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Dinsmore & Shohl LLP | June 2022

Florida’s construction lien laws require a contractor to serve a contractor’s final payment affidavit “at least five days” before filing a lawsuit to enforce the lien. A general contractor recently had its lien rights reinstated when a court clarified how the number of days between the service of the affidavit and the filing of the lawsuit should be calculated and reversed a dismissal of the contractor’s lawsuit ...

To paraphrase Benjamin Franklin, if you fail to prepare, prepare to fail – and that certainly applies to selling a business or company. You might still sell it, but you will almost certainly sell it for less. Selling a business may be the most important decision a business owner may take and it is never too early to bring in quality advisors to assist with the sale process (and potentially to help find potential buyers) ...

Running a business can be an extremely rewarding experience, but it is not without its challenges. While pandemic-related restrictions have eased, rising energy costs and inflationary pressures continue to cause concern for UK businesses. Further, the personal impact that dealing with periods of distress can have on directors should not be overlooked ...

The Unified Patent Court (the “UPC”), which will have jurisdiction over most European patents, is due to commence operations at some point between the final quarter of 2022 and early 2023. It has been a long time coming and is part of the ‘Unitary Patent Package’. The aim of this package is to establish unitary patent protection within Europe, and to make it cheaper and easier for patentees to obtain and enforce patents ...

February’s Supreme Court ruling in Bloomberg confirmed that those under criminal investigation have a right, enforceable in the civil courts, to prevent publication of their identity until the moment they are charged. In this short article Gordon Downie, Partner in our regulation and markets team, considers some questions about the implications of Bloomberg, in particular for regulatory investigations ...

Prescription (Scotland) Act 2018  Prescription is the rule of law in Scotland that extinguishes certain rights and obligations after a period of time. This includes a right to recover damages for breach of contract. In Scotland, a contractual claim prescribes after five years; therefore formal proceedings, either court or arbitration, must be raised and served in order to stop the five-year period running.  On 1 June 2022, important changes to prescription become law in Scotland ...

Last year, the UK Government published its green paper and consultation on Transforming Public Procurement. The government response to the consultation was published in December 2021 and on 11 May the draft Procurement Bill (the “Bill”) was published. You can download a copy of the Bill here ...

Shoosmiths LLP | June 2022

Whilst every year throughout June we celebrate Pride Month, this is an extra special year; the 50 year anniversary of the first ever Pride event in the UK. #[email protected] Every June Pride Month is celebrated across the world to honour the 1969 Stonewall Riots ...

Shoosmiths LLP | June 2022

Using evidence given at the UK COVID-19 Inquiry in later criminal or other proceedings The Chair of the UK COVID-19 Inquiry, the Rt Hon Baroness Heather Hallett DBE ...

DFDL | June 2022

JOINT NOTIFICATION 0837 ISSUED BY THE MINISTRY OF COMMERCE AND THE MINISTRY OF POSTS AND TELECOMMUNICATIONS, dated 1 April 2022 On 1 April 2022, the Ministry of Commerce (“MOC”) and the Ministry of Posts and Telecommunications issued Joint Notification 0837 setting out requirements for locally registered companies to use a level 2 national domain name “.com.kh” and e-mail address with level 2 national domain name “.com.kh” ...

Dinsmore & Shohl LLP | June 2022

Oklahoma joins Florida in passing its own version of the Telephone Consumer Protection Act (TCPA) called the “Telephone Solicitation Act of 2022.” The legislation is set to take effect on Nov. 1, 2022.  The Telephone Solicitation Act (TSA) applies to telemarketing calls using an “automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called ...

Dinsmore & Shohl LLP | June 2022

Distributed ledger technology (DLT) has revolutionized transaction of data, assets, and value, including the proliferation of cryptocurrencies and other digital assets. In order to leverage this emerging and revolutionary technology, state governments across the United States are looking to clarify how DLT use cases, specifically blockchains and their various sub-use cases, are treated under state law. With the adoption of HB 177.05, Ohio has joined the fray ...

Mamo TCV Advocates | June 2022

A key feature of Undertakings for the Collective Investment in Transferable Securities (“UCITS” fund) is the Key Investor Information Document (“KIID”), which provides the retail investor with simplified information from the prospectus. UCITS also qualify as Packaged Retail Investment and Insurance Products (“PRIIPS”) ...

Kudun and Partners | May 2022

Following the abolition of the requirement to pay personal income tax on capital gains from cryptocurrency and digital asset trading on authorized digital asset exchanges in March 2022, the Thai Government has further eased tax rules by suspending the requirement to pay 7% value-added tax (“VAT”) on income derived from cryptocurrency and digital token trading until the end of 2023 ...

DFDL | May 2022

On 24 May 2022, the Port Authority of the Ministry of Transport and Communications (“MOTC”) under the State Administration Council (“SAC”) of Myanmar issued an invitation for bids to be submitted to conduct a feasibility study for the construction of a new international port terminal (“Project”) in Mawlamyine district of Mon State on the western coast of Myanmar’s southeastern peninsula ...

Financial Products and Services Consumer Protection Act On May 06, 2022, Republic Act (RA) No. 11765, or the Financial Products and Services Consumer Protection Act, was signed into law ...

Shoosmiths LLP | May 2022

Lauren Bowkett is a Principal Associate in the Financial Crime Team at Shoosmiths.  Her expertise is in white collar crime and Proceeds of Crime Act (POCA) related matters, with specific knowledge in the restraint and seizure of cryptoassets ...

After months spent collaborating on a loan application and waiting for HUD’s underwriters to judge its merits, the lender and borrower are thrilled to receive the HUD firm commitment, a major milestone on the path to closing. The parties lock the interest rate, draft loan documents, fine-tune title and survey, and assemble the pre-closing submission to HUD ...

On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service to two additional categories of Form I-140 immigrant petitions. This is part of a broader push by USCIS to reduce backlogs, increase efficiency, and speed up decisions on certain previously filed Form I-140 immigrant petitions ...

Governor Mike DeWine signed Ohio House Bill 81 on June 16, 2021, codifying a significant change regarding eligibility for temporary total disability benefits (TTD) under Ohio Revised Code §4123.56(F). By enacting R.C. §4123.56(F), the legislature intended to leave behind decades of case law concerning the doctrine of voluntary abandonment ...

On May 16, 2022, the Colorado Supreme Court issued an opinion that serves as a cautionary tale for health care providers hoping to bill patients at chargemaster rates. The court’s decision in French v. Centura Health turned on the meaning of the phrase “all charges of the Hospital,” as set forth in the hospital service agreement (HSA) signed by Ms. French. Centura argued that the phrase “unambiguously refers to a hospital’s chargemaster rates.” Ms ...

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