Member Blog Posts

    Blog: Garrigues Intellectual Property Blog

    “You shouldn’t eat the forbidden fruit.”: first judicial pronouncements on the exercise of plant breeders’ rights on harvested material.

    A judgment by Valencia Commercial Court no. 4, recognizes the right of the breeder of a protected variety to act only against the harvested material and awards compensation equivalent to the profit obtained from marketing the fruit illegally. A plant variety must meet four requirements for the breeder to obtain exclusive protection: novelty, distinctness, uniformity […] La entrada “You shouldn’t eat the forbidden fruit.”: first judicial pronouncements on the exercise of plant breeders’ rights on harvested material. apareció primero en Intellectual and Industrial Property Blog - Garrigues...

    Blog: Hunton Employment & Labor Law Perspectives

    Judge Strikes Down NLRB’s Final Joint Employer Rule

    Update: On March 8, 2024, the Eastern District of Texas granted summary judgment in favor of the Chamber of Commerce and struck down the NLRB’s new final joint employer rule. The opinion conducts a thorough review of the history of the joint employer standard and ultimately concludes that the Final Rule is contrary to the common law.

    Blog: Blockchain Legal Resource

    OFAC, BIS and DOJ Issue Guidance for Foreign Companies to Comply with US Sanctions and Export Control Laws

    US Department of the Treasury’s Office of Foreign Assets Control (OFAC), the US Department of Commerce’s (Commerce) Bureau of Industry and Security (BIS) and the US Department of Justice (DOJ), collectively issued guidance regarding the obligations of non-US based companies and persons to comply with US sanctions (Tri-Seal Compliance Note: Obligations of foreign-based persons to comply with US sanctions and export control laws) (Compliance Note). Continue Reading

    Blog: Garrigues Labor Blog

    Family co-responsibility, key element to equal opportunities for men and women at the workplace

    Co-responsibility is the equal sharing of household chores and family responsibilities between men and women. The latest legislative reforms on equality in the workplace (and the interpretation of judicial bodies) are inspired by this concept, seeking to ensure that men and women enjoy equally measures related to family care. The aim: ensuring that women’s professional […] La entrada Family co-responsibility, key element to equal opportunities for men and women at the workplace apareció primero en Labor and Employment Law - Garrigues.

    Blog: Antitrust Update

    Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

    On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the 2023 Merger Guidelines.  The new Merger Guidelines align closely with the objective—expressed by both FTC and DOJ—to expand the types [...]

    Blog: Ireland IP & Technology Law Blog

    Beyond the AI Act: The AI Liability Directive & the Product Liability Directive

    Introduction Following the political agreement reached on the terms of the EU’s AI Act in December, the EU seems set to lead the way in adopting a novel regulatory framework to regulate the use and development of artificial intelligence (AI). Whilst the spotlight has largely focused on the AI Act, the EU’s AI regulatory framework...Continue Reading…

    Blog: BuildSmart

    Bid Protests in Pennsylvania

    Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama). For the next state in this series, we focus on the bid protest procedures in Pennsylvania. What Rules Apply? Who May...Continue Reading

    Blog: NY Patent Decisions Blog

    One Down But One to Go: Judge McMahon Concludes Asserted Patent is Not Unenforceable Through Infectious Unenforceability

    On February 23, 2024, Judge McMahon (S.D.N.Y.) entered findings of fact and conclusions of law pertaining to issues relating to Defendant Lutron Electronics Co. (“Lutron”)’s defenses of invalidity and unenforceability of U.S. Patent Nos. 9,237,821 (“the ’821 Patent”) and 10,294,717 (the ’717 Patent”), which claimed priority from the ’821 Patent.  Both patents were asserted by [...]

    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: 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: 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: 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

dots