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Shearn Delamore & Co. | June 2022

Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for June 2022 ...

Shearn Delamore & Co. | June 2022

Dear valued clients, colleagues and friends, Fiction relies on creative and stylistic choices to entertain. Are there restrictions to creative licence when creativity meets real life? The High Court recently had to decide on a whether a claim, asserting defamation arising from a fictional drama, could be sustained or ought to be disposed of summarily. The Court struck out the defamation claim; a decision that is welcomed in light of the thriving entertainment industry in Malaysia ...

AELEX | June 2022

In the recent case ofAslan v Stepanoski[1](the Aslan case), the Court of Appeal of New South Wales, Australia upheld a builder’s action suspending the performance of works over non-payment and denial of access to the site by the employer. The Court held that the contractor’s decision to suspend works was not a repudiatory conduct as he was entitled to do so under the contract ...

Shearn Delamore & Co. | June 2022

Dear valued clients, colleagues and friends, We are pleased to bring you the March 2022 Issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you ...

ALRUD Law Firm | June 2022

Invitation Dear Colleagues, ALRUD Law Firm is honoured to invite you to our webinar: "Labour Issues in Corporate Restructurings and Transactions during the Crisis Period" In these current challenging times, corporations face various difficulties that significantly influence their activities in Russia. Given the severe sanctions and technical issues caused by them, companies have been forced to find new business approaches ...

AELEX | May 2022

INTRODUCTION On 10 March, 2022, the Federal High Court sitting in Abuja in Suits No: FHC/ABJ/CS/791/2020: Fan Milk International A/S v. Mandarin Oriental Services BV and The Registrar of Trademarks and FHC/ABJ/CS/792/2020: Fan Milk International A/S v. Mandarin Oriental Services BV and The Registrar of Trademarks, delivered two landmark judgements and established certain principles on the determination of trademark infringement ...

AELEX | May 2022

INTRODUCTION Alternative dispute resolution (ADR) is fast becoming popular as a relatively easier method of resolving disputes across the world and intellectual property (“IP”) is not an exception. This is apparent from the rising number of disputes handled by the World Intellectual Property Organisation (WIPO) Arbitration and Mediation Centre over the past few years, from 136 cases in 2017, to 155 in 2018, 178 in 2019 and 182 in 2020 ...

Shoosmiths LLP | April 2022

The demise of Kids Company and its aftermath has unfortunately overshadowed the pioneering work that charity did for nearly twenty years with some of the most damaged children and young people in our society. In the words of its founder “making a commitment to help maltreated children heal through unrelenting love by being resolute and kind, and over the years understanding how to help children acquire mastery over their traumas ...

Shoosmiths LLP | April 2022

A recent judgement of the Court of Appeal brings welcome clarification of the principles regarding the recovery of wasted expenditure claims in IT disputes. Summary Whist wasted costs arising from failed IT implementations often form part of a subsequent loss of profit claim, the two forms of loss are separate and distinct. Consequently, in order to be effective, exclusions must specifically refer to wasted costs ...

Genuine Enabling Technology LLC v. Nintendo Co., Ltd., Appeal No. 2020-2167 (Fed. Cir. Apr. 1, 2022) The Federal Circuit’s only precedential patent opinion this week turned on issues of claim construction.  In particular, the issue was the effect of statements made by the applicant during the patent’s prosecution.  The Court held that the district court erred in applying too narrow a construction, and reversed with a modified construction ...

PLMJ | April 2022

The proposal for a directive on the recovery and resolution of insurance and reinsurance companies enshrines the no creditor worse off principle as provided for in the Bank Recovery and Resolution Directive (“BRRD”). This opens the door for the Portuguese legislature to repeat the mistakes it made when incorporating the BRRD into Portuguese law ...

  As we begin to emerge from the pandemic, many issues which have been on the back-burner over the past few years are starting to resurface. In this article we take a look at some hot topics and legal developments we are expecting to take place this year.  Flexible working As those of us who have worked from home for the past two years start returning in earnest to the office, flexible working is on everyone’s lips ...

Haynes and Boone | March 2022

By Glenn Kangisser Shu Shu Wong March 11, 2022 Earlier this month, the English Commercial Court upheld an appeal from an arbitration in MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) that a “reasonable endeavours” requirement in a force majeure clause, invoked due to the impact of US sanctions on Russia, did not require the party claiming force majeure to accept non-contractual performance ...

Shoosmiths LLP | March 2022

The UK's competition authority (CMA) unusually cleared a merger (Sony Music / AWAL) after nine months of investigation. Could a Phase 2 investigation have been avoided? On 16 March 2022 the Competition and Markets Authority (CMA) issued its final report into the completed acquisition by Sony Music Entertainment (Sony Music) of AWAL and Kobalt Neighbouring rights businesses from Kobalt Music Group Limited ...

Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction Scheduled for April 8, 2022, with each side being afforded 15 minutes for argument. It appears that oral argument may be livestreamed by the 11th Circuit.  Injunction Against Federal Contractor Vaccine Mandate Oral argument held on the United States’ appeal of a federal district court judge’s December 7, 2021, decision in Georgia v. Biden, Case No ...

Buchalter | March 2022

March 24, 2022 By: Karen N. George and Andrew H. Selesnick The DMHC issued its final guidance on the No Surprises Act, confirming that the Knox-Keene Act constitutes a “specified state law” under the Act. The out-of-network reimbursement requirements for emergency services and the dispute resolution process in the NSA will therefore not apply to DMHC claims ...

BASF Plant Sci., LP v. Commonw. Scientific and Indus. Research Org., Appeal Nos. 2020-1415, -1416, -1919, -1920 (Fed. Cir. Mar. 15, 2022) Our Case of the Week, an appeal from the U.S. District Court for the Eastern District of Virginia, has something for everyone: questions of venue and statutory interpretation, invalidity and written descriptions, contracts and co-ownership of patents, and willfulness, injunctions, and royalty rates ...

Shoosmiths LLP | March 2022

Parents of children with special educational needs who are moving to further education should consider all options and make sure their local authority sticks to its deadlines, says Shoosmiths’ Guv Samra. The advice from the education law specialist comes as an important deadline looms for young people with Education, Health and Care plans (EHCPs)who are transitioning to post 16/19 placements ...

Dinsmore & Shohl LLP | March 2022

In a defendant-friendly opinion, a split panel held that conduct based on an “objectively reasonable” reading of an ambiguous statute, absent contrary circuit court precedent or agency guidance, cannot constitute “knowing” misconduct under the False Claims Act. In United States ex rel. Sheldon v ...

Buchalter | March 2022

March 16, 2022 By Braeden Mansouri and Alicia Guerra On February 15, California’s preeminent institution of higher education, UC Berkeley (“UCB”), began emailing student applicants that UCB may be forced to withdraw admissions offers as a result of a recent California Court of Appeal decision ...

In re: Volkswagen Group of America, Inc. and In re: Hyundai Motor America, Appeal Nos. 2022-108, -109 (Fed. Cir. Mar. 9, 2022) In the most recent of multiple mandamus rulings issued by the Federal Circuit in relation to Western District of Texas Judge Alan D ...

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