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Merger Control Regime in Malaysia
Shearn Delamore & Co., June 2020

Many jurisdictions have put in place legislation to regulate merger activities. There have been discussions that it is high time for Malaysia to implement a general merger control regime under the Malaysian Competition Act 2010. As it presently stands, general merger activities which do not fall within two specific sectors (will be discussed below) are not regulated and no prior sanction is required from the Competition Commission before a merger transaction takes place...

Arbitration Expectations: Understanding the Process of Resolving a Dispute
Bradley Arant Boult Cummings LLP, June 2020

Arbitration is one of the preferred mechanisms of dispute resolution in the construction industry. Understanding how an arbitration will unfold is useful in managing a dispute. Most domestic construction disputes are referred to arbitration through, and according to the rules, of the American Arbitration Association (AAA), but other organizations that follow different rules and processes do exist. For AAA arbitrations, the following steps provide a rough outline of a typical proceeding...

Unprecedented: COVID-19 Litigation Trends, Issue 13
Spilman Thomas & Battle, PLLC, June 2020

This 13th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in everything from constitutional law to tort liability. Shutdown cases show no signs of slowing down, and it seems probable that more will follow as some states reverse reopening plans in response to coronavirus outbreaks...

OMG! Has Chinas Supreme Court Reversed its Position on OEM Trademark Infringement? The Implications of the HONDAKIT Case
Deacons, June 2020

Foreign brand owners have often questioned whether they need a trademark registration in the PRC when engaging PRC factories for Original Equipment Manufacturing (OEM) activities. Previously, a pure OEM arrangement with proper authorisation from the owner of a trademark registration in the exporting country, would generally not be considered infringement of identical or similar PRC trademarks...

Fed. Circ. Inserso Ruling Brings Bid Protest Considerations
Bradley Arant Boult Cummings LLP, June 2020

In a split decision with far-reaching implications for both government contractors and the private bar, the U.S. Court of Appeals for the Federal Circuit, in Inserso Corporation v. U.S., recently addressed timeliness and waiver issues in the bid protest context. The facts of this significant case, the majority and dissenting opinions, as well as key takeaways for federal contractors and their attorneys, are discussed below. The Facts The U.S...

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides
Buchalter, June 2020

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup.  In National Association of Wheat Growers, et al. v...

Supreme Court Rules Against Termination of DACA
Dinsmore & Shohl LLP, June 2020

On June 18, 2020, the Supreme Court of the United States ruled that the Department of Homeland Security (DHS) did not follow appropriate administrative procedures to terminate the Deferred Action for Childhood Arrivals (DACA) program and, therefore, was unauthorized to do so. The decision was a 5-4 ruling, written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor...

32 Years' Service Does not Provide Immunity from Dismissal for Poor Performance
Shearn Delamore & Co., June 2020

In the recent decision of Abdul Malek Bin Mohamed v MISC Bhd dated 17 June 2020 [Award 840 of 2020], the Industrial Court recognised that the tenure of service of an employee in an organisation does not shield the employee from having to render satisfactory performance at the level required by the Company. The Industrial Court upheld the dismissal of an employee for poor performance after 32 years of service...

Forced Resignation Does Not Automatically Amount to Unfair Dismissal
Shearn Delamore & Co., June 2020

A case of forced resignation does not automatically amount to an unfair dismissal. In the recent decision of Mohd Rizam bin Ibrahim v Prince Court Medical Centre Sdn Bhd dated 5 June 2020 [Award 716 of 2020], the Industrial Court ruled that although the employee was forced to resign, the same was with just cause and excuse...

Unprecedented: COVID-19 Litigation Trends, Issue 12
Spilman Thomas & Battle, PLLC, June 2020

This 12th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in labor and employment cases, consumer protection cases, and civil rights litigation. Price gouging and fraud for personal protective equipment (particularly N95 masks) remain major focuses, with manufacturers, retailers, and governments all taking action...

Catching Up To California: The U.S. Supreme Court Rules That Title VII Protects Gay and Transgender Applicants and Employees
Hanson Bridgett LLP, June 2020

Key Points Title VII prohibits discrimination based on sexual orientation and gender identity. The holding does not change currently-existing legal obligations for California employers as discrimination based on sexual orientation and gender identity is prohibited under the FEHA. California employers should ensure they are complying with FEHA’s posting and training requirements. On Monday, June 15, 2020, the U.S. Supreme Court published a long-awaited opinion, Bostock v...

Opening the Golden Door: The Fourth District Shines a Light on CEQA Compliant Greenhouse Gas Mitigation
Hanson Bridgett LLP, June 2020

Key Points The third Golden Door iteration resulted in a common refrain: San Diego County has not yet reached the high bar for greenhouse gas mitigation (GHG) measures under CEQA Enforceability is a significant component of a CEQA compliant GHG mitigation measure In a nod to the recently approved Newhall Ranch plan, the Court of Appeal outlined the contours of acceptable carbon offset programs, both within and outside California In Golden Door Properties, LLC, v...

Ninth Circuit Decision Solidifies the Importance of Adhering to Registration Formalities
Buchalter, June 2020

A recent decision from the Ninth Circuit Court of Appeals is likely to have a significant impact on both copyright infringement matters and copyright registration practices in the Ninth Circuit, if not nationwide.  The case, Unicolors v. H&M, 2020 U.S. App. LEXIS U.S. App. LEXIS 17097 (9th Cir. May 29, 2020) involved claims for copyright infringement brought by Unicolors, Inc. (“Unicolors”) against retailer H&M Hennes & Mauritz, L.P. (“H&M”)...

English Court Confirms that an Injunction to Restrain Adjudication will Rarely be Granted
Deacons, June 2020

In the recent case of MillChris Developments Ltd v Fiona Selski Waters [2020] 4 WLUK 45, before England’s Technology and Construction Court, a party to an adjudication applied for an injunction to prohibit the adjudication continuing on the grounds that due to COVID-19 it had insufficient time to comply with the adjudicator’s directions and would be unable to attend a site visit. The Court declined to make the injunction and ordered that the adjudication proceed...

COVID-19: Main Amendments made by the Conversion Law to the Liquidity Decree with Respect to the Measures Aimed at Ensuring the Going Concern of Companies
Gianni, Origoni, Grippo, Cappelli & Partners, June 2020

1. Introduction Pursuant to Law no. 40 of 5 June 2020, published in the Official Gazzette no. 143 of 6 June 2020 (the “Conversion Law”), Law Decree no. 23 of 8 April 2020 (the “Liquidity Decree”) was converted into law with amendments. Below is a summary of the key amendments made to Chapter II (Urgent Provisions to Ensure Going Concern) by the Conversion Law. 2...

Unprecedented: COVID-19 Litigation Trends, Issue 11
Spilman Thomas & Battle, PLLC, June 2020

This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest category. And so unsurprisingly, one of the matters we report this week is the dispute over whether those insurance coverage disputes should be consolidated into multi-district litigation...

Breaking: US Supreme Court Rules Title VII Protects LGBTQ Employees
Dinsmore & Shohl LLP, June 2020

In a highly anticipated decision, the U.S. Supreme Court held Title VII of the federal Civil Rights Act protects LGBTQ employees from being fired because of their sexual orientation or gender identity. The opinion, released on June 15, 2020, was a consolidation of three federal appellate court decisions—Bostock v. Clayton County; Altitude Express v. Zarda; and R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission...

COVID-19 Special Newsletter - Spain June 1 to June 14
Garrigues, June 2020

Preparation of financial statements and corporate income tax, recommencement of time periods, remote trials, gradual return to workplaces, insolvency proceedings and compliance with criminal law In a new edition of our COVID-19 Special Newsletter, we examine the key new legislation approved over the past two weeks in all areas of business law...

COVID-19 and Unprecedented: Litigation Insights - Issue 10, 2020
Spilman Thomas & Battle, PLLC, June 2020

This tenth edition of Unprecedented, our weekly update on COVID-19-related litigation, finds us reporting fewer shutdown-related cases than in previous weeks, suggesting that these cases are winding down as the country opens back up. By contrast, our prediction that workers' compensation and personal injury cases would begin to pick up with reopening appears to have borne out, with this week bringing the first reported “household exposure” claim...

COVID-19 Webinar Series: The Changing Face of Litigation and Trials Webinar Recording
Bradley Arant Boult Cummings LLP, June 2020

As clients and counsel wrestle with the changing dynamics within litigation and trial work, Bradley has assembled trial lawyers with experience from hundreds of trials and a jury consultant of national standing to present on what is happening in courts across the country and how it is impacting the judicial system as we know it...

First Group of COVID-19 Cases Filed in California Federal and State Courts Includes Class and Individual Claims Brought On A Variety of Grounds
Hanson Bridgett LLP, June 2020

Key Points As the State begins to open back up, COVID-19 employment related litigation also begins. Several trends have emerged. On an individual and class-wide basis, Plaintiffs cite disability discrimination, emotional distress, retaliation, reimbursement, public nuisance and WARN Act claims, among others...

Unprecedented: COVID-19 Litigation Trends, Issue 9
Spilman Thomas & Battle, PLLC, June 2020

This ninth edition of Unprecedented, our weekly update on COVID-19-related litigation, continues to be dominated by shutdown challenges and workplace injury and wrongful death claims. But as governments discuss contact tracing as a way to control COVID-19’s spread, a data breach lawsuit against Deloitte illustrates the risks associated with creating the systems and collecting the necessary information...

Overseas Investment: Covid-19 - What Kind of State Are You In?
Shoosmiths LLP, May 2020

States’ responses to the global pandemic may, however well-intended, harm the interests of inward investors. Under international public law, those investors have rights and so a spate of investor-State arbitral claims may well be a legacy of the pandemic. Across the world, governments have responded to Covid-19 by introducing emergency measures, which have inhibited social interaction and hampered economic activity...

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...

Removal Ruling Raises Questions about Where COVID-19-Related Business Interruption Claims Should be Heard
Dinsmore & Shohl LLP, May 2020

Business interruption insurance claims related to the COVID-19 pandemic have raised numerous questions for practitioners, businesses, and insurers...

 

 

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