Member Blog Posts

    Blog: The Business Law Blog

    Head in the Clouds? BC Introduces Retroactive PST Changes on Affecting Purchasers of Cloud-Based Computing Software

    Retroactive changes to the Provincial Sales Tax Act (British Columbia) (the “PSTA”) were announced February 22 by the BC Government in its 2024 budget. Should the enacting legislation[1] receive royal assent, the changes will be effective as of April 1, 2013. The most impactful changes would be: A retroactive expansion of the applicability of the PSTA that imposes a requirement on purchasers to pay PST on the purchase price of software acquired for use in BC; and An expanded definition of “software” for purposes of the PSTA. The BC Government’s stated pur...

    Blog: BuildSmart

    PPP and Pandemic Fraud Recoveries Significant for DOJ in FY 2023

    The Department of Justice (DOJ) recently announced that it obtained more than $2.68 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 23, 2023. DOJ reports that “matters that involved the health care industry” again comprised the largest portion of these FCA recoveries, but that “pandemic fraud” recoveries also...Continue Reading

    Blog: Appellate Insight

    Post-Trial Motions and Time to Appeal

    If you’ve ever sought the advice of an appellate attorney, or have any experience with appellate law, you probably already know that timely filing of the notice of appeal is critical. In a civil appeal, allowances for a tardy notice are limited to public emergencies, such as earthquake, fire, or the destruction of the courthouse. […]

    Blog: Real Estate Law Blog

    BC Budget 2024 – Real Estate Tax Highlights

    On February 22, 2024, British Columbia’s 2024 Budget was introduced. Included in the Budget are the following measures relating to real estate taxes: [1] New Home Flipping Tax: The home flipping tax will apply to income from the sale of certain residential property sold on or after January 1, 2025 that was owned for less than 2 years. The tax rate will be 20% for properties ...

    Blog: Hunton Employment & Labor Law Perspectives

    SCOTUS Holding Reinforces Employee-Friendly SOX Whistleblower Burden

    On February 8, 2024, the U.S. Supreme Court issued a unanimous opinion holding that a whistleblower with a retaliation claim under the Sarbanes-Oxley Act of 2002 (“SOX”) does not need to establish that their employer acted with “retaliatory intent” to succeed on their claim. An employee must merely show that their protected whistleblowing activity was a “contributing factor” in an adverse employment action against them by their employer. Murray v. UBS Securities, LLC, 144 S.Ct. 445 (2024). An employer’s retaliatory intent or lack of animosity is “irrelevant.” Id. at 446.

    Blog: Garrigues Labor Blog

    Spain – The overlap of the weekly rest, does it entitle to benefit from an additional day off?

    The answer to this question depends on the regulation of the collective bargaining agreement and the company’s practice on scheduling weekly rests. The setting of the right to rest of employees creates regular disputes and there are multiple judicial decisions that interpret differently the regulations of this right. The labor courts start from the different […] La entrada Spain – The overlap of the weekly rest, does it entitle to benefit from an additional day off? apareció primero en Labor and Employment Law - Garrigues.

    Blog: Blockchain Legal Resource

    SEC Expands “Dealer” Definition

    On February 6, 2024, by a 3-2 vote, the US Securities and Exchange Commission adopted new rules that expand the definition of “dealer” under the federal securities laws. Ostensibly adopted to provide the SEC with greater oversight over the market for Treasury bonds, the new rules are not limited to any particular asset class, and may impact the operations of firms that regularly trade in cryptocurrencies or other digital assets that are securities. Continue Reading

    Blog: Garrigues Intellectual Property Blog

    Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks

    A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. On January 11, 2024, the CJEU ruled on the preliminary question (Case C-361/22) raised by the Spanish Supreme Court in the proceedings between […] La entrada Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks apareció primero en Intellectual and Industrial Property Blog - Garrigues.

    Blog: Labor & Employment Law Blog

    Immediate Action Required by California Employers to Avoid AB 1076 Fines

    Effective January 1, 2024, AB 1076 amended California law to codify existing California case law holding most noncompete agreements void and making it unlawful to include a noncompete clause in an employment contract or to require an employee to enter a noncompete contract that does not satisfy specified exceptions. That new law, in and of... Continue Reading

    Blog: Ireland IP & Technology Law Blog

    Final text of the EU’s Data Act approved

    On 27 November, the final text of the EU’s Data Act (the Act) was formally approved by the European Parliament and the European Council.  It will enter into force 20 days after its publication in the EU’s official journal, which is expected in the coming days. However, the majority of its provisions will only apply...Continue Reading…

    Blog: NextGen Financial Services Report

    A Lively Supreme Court Argument on the Constitutionality of CFPB Funding: Ruling Not Expected for Several Months

    On October 3, the second morning of its new term, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited. This case is the latest iteration in the broadside attacks on the Bureau by an industry hoping to... Continue Reading