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New California Bill Would Impose Strict Products Liability on All Online Retailers
Hunton Andrews Kurth LLP, April 2021

A new bill in the California Assembly has the potential to alter substantially the existing legal framework of products liability for online retailers. Assembly Bill No. 1182 (“AB 1182”), which was introduced on February 18, 2021, would impose strict products liability on online retailers who (1) communicate offers of sale and (2) facilitate payment between a third-party seller and a purchaser, even if the online retailer never takes physical possession of the product...

To Be is Not to Be: Remedies for Erroneously Drafted Written Instruments
Lawson Lundell LLP, April 2021

What options does one have when they discover that a term in a previously executed contract or written instrument was worded poorly, or incorrectly drafted? Generally, parties in this scenario may seek the remedy of rectification, which gives a court the equitable jurisdiction to rectify or correct the document so that it accords with the parties’ true agreement...

Shuttered Venue Operators Grant
Morris, Manning & Martin, LLP, April 2021

The Shuttered Venue Operators Grant (SVOG) is a new federally-funded program providing emergency assistance for eligible venues adversely affected by COVID-19. The program, administered by the Small Business Administration’s (SBA) Office of Disaster Assistance, will offer over $16 billion in grants to shuttered venues, providing economic relief to eligible entities. This legal update summarizes the requirements and additional information related to the grant application process...

Recommendations for the Implementation of Cookie Banners
Kudun and Partners, April 2021

The compliant use of cookies requiring consent has presented a major challenge for website operators for quite some time. Following the ruling of the Court of Justice of the European Union in the "Planet 49" case, many operators have adapted the cookie banners they use. However, in doing so, they are faced with the difficulty of designing the cookie banners in such a way that these encourage a high acceptance rate from users, while remaining legally compliant...

Mamo TCV Newsletter - March 2021
Mamo TCV Advocates, April 2021

Banking & Finance ESAs issue joint supervisory statement on the application of the Regulation on Sustainability-related disclosures in the Financial Services Sector (SFDR) ESAs issue recommendations on the application of the SFDR...

New Favorable Qualified Small Business Stock Guidance for Fintechs and Insurtechs
Hanson Bridgett LLP, April 2021

On April 9, 2021, the IRS released Private Letter Ruling (PLR) 202114002 (January 13, 2021), which provides additional context to taxpayers worried about whether their Fintech or Insurtech shares represent Qualified Small Business Stock (QSBS) under Internal Revenue Code (IRC) section 1202...

Extension of the Brazilian PTO Project to Eliminate its Patent Backlog
Veirano Advogados, April 2021

The INPI (Brazilian PTO) published Ordinance/INPI/PR No. 21, of March 26, 2021, which extends the Backlog Combat Project aiming at reducing the number of invention patent applications pending decision. The ordinance came into force on April 1st, 2021, and targets patent applications filed between Jan. 1st, 2017 and Dec. 31st, 2017...

High-Income, Corporate Tax Returns Will Be Scrutinized
Waller, April 2021

In its discretionary funding request for fiscal year (FY) 2022, the Biden administration is seeking an additional $1.2 billion for the IRS – a 10.4% increase over FY 2021. $900 million of the increase will be earmarked for compliance. The additional funding in the White House proposal would enable the IRS to “increase oversight of high-income and corporate tax returns,” according to a statement issued by U.S. Treasury Secretary Janet Yellen...

Shearn Delamore & Newsletters 2021
Shearn Delamore & Co., April 2021

Dear valued clients, colleagues and friends,We are pleased to bring you the March 2020 issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you.REAL ESTATE:PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah: Calculation of Liquidated Agreed Damages commences from the Date of Payment of Booking Fee. A case note by Alexis Yong Mey Ling...

Freeports – Planning FAQs
Shoosmiths LLP, April 2021

The designation of eight new Freeports within England made headlines in the Budget and now the winning bidders have to put into effect their successful proposals. What will this mean in practice for those areas affected and what are the likely issues that Freeport authorities will face? We have pulled together some questions we are asked frequently on Freeports, together with the responses we have been providing to our clients...

Cartel Conduct Now a Criminal Offence
MinterEllisonRuddWatts, April 2021

Key points following the legislative change From Thursday 8 April 2021, it is a criminal offence to enter into or give effect to an agreement containing a cartel provision. Individuals who participate in cartel conduct can be imprisoned for up to seven years. A cartel provision is a provision in an arrangement between competitors that has the purpose, effect or likely effect of fixing price, restricting output, and/or allocating markets...

Retailers Beware: “You Can’t Say Your Products are Made in the USA When [They Are] Made Elsewhere.”
Hunton Andrews Kurth LLP, April 2021

Gennex Media LLC, a customizable product online marketplace, and its sole officer and shareholder Akil Kurji, have agreed to an FTC consent decree resolving allegations the company falsely claimed its Brandnex novelty products were “Made in USA,” “USA MADE,” and “Manufactured Right Here in America!” when, in many instances, they were wholly imported from China...

Is it Time for the Resign of the E-Sign “Reasonable Demonstration?”
Bradley Arant Boult Cummings LLP, April 2021

The E-Sign Act was signed into law over two decades ago. To put that into context, smart phones as we know them did not exist—the most popular mobile phone in 2000 was a flip phone, the Nokia 3310, and the first iPhone would not debut for another seven years. The most popular website was AOL because many people were still using AOL as their internet service provider. Google was a fledgling company with its search engine just starting out among the mainstays like Excite and Lycos...

The Forefront: Great ExSPACtations
TSMP Law Corporation, April 2021

The advent of blank cheque company IPOs. Special Purpose Acquisition Companies (SPACs) have taken the corporate world by storm. These “blank cheque” shell companies, which raise funds in their initial public offerings (IPO) to invest in potential but as yet unidentified target businesses, have fuelled a listing frenzy in the US. SPAC IPOs have garnered US$87.9 billion in fundraising in the first three months of 2021, already exceeding last year’s total...

Legislative Proposal on Health Technology Assessment
PLMJ, April 2021

On 24 March 2021, the EU Member States agreed to begin negotiations with the European Parliament concerning a legislative proposal on health technology assessment. Health technology includes medicinal products, medical devices or medical and surgical procedures, as well as measures for disease prevention, diagnosis or treatment used in healthcare...

United States Supreme Court Exempts Certain Technology from the TCPA
Dinsmore & Shohl LLP, April 2021

In Facebook v. Duguid, (Case No. 19-511) on April 1, 2021, the United States Supreme Court unanimously confirmed that equipment without the capacity to randomly or sequentially store or produce numbers is not an autodialer for TCPA purposes. The Facebook ruling focuses on text messages, which many institutions are using as a primary method of customer contact, but it is also a victory for those using predictive dialers and preview dialers without random and sequential source codes...

Finally! – Halloumi will Actually be Made in Cyprus, As it Should Be
Chrysostomides Advocates and Legal Consultants, April 2021

It has been a long road for everyone’s favourite cheese. The protection of halloumi cheese should have never been complicated. The firm cheese which has the unique quality of retaining its shape even when fried or grilled, has its origins in the island of Cyprus where it has been produced for many centuries...

The United States Corporate Transparency Act (“CTA”) of 2021
Morgan & Morgan, April 2021

What is the CTA? The CTA was enacted on January 1st, 2021 as part of the National Defense Authorization Act to prevent the use of companies to evade anti-money laundering rules or to hide other illegal activities. Under the CTA companies will be required to report information regarding its beneficial owners with a beneficial ownership registry maintained by the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN)...

Europe and China Cooperate on PCT Searching
Deacons, April 2021

Did you know? The Chinese National Intellectual Property Administration (CNIPA) and European Patent Office (EPO) recently announced a pilot-programme, which will be of particular interest to Chinese and multinational companies with R&D in Mainland China and Hong Kong, especially if they wish to file patents in Europe, US or other jurisdictions outside of Mainland China...

The Massachusetts Supreme Judicial Court Clarifies the Contours of the Attorney-Client Privilege and Work Product Doctrine in Internal Investigations
Verrill, April 2021

In Attorney General v. Facebook, Inc., No. SJC-12496 (March 24, 2021),[i] the Massachusetts Supreme Judicial Court clarified the scope of protection afforded by the attorney-client privilege and the work product doctrine to internal investigations. At issue was the Massachusetts Attorney General’s request to obtain documents Facebook collected and created during its expansive internal investigation in the wake of the 2018 Cambridge Analytica scandal...

Arbitration Appeals - Admitted Error by the Tribunal
Shoosmiths LLP, March 2021

The grounds for appealing an arbitration award are limited.  Even when the tribunal admits that it has made a mistake that is not always enough.  So, when is an admitted error serious enough to permit an appeal? This was the question before the court in Doglemor Trade Ltd and others v Caledor Consulting Ltd and another [2020] EWHC 3342 (Comm). The Facts Mr Khabarov (majority owner of Caledor) was granted an option to purchase 30% of the share capital of Doglemor...

Court of Appeal Confirms Liability of Mainzeal Directors
MinterEllisonRuddWatts, March 2021

The Court of Appeal has delivered its eagerly anticipated judgment in proceedings brought by the liquidators of Mainzeal Property and Construction Ltd against its former directors, including Richard Yan and Dame Jenny Shipley. In those proceedings, the liquidators sought compensation for breach of certain statutory duties of directors engaged on a company’s insolvency: sections 135 (reckless trading) and 136 (incurring obligations) of the Companies Act 1993...

Good News for Small Businesses: PPP Loan Program Deadlines Extended!
Dykema, March 2021

It is expected that President Biden will sign the PPP Extension Act of 2021 passed by the House of Representatives on March 16, 2021, and the Senate on March 25, 2021. The bill extends the funding for the Paycheck Protection Program (“PPP”) Loan program through June 30, 2021, for First Draw and Second Draw Loan applications submitted by lenders to the SBA by May 31, 2021...

ESG In Action: Diversifying Corporate Governance
Dinsmore & Shohl LLP, March 2021

Dinsmore's Richik Sarkar was published in the American Bar Association's Business Law Today this week discussing a few lawsuits alleging that lack of board and management diversity constitutes a breach of fiduciary duty. An excerpt from the article, "ESG In Action: Diversifying Corporate Governance," is below. "While the purpose of these suits is laudable, significant threshold legal questions exist...

Kudun & Partners Leads Largest Group of Creditors in Thai Airways Business Rehabilitation Proceeding
Kudun and Partners, March 2021

In August 2020, Kudun & Partners was appointed to represent the largest group of creditors, consisting of 87 savings cooperatives, in the wake of the recent Thai Airways’ petition for rehabilitation. Taken together, these investment entities hold 65% of the airline’s total debenture debt, making them the largest group of creditors...

 

 

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