“The deference that Chevron requires of courts reviewing agency action cannot be squared with the [Administrative Procedures Act].”[1] The Administrative Procedures Act[2] (the “APA”) is a federal law that outlines the procedures that federal agencies must follow and provides federal courts with guidelines for reviewing the actions of these agencies ...
In a special report prepared with Conventus Law, SyCipLaw partner Ma. Patricia B. Paz-Jacoba and senior associate Ramon I. Rocha IV gave updates on the Philippines' enhanced Anti-Money Laundering (AML) enforcement framework, and provided insights for organizations looking to adopt a more proactive approach to AML compliance and risk management ...
Since our last edition, our team hosted a seminar regarding ad hoc and institutional arbitration. In this edition we present some of the key takeaways from this event. This edition also include an analysis of the use of limitation of liability clauses, based on guidelines set out in the most recent case law. Further we follow up on the latest climate litigation trends. We give you the details on the UK Supreme Court’s ruling concerning environmental impact assessments of combustion ...
Conflicting interpretations of the causation standard in two AKS-predicated False Claims Act cases in the District of Massachusetts, Teva and Regeneron, mirrored the circuit split on the issue and led to interlocutory appeals before the First Circuit. The court’s eventual decision could have a major impact on the national landscape around this high-stakes question ...
Shoosmiths brings together leading developers, asset managers and investors, as well as energy, planning, policy and legal experts, for a roundtable discussion on overcoming power supply challenges to support the delivery of innovative and resilient developments that balance financial and environmental objectives ...
Malta has been a forerunner in regulating digital assets with the introduction of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (the “VFA Act”) back in 2018. Following its approval in 2022 and publication in 2023, Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) has an 18-month window to become fully enforceable by 30th December 2024 ...
Carey Olsen announces new executive leadership team Current group managing partner Alex Ohlsson, who has led the firm's international expansion and held a pivotal role in establishing Carey Olsen as one of the world's leading offshore law firms, is to become group chairman. He will succeed John Kelleher, a key player in the success of the firm, who has served more than 12 years in the role and will remain at Carey Olsen as a partner in the Jersey litigation team ...
Ban on foreign information security services from “unfriendly” jurisdictions Decree No. 250 of the Russian President dated 1 May 2022 “On Additional Measures to Ensure the Information Security of the Russian Federation” previously imposed restrictions on the ****use of foreign information security means**** ...
The Board concluded that the NDPA does not have authority to impose coercive fines in ongoing cross-border cases. Only in exceptional cases may concerned data protection authorities, such as the NDPA, adopt provisional measures until three months on its own territory. The GDPR sets out that national powers, such as coercive fines, shall not impair the effective powers of the cooperation and consistency mechanism ...
The Automated Vehicles Act (the Act) outlines the safety requirements that manufacturers and operators of automated vehicles will need to meet in order to deploy their goods and services on UK roads. In this article Ben Gardner outlines the key safety areas that will need to be considered ...
Carey Olsen promotes six lawyers to the partnership across Bermuda, Cayman Islands, Guernsey and Jersey offices The six promotions bring the total number of partners across the Carey Olsen group to 84. Carey Olsen group managing partner Alex Ohlsson said: "Congratulations to Michelle, Richard, Tim, Rachel, Andrew and Nienke on their thoroughly deserved promotions ...
The federal government has announced a new policy that will grant a path to work authorization and legal status for the undocumented spouses of U.S. citizens. The policy, which is known as “parole in place” or “PIP,” is expected to be similar to the existing PIP program in effect for family members of U.S. military personnel ...
The latest YouGov election poll is predicting that we are likely to have a Labour government on 4 July and this brings uncertainty for the Private Equity (PE) industry, specifically around the carried interest regime.Historically, it seemed to be a forgone conclusion that the carried interest ‘loophole’ would be closed should Labour take control of parliament ...
Bill Gates said in a blog post: “The development of AI is as fundamental as the creation of the microprocessor, the personal computer, the Internet, and the mobile phone. It will change the way people work, learn, travel, get health care, and communicate with each other. Entire industries will reorient around it. Businesses will distinguish themselves by how well they use it ...
In its Primary Market Bulletin 49 (PMB 49) (published in May 2024), the UK Financial Conduct Authority (FCA) issues a reminder to premium listed companies incorporated in the UK of their continuing disclosure obligations under the Listing Rules (LR). FCA issues reminders to listed companies on disclosure obligations The reminders emerged following a thematic 2023 review (the review) looking at disclosures made pursuant to LR 9.4 and LR 13 ...
Whilst the impact of the upcoming general election remains to be seen, the Government has recently proposed scrapping the Commercial Agents Regulations for new agency arrangements. Background The Commercial Agents (Council Directive) Regulations 1993 (CAR) implement the Commercial Agents Directive (86/653/EEC) (Directive) ...
Shoosmiths’ FinTech partner, Luke Stubbs, was a speaker at the recent FinTech Week London Conference, participating in a panel discussion focused on international payments. FinTech Week London reflects the City's role as a FinTech hub and comprises a week of events culminating in a major conference, which Shoosmiths was proud to sponsor ...
On 23 May, the Procurement Act 2023 (Commencement No.3 and Transitional and Saving Provisions) Regulations 2024 were signed, setting out the confirmed go-live date of the Procurement Act of 28 October 2024. On 24 May, the Cabinet Office published the latest tranche of its official guidance on the Procurement Act. The Cabinet Office has arranged the guidance documents under the four stages of the commercial pathway: Plan; Define; Procure; Manage ...
As we have previously commented, once COVID came along force majeure became, understandably, a hot topic but case law on the subject was light. We are now however starting to see a trickle of cases emerging which consider force majeure. In RTI Ltd v MUR Shipping BV however, the Supreme Court has now handed down a significant judgment that clarifies the rights and obligations of contracting parties under a force majeure clause ([2024] UKSC 18) ...
On June 17, 2024, the Chilean Comptroller General of the Republic ("Comptroller") approved DS No. 13 of 2022, of the Ministry of Energy ("Decree"), which (i) amends the regulation of gas installers; and (ii) approves the Safety Regulation of Hydrogen Installations (the "Regulation"). Following the approval by the Comptroller, the decree will enter into force once it has been published in the Official Gazette, notwithstanding the transitory provisions regulated therein ...
On August 1st, 2024, Law No.21,643 which amends the Labor Code regarding the prevention, investigation and sanctioning of labor, sexual harassment and workplace violence (the “Law”), will enter into force. General Ruling No.3813 (“General Ruling”), issued by the Superintendence of Social Security ("SUSESO") on June 7th, 2024, provides technical assistance in all matters covered by the new Article 211-A of the Labor Code ...
On August 1st, Law No.21,643, which amends the Labor Code regarding the prevention, investigation and sanctioning of labor, sexual harassment and workplace violence (the “Law”), will enter into force. In this context, on June 7th, 2024, the Labor Board issued ruling No. 362/19, which establishes the meaning and scope of the amendments introduced by the Law (the “Ruling”). The most relevant aspects of the Ruling are the following: 1 ...
On 12 June 2024, the Office of Rail and Road (ORR) published its final report, ‘Railway Station Catering Market Study’. It evaluates the effectiveness of competition in station catering and whether the market is delivering value for money for passengers and taxpayers. The ORR has identified barriers to competition, such as limited space and protected leases ...
