The liability of online platforms relating to infringing IP material that appears on their platforms is an interesting topic. Who is liable for infringing material that appears on online platforms, the person who posts the material or the online platform? This was recently considered by the Court of Justice of the European Union (“CJEU”) in two separate cases. Some preliminary points Copyright news in South Africa these days is scant ...
On June 21, 2022, the government adopted Resolution No. 702 , which regulates the procedure for receiving partial unemployment benefits. From now on , self-employed persons and employees who have lost part of their income can count on assistance from the state. However, it should be noted that it is not the employee, but the employer who should seek help ...
Whither Advance Ruling under Income tax law? ‘Prevention is better than cure’ is an adage that applies equally to litigation - specially to tax litigation. Towards this end and based on several committee reports starting from Wanchoo Committee (1971) to Choksi Committee (1978) and Raja Chelliah Committee (1993), the Government eventually introduced a mechanism for advance rulings by inserting a new Chapter XIX-B in Income Tax Act 1961 (the Act) ...
The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities. Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...
The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities. Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...
The White House recently issued a report outlining potential incentives that may be available to companies that adopt the voluntary cybersecurity framework currently being developed by the National Institute of Standards and Technology (the “Framework”). Both the incentives program and the Framework are being developed pursuant to the February executive order aimed at improving the cybersecurity of America’s critical infrastructure (read our prior coverage of the executive order here) ...
The Second Circuit recently affirmed the dismissal of a False Claims Act lawsuit brought by the former general counsel of a clinical laboratory because the counsel disclosed confidential information in violation of state ethics rules. In Fair Labor Practices Associates v. Quest Diagnostics Inc., 2013 WL 5763181 (2nd Cir. Oct ...
This is the third in a mini-series of articles looking at whistleblowing claims. This article looks at the importance of having whistleblowing policies in the workplace. Having a clear and cohesive whistleblowing policy in place assists employees with making whistleblowing complaints in a correct and compliant way and enables employers to handle them effectively in response ...
In our fourth article on whistleblowing claims we focus on the need, in sensitive situations where concerns of serious (and perhaps even criminal) wrongdoing are raised, for the complaint to be dealt with confidentially and/or anonymously where possible ...
In the final instalment in our series of articles looking at whistleblowing claims, we look at types of whistleblowing claims and their potential remedy at an employment tribunal. Previously we looked at what amounts to a protected disclosure, how clear and effective policies in place helps employers to handle protected disclosures and the handling of complaints confidentially and/or anonymously ...
The President recently signed into law the Criminal Antitrust Anti-Retaliation Act (S. 2258) (116th Cong. (2020)), which amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004. It grants stronger protections to employees who come forward with claims of antitrust violations. Specifically, the law prohibits employers from discharge, demotion, or suspension, as well as any discrimination against any employee who assists in a government antitrust investigation ...
Note on how the national courts will reason upon the requests for additional evidences in appeal when the Suspension of civil procedures due to COVID-19 crisis will cease and the activity in courts will be resumed. Good news from the High Court of Romania! Even though most of the civil cases are suspendedex officiothroughout the state of emergency instated by the Decree no. 195/16.03 ...
Can a company collect data about a (potential) infection with COVID-19? Both, in case of information on a suspected case and in a confirmed case, special categories of personal data are processed. Whether a company may process such health data of employees, customers, suppliers or other third parties is exclusively governed by Art 9 GDPR ...
It is not uncommon to have a multi-tiered dispute resolution clause in construction and commercial contracts, setting out the agreed mechanism in the event that a dispute arises between the parties. For example, parties may be required under such clause to first attempt settlement by negotiating in good faith, before going on to mediation if the negotiation fails, and finally proceeding to arbitration if mediation also fails ...
In the second instalment of The Fintech Times' ‘Where to Relocate’ series, we turn the spotlight to the Cayman Islands as a VASP-friendly jurisdiction. Situated in the Caribbean, the Cayman Islands offer a unique blend of regulatory excellence, technological innovation, and a commitment to fostering the growth of digital assets ...
Taking agricultural land out of production to offset the impact of nitrate pollution from housing can generate income for its owner and benefit developers and local authorities. The problem Nitrogen and Phosphorus are essential nutrients for plants. Used as fertilisers they boost growth and increase crop yields. They are also a pollutant ...
The recent soap opera surrounding Kevin Pietersen and his off-on-off relationship with the England cricket team has dominated the sports media over recent months.There is no doubting that Pietersen is the most talented batsman available to England but, that said, for many well-rehearsed reasons (and various misdemeanours) he will not be selected ...
The Renters (Reform) Bill was given its first reading in May 2023 after five years of consultation and refinement. The Bill seeks to provide greater flexibility and security for residential tenants in England by imposing additional restrictions and obligations on private landlords. The reforms also look to improve the leasehold system through increased regulation, digitisation and standardisation. A noticeable omission from the Bill, however, is an exemption for private lettings to students ...
In the recent case of Atkins China Ltd v China State Construction Engineering (Hong Kong) Ltd, HCMP 1193 2020, the Plaintiff sought in its Originating Summons (i) a declaratory judgment that, as a matter of construction, a settlement agreement entered into between the parties had settled all claims and counterclaims arising under a Design Agreement; and (ii) a final injunction restraining the Defendant from taking further steps in the arbitration proceedings commenced in the name of the
To give effect to the constitutional right to privacy, on 20 August 2013, the National Assembly passed the Protection of Personal Information Bill (B9D of 2009), which is largely based on the European Data Protection Directive (to be replaced in due course by the stricter General Data Protection Regulation). The Bill was signed into law by the President on 19 November 2013 and was gazetted as the Protection of Personal Information Act 4 of 2013 (“POPI”) on 26 November 2013 ...
In Rushbond Plc v The JS Design Partnership LLP, England’s Technology and Construction Court held that the Defendant firm of architects was not liable for damage to the Claimant’s property caused by a fire started by intruders, when one of its architects left the door to the property open while inspecting it for a potential purchaser ...
In the recent case of T v W, HCA 366/2020, the Plaintiff had commenced court proceedings against the Defendant for HK$5 million plus interest payable under a post-dated cheque drawn by the Defendant. The Defendant applied to stay the proceedings to arbitration, relying on the arbitration clause in the Loan Agreement that referred to the cheque ...
