resolution No. 237/2021 of the Secretariat of Commerce: New prices information regime for companies (SIPRE) By Agustín Waisman and Mercedes Pando Through Resolution No ...
Earlier this year, in a widely followed arbitration case, a unanimous panel of the New York Supreme Court Appellate Division, First Department, concluded that the New York County, Commercial Division, erred when it partially vacated an arbitration award on the ground that the arbitrators manifestly disregarded the law. As a result, the Appellate Division confirmed the arbitration award ...
On January 10, the United States District Court for the District of Columbia issued a long-awaited opinion which will allow the U.S. Department of Health and Human Services (HHS) to determine the means by which it will repay inappropriate cuts it levied against 340B participating hospitals’ Medicare reimbursement.[i] The District Court’s decision comes on the heels of the United States Supreme Court’s unanimous decision in American Hospital Association v. Becerra, 142 S. Ct ...
In a split decision on September 20 in Singletary v. Howard University, the D.C. Circuit reversed the dismissal of an FCA retaliation suit brought by a former Howard University veterinarian whose contract was cut short after she warned of unsafe conditions for animals in the medical school’s federally funded laboratories. No. 18-7158, 2019 U.S. App. LEXIS 28468 (Sept. 20, 2019) ...
The Eighth Circuit Court of Appeals held that a D&O liability insurer could not rely on ambiguous endorsements as a basis to deny coverage for claims brought by investors against its insured company and its CEO. Reversing the Eastern District of Missouri, the appellate court in Verto Medical Solutions LLC et al. v. Allied World Specialty Insurance Co., No. 19-3511 (8th Cir ...
The property rental sector and the relation between Landlords and Tenants could not remain unaffected by the current Covid-19 pandemic, and there is a need to protect Tenants from eviction proceedings due to their inability to pay rent during the pandemic and the period during which emergency lockdown measures are imposed by the Government of Cyprus. Within the framework of this reasoning, the Rent Control Law (Temporary Provisions) of 2020 was entered into force ...
Businesses face an increasing number of challenges and one of the most severe and potentially damaging is that of cybercrime. Fallout from a cyber-attack can result in both physical as well as reputational damage and the loss of business and customers. Chilling words - particularly given how much British businesses now rely on their online presence ...
Cuba’s stated goal of attracting billions of dollars in foreign investment combined with the United States’ effort to re-establish diplomatic ties with Cuba have sparked intensified interest amongst potential investors seeking to enter the Cuban market.As with any emerging market, potential investors must balance the potential risks faced in doing business with the potential return on their investment ...
This article first provides an overview of the current state of the crypto disputes landscape, which arises at a novel intersection of crypto, arbitration and insolvency. It then looks at the type of legal and practical factors that may be relevant to a creditor in deciding on a dispute strategy when faced with a financially distressed crypto company, including in the context of arbitration and liquidation proceedings ...
