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Practice Industry: Crossborder Trade & Investment, Healthcare & Pharmaceuticals

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Shoosmiths Response to COVID-19
Shoosmiths LLP, July 2021

In response to the coronavirus (COVID-19) we continue to undertake a series of measures to: 1. protect our employees; 2. provide continuity of support to our clients; and 3. work with critical elements of our supply chain to enable us to fulfil 1 and 2 Shoosmiths senior leadership, including our Chairperson, CEO, COO, business support Directors and business unit heads, are meeting as and when required to consider and act upon developments regarding COVID-19...

New Monetary Penalties for Some Skilled Nursing Transfers, Discharges, and Readmissions
Hanson Bridgett LLP, July 2021

Key Points Governor Newsom signed into law Assembly Bill (AB) 133, which creates a $750 per day civil money penalty for skilled nursing facilities (SNF) that do not comply with a transfer, discharge, or readmission hearing decision within three calendar days. AB 133 also requires an SNF to submit a certification of compliance to the Department of Health Care Services (DHCS), attesting it has complied with the hearing officer's order...

New Bill Pumps the Breaks on Health Care Consolidation in Oregon (updated 07/28/2021)
Schwabe, Williamson & Wyatt, July 2021

On July 27, 2021, Governor Kate Brown signed into law a bill that will make it more difficult for health care entities in Oregon to consummate mergers and similar transactions...

The U.S. Breaks with Canada in Response to COVID-19 and Cross-Border Travel Restrictions
Schwabe, Williamson & Wyatt, July 2021

Since March 2020, the United States and Canada have agreed upon mutually reciprocal COVID-19 related travel restrictions. U.S. and Canadian officials mutually determined that “non-essential” travel between the U.S. and Canada “poses additional risk of transmission and spread of the virus associated with COVID-19 and places the populace of both nations at increased risk of contracting the virus associated with COVID-19...

The U.S. Breaks with Canada in Response to COVID-19 and Cross-Border Travel Restrictions 
Schwabe, Williamson & Wyatt, July 2021

Since March 2020, the United States and Canada have agreed upon mutually reciprocal COVID-19 related travel restrictions. U.S. and Canadian officials mutually determined that “non-essential” travel between the U.S. and Canada “poses additional risk of transmission and spread of the virus associated with COVID-19 and places the populace of both nations at increased risk of contracting the virus associated with COVID-19...

Rural Businesses and Easing COVID-19 Restrictions in Scotland
Shepherd and Wedderburn LLP, July 2021

The Scottish Government has published its route map out of lockdown, legislating five levels, each imposing increasingly tougher restrictions. As at 19 July, the whole of Scotland moved to Level 0, with cautious optimism that most legal restrictions might be removed entirely in August. However, in the meantime, the move to Level 0 does not mean that everything returns to how it was pre-pandemic – there will remain a level of restrictions and compliance points that must be met...

Major Rehaul in the Customs Exemption Notifications
Kochhar & Co. Advocates & Legal Consultants, July 2021

The Finance Minister of India in the 2021-22 Union Budget had announced that the Government proposes to review 400 exemption notifications.  The exemption on more than 150 items, currently exempted under Notifications Nos. 14/2006-Customs dated 01.03.2006, 26/2011-Customs dated 01.03.2011 and 50/2017-Customs dated 30.06.2017 could be axed.  The Telecom, Information Technology, Wind Power, Textiles and Pharmaceuticals are a few of the affected sectors...

Health Care Noncompetes Are Under Attack
Dinsmore & Shohl LLP, July 2021

On July 9, 2021, President Joe Biden signed a wide-ranging executive order entitled “Promoting Competition in the American Economy.” One key element of the executive order is to address noncompete covenants that the White House characterized as stifling competition between companies. Section 5(g) encouraged the FTC to draft rules which seek to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility...

Interstate License Compacts Arrive to Ohio for Physicians, Nurses, and Audiology/Speech-Language Pathologists
Dinsmore & Shohl LLP, July 2021

Health care practitioners are seemingly subject to a constantly growing laundry list of regulatory requirements. However, the Ohio General Assembly has reduced the administrative burden on certain professionals seeking licensure in multiple states through the enactment of interstate license compact legislation...

End of the Lundbeck Saga and New Rules for Medical Devices in Norway
Simonsen Vogt Wiig AS, July 2021

In 2013, the Danish pharmaceutical company Lundbeck, which at the time only held limited secondary patents related to certain antidepressants, was fined EUR 93.7 million by the European Commission for having entered into settlement agreements in 2002 whereby Lundbeck paid generic manufacturers for not challenging its patents. The payments corresponded to the profits that the generic manufacturers could have made if they had successfully entered the market...

COVID-19's Lasting Impact on Long-Term Care Assets
Bradley Arant Boult Cummings LLP, July 2021

COVID-19 came upon us all like a tsunami, leveling life as we knew it and causing an entirely new paradigm of behavior to be necessary. No segment of the population was hit harder than seniors, both in our communities and in senior care facilities. Long-term care facilities were on the frontlines of the battle, being one of the first industries to be required to wholly alter traditional behaviors to try to stop the inevitable spread of this deadly virus...

Executive Order Targets Hospital Consolidation Non-Competes
Waller, July 2021

President Joe Biden is issuing an executive order today that aims to increase competition in the U.S. economy...

Amendment Bills on Hong Kong Re-Domiciliation for Foreign Investment Funds
Deacons, July 2021

On 2 July 2021, the Government gazetted the Securities and Futures (Amendment) Bill 2021 and the Limited Partnership Fund and Business Registration Legislation (Amendment) Bill 2021 (Bills). These new laws aim to open up new channels enabling foreign investment funds to be re-domiciled and registered in Hong Kong as open-ended fund companies (OFCs) or limited partnership funds (LPFs)...

New Tax Disclosures Under Revised Overseas Investment Regime Now in Effect
MinterEllisonRuddWatts, July 2021

From 5 July 2021, overseas investors looking to acquire significant New Zealand business assets must make new tax disclosures as part of their application under the Overseas Investment Act 2005. As signalled in an earlier alert, these requirements are intended to provide Inland Revenue with the information it considers necessary or relevant to the administration or enforcement of the Income Tax Act 2007. We explain these requirements below...

Ohio Adopts Hospital Licensure System
Dinsmore & Shohl LLP, July 2021

Until now, hospital licensure was absent from Ohio’s regulatory scheme. However, Ohio’s final budget bill, which became effective on July 1, 2021, introduced a new hospital licensure system.[1] Under the final bill, Ohio hospitals have three years to become licensed by the Ohio Department of Health (the Department)...

What Should Businesses Do About the Recommendation to Wear Masks in Indoor Public Spaces Until Fully Vaccinated?
Lawson Lundell LLP, July 2021

B.C.’s Provincial Health Officer, Dr. Bonnie Henry,[1] and the Public Health Agency of Canada,[2] have recommended that individuals who are not fully vaccinated[3] continue wearing masks in indoor public spaces. At the same time, public authorities are providing little to no guidance on how or when businesses can continue mask requirements...

Phase 3: Has Your Workplace Transitioned its COVID-19 Safety Plan to a Communicable Disease Prevention Plan?
Lawson Lundell LLP, July 2021

On July 1, 2021, B.C. moved into Step 3 of its COVID-19 Restart Plan. As part of this phase, B.C. employers are no longer required to maintain a WorkSafeBC approved COVID-19 Safety Plan. Instead, they are required to transition to a Communicable Disease Prevention Plan.  What is a Communicable Disease Prevention Plan? It is a plan that outlines the steps an employer is taking to reduce the risk to their workers from communicable diseases in their workplace...

States’ COVID-19 Immunity Statutes and Product Liability Claims Related to COVID-19
Dinsmore & Shohl LLP, July 2021

Dinsmore's Chris Cashen, Anne Guillory, Chris Jackson, and Kyle Bunnell were published in dri Strictly Speaking, Vol. 18 Issue 1. Their article, "States’ COVID-19 Immunity Statutes and Product Liability Claims Related to COVID-19," examines states’ COVID-19 immunity statutes for product designers, manufacturers, and distributors concerning COVID-19-related lawsuits. An excerpt is below...

The Autonomous Sanctions Bill is Back
MinterEllisonRuddWatts, July 2021

The Autonomous Sanctions Bill – once known as“the least successful piece of legislation in New Zealand history”– is back on Parliament’s agenda. This comes after National MP Gerry Brownlee succeeded in having his bill of the same name drawn from the members’ ballot last Thursday. The resurrected bill will receive a first reading in Parliament later this year...

Overseas Investment Amendment Act 2021: The Second Amendment
MinterEllisonRuddWatts, July 2021

Today marks another milestone in the constantly changing landscape of the Overseas Investment Act 2005 (the Act), with the coming into force of several of the provisions of the Overseas Investment Amendment Act 2021 as part of the Government’s stated intention to reduce the number of ‘lower risk’ transactions requiring consent, and better manage higher risk transactions and/or assets of significance. Our previous news alert summarising these new changes can be seenhere...

Buchalter COVID-19 Client Alert: Stop the Clock: Relief from Your Insurer Claiming a Notice Time Bar During the Pandemic
Buchalter, July 2021

A dangerous trap for an unwary insured looking for insurance coverage can be a notice provision. To trigger certain liability insurance policies, the insurer may require that a “claim” be both made against an insured and that the insured then report such claim to its insurer during the time the single insurance policy is in effect. This is what is known as a “claims-made-and-reported” policy...

Know Your Transfers – Standard Contractual Clauses under the PDPA and GDPR
Kudun and Partners, July 2021

Thailand’s Personal Data Protection Act B.E.2562 (“PDPA”) governs the cross-border transfer of personal data. The PDPA sets out a condition, among other things, that personal data may be transferred to another country or to an international organization (the “Recipient”) provided that they have in place an adequate level of personal data protection according to the adequacy decision as decided on by the Personal Data Protection Committee...

Ohio Budget Bill Adopts Conscientious Right to Refuse Care, Will Disrupt Health Care Operations and Oversight
Dinsmore & Shohl LLP, July 2021

Late amendments to Ohio’s budget bill (Am. Sub. H. B. 110[1]) set the stage to disrupt Ohio’s health care business community and alter health care oversight, operations and quality in the state. The new law provides moral, ethical, and religious grounds to refuse health care, and in doing so, affords unprecedented rights and protections that stand to impact the Ohio health care community in a myriad of ways...

Thai Government Considers Tax Incentives, Long Term Visas, Property Rights and More to Entice Wealthy Foreign Nationals to Thailand
DFDL, June 2021

According to an anonymous source, a ‘Centre for Economic Situation Administration’ (“CESA”) meeting chaired by Prime Minister Gen Prayut Chan-o-cha was held on Friday 4 June that approved (in-principle) a set of proposed stimulus measures aimed at encouraging wealthy expatriates to Thailand...

Trading Internationally? The New EU Data Protection SCCs Explained'
Shoosmiths LLP, June 2021

Recent developments such as the invalidation of the EU-U.S. Privacy Shield framework under the Schrems 2.0 decision and Brexit will have a significant impact on how businesses transfer their data internationally. Recap: For more information see our previous webinars: on the Schrems 2.0 case: What is the Schrems 2.0 case about? on Brexit 2...

 

 

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