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"Legal and Marketing Departments Must Work as a Team for Brand Protection and Promotion in the Sports Industry" by Kevin Brown in Professional Sports and the Law
Waller, April 2019

In the pre-digital age, companies that strategically focused on brand protection and promotion often included only those companies selling directly to consumers - typically through more limited print and radio/television media. Company lawyers and their marketing counterparts might communicate on an as-needed basis when direct legal threats to the brand arose (from customer class actions or competitor advertising claims) or for more routine trademark enforcement measures...

"The Show Must Go On": Protection Against Creditors during the COVID-19 Crisis
ALTIUS/Tiberghien, May 2020

Queen’s song was clearly not about COVID 19 but the message remains the same: even if the music industry is struggling, the show must go on! It is undeniable that, with the lockdown measures and other restrictions imposed by the Belgian government to fight against COVID-19, many companies have to deal with revenue loss while keeping high level of costs. This is particularly true for the cultural sector and the music industry with the cancellation of so many events...

‘Finfluencers’ – Are you Providing or Receiving Financial Advice?
MinterEllisonRuddWatts, June 2021

This week, the Financial Markets Authority (FMA) released aguideto talking about money matters online. Discussion on a range of financial topics such as money, budgeting, investing and spending have been increasing over the years. However, the line betweentalkingabout these topics can sometimes cross into the territory ofproviding financial advice, which is a regulated area subject to strict rules in New Zealand...

“100g of Mealworm Please!” – First Insect Approved under the Novel Foods Regulation
ALTIUS/Tiberghien, May 2021

On 3 May 2021, the EU Member states approved “dried yellow mealworms” as a novel food under EU Regulation 2015/2283. According to the applicant, mealworms can be used in a broad range of food products, such as bread, cookies, or pasta. A Commission implementing regulation will follow soon, which marks the final step and formally authorises the novel food. Mealworms are the first insect species to secure clearance as a novel food but more are likely to follow...

2019 New California Laws Impacting Cannabis Businesses
Hanson Bridgett LLP, October 2019

Governor Newsom has signed several bills that impact the cannabis industry by providing relief from federal income tax deduction limitations, encouraging minority participation, encouraging union membership, and clarifying some other existing regulations. The bills include: Assembly Bill 37 repeals the limitation on deductions for business expenses for cannabis businesses, which had previously conformed to Internal Revenue Code section 280E for state tax purposes...

2021 Predictions: Restructuring and Insolvency
Shoosmiths LLP, January 2021

There were big changes in 2020 in the world of restructuring and insolvency legislation with the introduction of two new restructuring tools: the Moratorium and the Restructuring Plan, as well as the reintroduction of Crown preference. However, due to the government-imposed moratorium while the pandemic runs its course, we have seen hardly any real effects of those reforms...

90-Day Tariff Relief Provides Retailers with Much-Needed Liquidity
Hunton Andrews Kurth LLP, April 2020

Importers that have suffered “significant financial hardship” due to COVID-19 may qualify for a 90-day pay extension for certain tariffs. On April 19, 2020, following calls for trade liberalization to ease economic pressures, the Trump administration issued an executive order, along with a temporary final rule by the US Department of Homeland Security’s Customs and Border Protection (CBP), which postpones the time to deposit certain duties, taxes and fees...

A Case of Foot in Mouth Disease
TSMP Law Corporation, December 2018

Whether you are a business pushing out an edgy ad campaign, or one with an unsolicited media crisis on your hands, in the age of the Internet you are just keystrokes away from things going “viral”. It is important to be prepared. Like many bad ideas, it started innocuously enough. In late November, Dolce & Gabbana uploaded a series of videos on its social media platforms that starred a young Chinese woman wearing a red sequin dress...

A Draft Technical Advisory Offers Guidance on Streamlining CEQA Review for Sustainable Transportation
Hanson Bridgett LLP, July 2021

The Office of Planning and Research (OPR) released a draft technical advisory earlier this month that outlines new and existing provisions of the California Environmental Quality Act (CEQA) that can streamline the environmental review of sustainable transportation projects. The new streamlining options arose from S.B...

A First Concrete Step in Combating Counterfeiting
Lavery Lawyers, April 2013

The production and circulation of counterfeit products have been an economic and social problem for some time. Not only can such products pose a safety risk to consumers who use them, counterfeit products also lead to considerable lost income for legitimate businesses, decrease consumer confidence in the marketplace and are often used to finance organized crime. The retail value of counterfeit goods seized by the RCMP increased from $7.6 million in 2005 to $38 million in 2012...

A Guide to Contract Work During the Crisis
ALRUD Law Firm, May 2020

In times of the ongoing crisis, associated with the spread of the novel coronavirus infection (COVID-19), and the introduction of epidemiological requirements and restrictions, many businesses have faced difficulties with contractual performance, including the failure in supply, cancellation of scheduled events and often cutbacks in profits and the impossibility to perform monetary obligations...

A Legal Obligation to Monitor your Social Media Pages?
ENSafrica, September 2017

Many of us are aware of the popular myth that ostriches believe burying their heads in the sand will make them invisible to predators. In other words, an “if I can’t see you, you can’t see me” approach. Even though scientists will tell you that this is not true, the approach seems to bear a resemblance to the online behaviour of some humans...

A New Hurdle in Prop. 65 Compliance: Inter-Supply Chain Information Requests
Verrill, August 2018

Most industry professionals are aware that a revised set of California Proposition 65 or “Prop. 65” regulations will take effect at the end of the month on August 30, 2018.  Prop. 65 is a so-called right-to-know statute that, among other things, requires manufacturers and retailers to provide any California consumer with a “clear and reasonable” warning prior to exposure to a chemical identified on a list developed and maintained by a California agency...

A Pandemic Upsets Supply Chains as Proposition 65 Enforcement Soars and New Regulations Take Effect
Hanson Bridgett LLP, April 2020

Key Points: Since Governor Newsom announced a state of emergency due to the COVID-19 outbreak, private Proposition 65 enforcement has increased by about 50%. Effective April 1st, new regulations clarify how manufacturers can satisfy their Proposition 65 warning obligations. These new regulations also clarify when retail sellers assume the burden under Proposition 65 to warn Californians...

A Practical Guide to Defective Product Compensation Claims under the Consumer Protection Act
Shepherd and Wedderburn LLP, July 2021

The Consumer Protection Act 1987 (the CPA) was enacted almost 35 years ago in order to implement EU law. The act introduced the concept of “strict liability” into the arena of product supply to certain users. This means that consumers who are injured by defective products can sue manufacturers without having to prove negligence.  This practical guide provides an overview of the CPA for consumers and manufacturers, with reference to recent key cases...

A Reality Check for Autonomous Shipping in 2018
Simonsen Vogt Wiig AS, April 2018

  Autonomous vessels are generating increasing interest in the shipping industry, both due to novelty and promising commercial benefits. However, despite all the buzz actual investments in projects involving autonomous vessels remain few and far between. This article will take a closer look at the commercial and legal realities explaining why there is no imminent sea change in sight...

A Supplier of Luxury Goods can Prohibit its Distributors from Selling Those Goods on a Third Party Internet Platform such as Amazon
Simonsen Vogt Wiig AS, December 2017

Coty Germany sells luxury cosmetics in Germany. It markets certain brands via a selective distribution network, i.e. through authorized distributors. Coty brought proceedings before the German courts against one of its authorized distributors, Pafümerie Akzente, in order to prohibit it from distributing Coty products via Amazon...

A Sustainable Future for Birmingham – Part 1
Shoosmiths LLP, June 2021

Birmingham - the nation’s second city and one that has changed greatly over the last twenty years. One thing that has not changed, however, is that Birmingham is a big polluter. Continuing growth, both in terms of the population and economy, has left the air quality in such a poor state that Birmingham City Council estimates up to 900 people per year die from diseases associated with air quality...

A Sustainable Future for Birmingham – Part 2
Shoosmiths LLP, July 2021

In the first article of this three-part series we looked at the future of personal transport. In this second piece, we turn to consider mass public transport and how it could play a significant part in the future of commuting.  Birmingham is beginning to make substantial changes to its transport infrastructure, but are the changes big enough? The Metro Opened on 30 May 1999, the West Midlands Metro provided a link between Wolverhampton and Birmingham...

AB 701 Continues the Recent Trend in California to Regulate Warehouse Distribution Centers
Hanson Bridgett LLP, October 2021

In 2021, warehouse distribution centers were at the forefront of California law, regulations, and environmental initiatives. These efforts seek to regulate labor practices of warehouse operators and the environmental impacts caused by the expansion and concentration of distribution centers over the last decade. This article summarizes AB 701 and other initiatives in California targeting warehouse distribution operations...

Additional Duties on Imported Vehicles and Parts May Result From New Investigation: Comment and Hearing Dates Imminent
Dykema, May 2018

Not long after President Trump announced that the U.S. would impose tariffs on steel and aluminum, the Department of Commerce launched an investigation that may lead to additional duties on imported vehicles and automotive parts. Effective, the Department will now examine whether imports of vehicles and auto parts threaten U.S. national security...

Addressing New Zealand’s sea freight challenges
MinterEllisonRuddWatts, October 2021

COVID-19 has generated significant challenges for New Zealand’s international supply chains, causing considerable disruption and cost increases for local businesses and consumers. Anyone reliant on sea freight is currently grappling with the consequences of an unexpected surge in global consumer spending that has led to record-breaking demand for shipping services and equipment, beyond available capacity...

Advance Payments Code
Shoosmiths LLP, March 2014

The Advance Payments Code provides a protection mechanism for local highway authorities to ensure that they are not unexpectedly required to meet the costs of new roads that were not intended to be maintained by the public purse. A local highway authority can serve a notice seeking the payment of, or security for, the estimated cost of construction for the private streets in a development (an APC Notice)...

Advertising Health Related Claims for COVID-19 Products
MinterEllisonRuddWatts, April 2020

Currently there is an increase in the production and sale of products to help deal with risks from COVID-19 such as face masks, hand sanitisers and other personal protective equipment. In some cases, these products are advertised with health related claims, including the prevention of COVID-19. With a rush to get products to market quickly in response to global demand there is an increased risk of unsubstantiated or misleading and deceptive claims...

Advertising limits imposed by the Brazilian Superior Court of Justice
Veirano Advogados, May 2012

Rrecently more than US$ 44 billion was invested in advertising campaigns in Brazil, a period during which CONAR, the Brazilian Advertising Self Regulation Council, rendered approximately 380 decisions, restricting, in some way, 221 advertising campaigns (2010). In 2011, this increased to almost US$ 52 billion, but the number of decisions issued by CONAR dropped to 325, limiting 215 commercials, mostly those broadcasted on television...

 

 

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