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Novartis Pharms. Corp. v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. June 21, 2022) In this week’s Case of the Week, the Federal Circuit granted panel rehearing of and vacated its prior decision in Novartis Pharms. Corp. v. Accord Healthcare, Inc., 21 F.4th 1362 (Fed. Cir. 2022).  Our write-up of that opinion can be found here ...

DFDL | June 2022

Pursuant to the enactment of the Myanmar Consumer Protection Law in 2019 (“Law“), the Ministry of Commerce (“Ministry“) under the State Administration Council (“SAC“) issued its implementing regulations by enforcing the Consumer Protection Rules (“CPR“). In this alert, DFDL draws attention to some of the salient features of the CPR ...

ALRUD Law Firm | June 2022

Invitation   Dear Ladies and Gentlemen,   ALRUD Law Firm is honored to invite you to our webinar dedicated to the upcoming reform of personal data legislation in Russia ...

Shoosmiths LLP | June 2022

The Court of Appeal has given some much-needed clarity on this issue in the recent decision of Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022]. In a majority judgment, the Court of Appeal reversed the first instance decision and held that the collateral warranty in question was a construction contract within the meaning of s.104(1) of the Housing Grants, Construction & Regeneration Act 1996 (the Construction Act) ...

Shoosmiths LLP | June 2022

In the lead up to the UK COVID-19 Public Inquiry, we look at the impact the pandemic has had on the Education sector. Education has been particularly badly affected by worldwide COVID-19 restrictions, with 184 country-wide school closures, leaving 1.53 billion out of school, and impacting 87.6% of the world’s total enrolled learners1. The move to online learning One of the biggest changes for the sector was the move to remote learning ...

Shoosmiths LLP | June 2022

In a judgment handed down on 14 June 2022 in The Federal Republic of Nigeria v JPMorgan Chase Bank, N.A [2022] EWHC 1447 (Comm) (FRN v JPMC) the court again considered the scope of the Quincecare duty and gross negligence. The decision is good news for Banks. The case related to the payment of over $1 billion by JPMorgan Chase (JPMC) to accounts held by a Nigerian company called Malabu Oil and Gas Limited (Malabu) ...

Dinsmore & Shohl LLP | June 2022

Regulation brings uniformity and security, which may feel anathema to the fundamental premise of distributed ledger technology (specifically blockchain and the nascent crypto industry blockchain technology allows) – a world that needs neither trust nor centralized authority. Nevertheless, two U.S. senators are pushing to reconcile these seemingly contrary positions and priorities ...

Buchalter | June 2022

June 23, 2022 By: Michael Flynn* According to statements by a Department of Justice official, corporate Chief Compliance Officers will in the future have to take a more exposed position by providing certifications in settlements with DOJ. Further, corporations should consider specific steps to take that DOJ would consider in evaluating whether the company has built an effective compliance program consistent with the required certifications ...

Mamo TCV Advocates | June 2022

Mamo TCV Advocates in collaboration with the Foundation for Human Resources Development (FHRD) have organised and delivered a number of lectures on various topics related to Maltese employment law including employment contracts, termination of contracts, occupational health and safety, GDPR and immigration, as part of the newly launched course, ‘Award in the Practical Applications of Maltese Employment Law’ ...

Dinsmore & Shohl LLP | June 2022

Dinsmore partner Michael Dailey was published in Bank Director with his article "Recent Developments to Combat Redlining." Read an excerpt below. Regulators have worked on a variety of anti-redlining proposals in recent months, including a joint initiative by the Department of Justice, the Consumer Financial Protection Bureau, and the Office of the Comptroller of the Currency. Initial reactions to the initiative expected it to focus on the redlining seen in the Trustmark Corp ...

Shoosmiths LLP | June 2022

Legal directory Chambers and Partners has today launched Global LawTech 2022, ranking Shoosmiths8 Connected Services Cia® and Matters+ as band one products. This global guide is part of Chambers’ professional advisor series and is its second report on the rapidly moving legal technology sector ...

Shoosmiths LLP | June 2022

The Supreme Court refuses to re-open lease contracting-out issues previously determined by the Court of Appeal. The Supreme Court has denied the Fragrance Shop’s request for leave to appeal the Court of Appeal’s decision in TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2021] EWCA Civ 688 ...

Hanson Bridgett LLP | June 2022

On June 15, 2022, the U.S. Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana (“Viking River Cruises”), holding that California employers can compel employees to arbitrate their individual claims under California’s Private Attorneys General Act (PAGA). Plaintiff Moriana had signed an employment contract containing a mandatory agreement to arbitrate any dispute arising out of her employment with Viking ...

Carey | June 2022

On June 20th, 2022, Law No. 21,459 (hereinafter, the "New Law") was enacted, repealing the Law No. 19,223 (which regulated the former cybercrime offenses), and including several new rules to adapt our legislation to the Cybercrime Convention of the European Council, known as the "Budapest Convention", and to the necessities of a modern society ...

University of Massachusetts v. L’Oréal S.A., Appeal No. 2021-1969 (Fed. Cir. June 13, 2022) In an appeal from the U.S. District Court for the District of Delaware, the Federal Circuit addressed (1) whether the district court relied on the proper claim construction to arrive at its indefiniteness conclusion; and (2) whether UMass was entitled to jurisdictional discovery before the district court granted a motion to dismiss based on lack of personal jurisdiction ...

Carey Olsen | June 2022

Bermuda remains a preferred jurisdiction in which to establish and maintain trusts (and increasingly, family offices). Bermuda's Courts and regulatory regime carefully balance privacy with the objective of maintaining appropriate regulation to preserve Bermuda's stellar reputation as a premier international financial services jurisdiction ...

Carey Olsen | June 2022

Purpose of the new legislation The new legislation is intended to achieve three objectives, to:   promote accountability, integrity and public confidence in the administration and management of the charitable sector in Guernsey; meet international standards aimed at preventing the third sector from being abused for criminal purposes; and  give comfort to donors that their donations will be used to achieve the purposes of the charity ...

Shoosmiths LLP | June 2022

Why a comprehensive exclusion of loss clause should cover 'wasted expenditure' - and how employers should resist. The Court of Appeal decision in Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited (February 2022 Court of Appeal) contains a short but important point for those drafting exclusion clauses - especially those that seek to exclude indirect and consequential costs, loss of profits, loss of opportunity, etc ...

The Second Circuit recently broadened the circumstances for when a public company should disclose government investigations. Bradley partner Elisha Kobre explains that companies will need to consider when reasonable investors would “want to know” about a probe, which is a higher standard than in earlier cases ...

Kudun and Partners | June 2022

Background On 23 May 2022, the latest amendment to the Public Limited Companies Act (No. 4), B.E. 2565 (2022) (the “PLC Amendment”) was published in the Government Gazette and it became effective on May 24, 2022. The PLC Amendment aims to facilitate public limited companies by allowing greater use of electronic communications in their business operations ...

Shoosmiths LLP | June 2022

The UK is facing a series of economic shocks, fuelled by the increased cost-of-living, the Ukraine war hitting the global supply chain, and lasting disruption of the Covid-19 pandemic. The combination of issues has led to shifts in shopping behaviours, working patterns and residential needs, while also impacting demand for space in traditional retail and leisure districts. Remedial action is needed to deal with these pressures and the resultant damage to UK high streets ...

Lavery Lawyers | June 2022

Québec has passed and enacted Bill 96, also known as An Act respecting French, the official and common language of Québec, a major reform to its Charter of the French Language ...

Shortly after his administration began, President Biden signed Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through The Federal Government." In April 2022, in accordance with this Executive Order, the Equal Employment Opportunity Commission ("EEOC") released its "Equity Action Plan," which contains several items that may impact employers ...

Lavery Lawyers | June 2022

In a judgement rendered on June 3, 2022,1 the Court of Appeal of Quebec reiterated that a judge who has an application for confinement in an institution before them must inform the parties when they consider that the psychiatric reports filed are insufficiently detailed. In these circumstances, the Court must allow the parties to remedy deficiencies in the evidence rather than dismissing the application. The Court of Appeal based its reasoning on the following articles: Article 268 of the C ...

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