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UK Supreme Court rules on correct approach to interpreting liquidated damages clauses
Deacons, September 2021

In Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29, the principal issue before the Court was the approach to be adopted when interpreting a liquidated damages clause in a contract i.e. a clause providing for a pre-determined sum agreed upon in the event of a specified breach by one of the parties...

Arbitration Clauses – choose words carefully
Deacons, September 2021

The recent judgment in Kinli Civil Engineering Ltd v Geotech Engineering Ltd, HCA 2141/2020, is a reminder of the importance of choosing words carefully when drafting an arbitration clause, to ensure that it reflects the parties’ intentions as to how any disputes that may arise are to be resolved.      Background The proceedings were instituted by the Plaintiff (K) against the Defendant (G) for sums, said to be due under a contract between them (Contract)...

Presumption of one-stop adjudication held to apply to multiple contracts with differing dispute resolution clauses
Deacons, September 2021

In Surrey County Council v Suez Recycling and Recovery Surrey Ltd [2021] EWHC 2015, the parties had entered into a number of agreements and England’s Technology and Construction Court had to determine what they had ultimately agreed should be the appropriate dispute resolution forum. The Court granted the application for a stay of the proceedings in favour of arbitration, under s.9 of the Arbitration Act 1996 (equivalent to s...

Single joint experts preferred in construction cases
Deacons, September 2021

In Perpetual Wealth (Hong Kong) Ltd v Be Solutions Company Ltd, HCA 1905/2018, the Court emphasised that for construction cases, the starting point for expert directions is that single joint expert (SJE) evidence is preferred, as it assists to narrow the scope of the issues in dispute, shortens the trial, facilitates settlement of issues and often leads to global settlement of the action...

The drafts of the Operating Procedure for Electronic Market of the Auctions for the Transfer of Natural Gas Supply Volume and Transport Capacity (MECAP) and Operating Procedure for the Transfer of Information in the Natural Gas Market are published
Rodrigo, Elias & Medrano Abogados, September 2021

By Board Resolution Nº 368-2021-MINEM/DGH and Board Resolution Nº 369-2021-MINEM/DGH, published on September 21, 2021 in the Official Gazette “El Peruano”, the drafts of the “Operating Procedure for the electronic market of the auctions for the transfer of natural gas supply volume and/or transport capacity (MECAP)” (“MECAP Operating Procedure“) and of the “Operating Procedure for the Transfer of Information in the Natural Gas Market&rd

Existing Medical Marijuana Cultivators Permitted to Grow to Meet Patient Demand
Dinsmore & Shohl LLP, September 2021

The Ohio Department of Commerce (Department) recently announced licensed medical marijuana cultivators who are maxing out their grow area capacity will be permitted to apply for an expansion. Presently, there are 20 Level I cultivators capable of growing up to 25,000 square feet of medicinal marijuana, and 15 Level II cultivator licensees that are smaller in scale and permitted up to 3,000 square feet of grow capacity...

Selecting a Master Tenant: To Be or Not to Be a Single-Asset Entity?
Dinsmore & Shohl LLP, September 2021

Commercial real estate professionals live in a world where single-asset entities (SAEs) are ubiquitous. In this respect, the niche market of HUD-affiliated health care facilities follows suit. Skilled nursing or assisted living facility owners seeking HUD-insured financing and the operators overseeing day-to-day functions at those facilities generally need to be SAEs to participate in the HUD programs...

[Infographic] Crowdfunding in Thailand – Quick Guide
DFDL, September 2021

COVID-19 has thrust the world into recession and its rippling effects have given rise to rapid and accelerating changes. Many businesses have moved or expanded into online channels as we collectively begin to embrace and advance headlong into an increasingly digitalized society...

Cambodia: Two New Prakas Now in Force – Tax on Salary and VAT on E-Commerce
DFDL, September 2021

On 8 September 2021 the Ministry of the Economy and Finance (“MEF”) issued Prakas 543 on Tax on Salary (“Prakas 543”) and Prakas 542 on the Rules and Procedures concerning the Implementation of Value Added Tax on E-Commerce Activities (“Prakas 542”)...

[Infographic] Peer-to-Peer Lending in Thailand – Quick Guide
DFDL, September 2021

COVID-19 has thrust the world into recession and its rippling effects have given rise to rapid and accelerating changes. Many businesses have moved or expanded into online channels as we collectively begin to embrace and advance headlong into an increasingly digitalized society...

Latest Federal Court Cases, 09/20/21
Schwabe, Williamson & Wyatt, September 2021

Omega Patents, LLC, v. CalAmp Corp., Appeal Nos. 2020-1793, -1794, (Fed. Cir. Sept. 14, 2021) In its only precedential patent case this week, the Federal Circuit sent a case back for a third trial on the issue of damages. This appeal comes after the second jury trial, in which Omega accused CalAmp of infringing claims of four of its patents. In the prior appeal and the instant appeal, the Court affirmed on the underlying issues of infringement and validity...

Shearn Delamore & Co. Legal Updates September 2021 (1)
Shearn Delamore & Co., September 2021

Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for September 2021...

Planning for hydrogen - will the system be a help or a hindrance?
Shoosmiths LLP, September 2021

The UK government’s Hydrogen Strategy, published in August 2021, confirms that developing a thriving low carbon hydrogen sector in the UK is a key plank of the government’s plan to build back better with a cleaner, greener energy system...

Congress presses forward on PFAS measures, Westlaw Today
Hunton Andrews Kurth LLP, September 2021

Internet Aids the Brick and Mortar Star: Key Learnings on Retail Real Estate
Schwabe, Williamson & Wyatt, September 2021

This week, Schwabe and the Portland and Puget Sound Business Journals hosted PNW Predictions: Retail Real Estate Reimagined, a discussion on the impacts from the last 18 months and predictions for the direction that retail real estate is moving. The panel delivered a variety of perspectives via guests Kemper Freeman, Chairman & CEO, Kemper Development Co...

OP-ED: Improper Liens Can Potentially Be Discharged Quickly Via Little-Used Statute
Schwabe, Williamson & Wyatt, September 2021

In 1997, misguided individuals initiated a practice of recording liens against the homes of public officials and other public figures. Every county in Oregon has a system for recording information about property ownership rights. A lien is a limitation on the property ownership rights. A mortgage is an example of a lien and so is a contractor’s lien...

Internet Aids the Brick and Mortar Star: Key Learnings on Retail Real Estate
Schwabe, Williamson & Wyatt, September 2021

This week, Schwabe and the Portland and Puget Sound Business Journals hosted PNW Predictions: Retail Real Estate Reimagined, a discussion on the impacts from the last 18 months and predictions for the direction that retail real estate is moving. The panel delivered a variety of perspectives via guests Kemper Freeman, Chairman & CEO, Kemper Development Co...

TransUnion v. Ramirez: The Supreme Court Shifts the Class Action Battlefield Toward State Courts
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ Article III standing is one of the most significant rubrics to determine a federal lawsuit’s justiciability. The Supreme Court significantly altered the standing calculus in TransUnion v. Ramirez, 141 S. Ct. 2190 (2021), particularly in putative class actions that allege bare statutory violations unaccompanied by actual harm...

New Legislation Addresses Brown Act Teleconferencing Requirements
Hanson Bridgett LLP, September 2021

Key Points Assembly Bill (AB) 361 allows an agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency's jurisdiction during proclaimed state of emergencies...

Housing Law Shows its Teeth: Another Win for Objective Standards
Hanson Bridgett LLP, September 2021

Key Points California's First District Court of Appeal continued a recent pro-housing trend, reversing a City of San Mateo rejection of a multifamily housing development application. The court determined the denial was based on a subjective design guideline, therefore violating the Housing Accountability Act. Ambiguous guidelines may still be utilized in limited circumstances if there is a long-standing and consistent local government interpretation...

Medicare Coverage of Innovative Technology Program for FDA Breakthrough Devices: from Delayed to Repealed
Dinsmore & Shohl LLP, September 2021

On Sept. 15, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule to repeal the Medicare Coverage of Innovative Technology (MCIT) and Definition of “Reasonable and Necessary” final rule, which was published on Jan. 14, 2021, and would be effective on Dec. 15, 2021.  In June 2021, we reported on CMS’ decision to delay the MCIT Program Final Rule (The Rule)...

Tax and Employee Benefits Reform: House Committee on Ways and Means Submits Proposals
Dinsmore & Shohl LLP, September 2021

On Sept. 13, 2021, the House Committee on Ways and Means released the remainder of its numerous tax reform proposals. The proposals will be subject to continued negotiations and are not law. But, the proposals are an indication of what may be coming soon...

Guest Column: For Alabama Companies Doing Business in Afghanistan, Some Legal Thoughts
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ The unprecedented speed of the collapse of the former Afghan central government is a humanitarian tragedy. The magnitude of which is rightfully distracting from the immediate near-term and long-term legal issues that those who supported the coalition efforts in Afghanistan are compelled to address as the immediate human concerns fade from the spotlight. In particular, U.S...

Tax Reform: Three Estate Planning Proposals to Watch
Schwabe, Williamson & Wyatt, September 2021

House Democrats recently released additional legislative proposals that, if passed, would affect several commonly used estate planning techniques. Among those proposals are three that would significantly impact some of the more common wealth transfer strategies. It is too early to tell whether this legislation has any chance of passing, but clients who are planning to use strategies that would be affected by these changes should watch carefully for future developments...

Buchalter COVID-19 Client Alert: COVID-19 Infection May Be an OSHA Recordable Work-Related Illness
Buchalter, September 2021

September 16, 2021 By: John Epperson The COVID-19 pandemic will likely to be a concern and challenge for employers for longer than anyone had hoped or anticipated. As businesses adjust to what seems to be a “new normal” it is worth a reminder that COVID-19 infection can be a recordable illness on an employer’s Occupational Safety & Health Administration (“OSHA”) 300 Injury and Illness Log. OSHA’s recording criteria under 29 CFR 1904...

 

 

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