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A One-Way Street: A Petition Arguing Obvious Did Not Give Notice of Anticipation
Dinsmore & Shohl LLP, February 2021

In M&K Holdings, Inc., v. Samsung Electronics Co., Ltd., 2020-1160 (Fed. Cir. Feb. 1, 2021), the Federal Circuit found that the Patent Trial and Appeal Board (Board) violated the Administrative Procedure Act (APA) by finding a patent claim unpatentable using a “markedly” different theory from the one the patent challenger presented. In this case, the patent challenger (i.e...

Justices Should Weigh In On FCA Objective Falsity Standard
Bradley Arant Boult Cummings LLP, February 2021

In its conference on Feb. 19, the U.S. Supreme Court is scheduled to consider two pending petitions for certiorari that could resolve a critical but deeply disputed issue that impacts both the False Claims Act and health care law. The cert petitions in those cases — U.S. v. Care Alternatives,[1] and Winter v...

In Default? New Chanes to Consumer Credit Rules
Shoosmiths LLP, February 2021

Several key changes to existing legislation have been made due to the Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 coming into effect. We run through what you need to know. The amendments, which came into force on 2 December 2020, have been welcomed by debtors and mental health campaigners, who have argued for years that changes were required to the form and content of default notices...

Kids Company Director Disqualification Proceedings – Some Initial Thoughts
Shoosmiths LLP, February 2021

Many people will be aware of the collapse of Kids Company from press coverage in the last five years or so but may be surprised by the outcome of the court proceedings involving the individuals who ran it. What has just been decided? Kids Company was a well-known charity which provided support to vulnerable children and young people...

In Default? New Changes to Consumer Credit Rules
Shoosmiths LLP, February 2021

Several key changes to existing legislation have been made due to the Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 coming into effect. We run through what you need to know. The amendments, which came into force on 2 December 2020, have been welcomed by debtors and mental health campaigners, who have argued for years that changes were required to the form and content of default notices...

Essential Webinar Series for Employers: DSARs and Other Practical Data Protection Issues for Employers
Shoosmiths LLP, February 2021

With businesses now building back up following the pandemic, focus has moved onto ensuring organisations are as efficient, effective and resilient as possible. Key to this is ensuring that managers are fully equipped to handle workplace issues. The session focuses on dealing with DSARS and other practical data protection issues for employers. The key takeaway points are set out below: Brexit and Data Protection The Data Protection Act 2018 continues to apply in the UK...

Shearn Delamore Legal Update February 2021
Shearn Delamore & Co., February 2021

DISPUTE RESOLUTION Wide order of injunction sought against online marketplace operator refused in the High Court E-commerce has become an indispensable part of the country’s economy particularly with the Covid-19 pandemic. With its growing demand come legal challenges which are novel to Malaysia. Recently, our Dispute Resolution Partners K...

Flexible Working and Employee Mental Health
Shoosmiths LLP, February 2021

This is the final article in a series reflecting on employee mental health and wellbeing challenges that employers are currently facing. It focuses on how employers can support employee mental health going forwards. Flexible future? If COVID-19 has done one thing at the very least, it is to open employers’ eyes to different and more creative ways of working...

Pension Schemes Bill Receives Royal Assent
Shoosmiths LLP, February 2021

The Pension Schemes Bill received Royal Assent on 11 February 2021, becoming the Pension Schemes Act 2021. Originally introduced into Parliament in Autumn 2019, the Act covers a mix of pensions-related matters which we outline in this article. Parts One and Two set out the legislative framework for establishing a collective money purchase scheme, commonly known as a collective defined contribution scheme (Part Two extends this to Northern Ireland)...

Warning to Employers to Keep Equal Opportunities Training Updated
Shoosmiths LLP, February 2021

A summary of the decision in Allay (UK) Limited v S Gehlen and a reminder to employers to keep equal opportunities training up to date to be able to rely on the all reasonable steps defence under s 109 (4) of the Equality Act 2010. It is common for employers to provide employees with equal opportunities training, to underpin workplace culture as well as to prevent discrimination from taking place. A recent case, however, provides a salutary reminder to keep such training up to date...

Bulletin Real Time: Latest News
Brigard Urrutia, February 2021

Modifications to the obligation to disclose information by issuers of securities The National Government issued a new rule that modifies the provisions relating to the obligation to disclose information by issuers of securities, in accordance with the parameters set by the International Organization of Securities Commissions...

Changes Afoot at the NLRB Under the New Administration
Hunton Andrews Kurth LLP, February 2021

With the ushering in of a new administration, several changes have quickly taken place at the National Labor Relations Board (NLRB). Within hours of taking office, the Biden administration removed Trump appointee NLRB General Counsel Peter Robb and replaced him with interim General Counsel Peter Ohr.  (Ohr may only serve as acting General Counsel for 40 days, per the National Labor Relations Act, unless the administration submits a nomination to the Senate...

Do You Really Have Zero Tolerance for Bullying and Harassment? Your Answer May be Costly
Lawson Lundell LLP, February 2021

Workplace harassment is once again in the news given our former Governor General’s resignation from her post after a 132 page investigation report was issued following accusations of a toxic work environment at Rideau Hall. While the Government of Canada took the correct steps in hiring an independent investigator once the allegations surfaced, meeting with all witnesses, and then meeting with Ms...

Litigation Forecast 2021
MinterEllisonRuddWatts, February 2021

It wasn’t that long ago that a surge of commercial litigation flowing from COVID-19 was anticipated. Contractual disputes relating to the performance or termination of contracts were expected to be litigated and there was a real risk for directors who failed to consider and respond to the risks arising from COVID-19.   But the surge in Covid-related litigation never (or has not yet) arrived...

Can Employers Justify Compelling Employees to Receive the COVID-19 Vaccine?
ENSafrica, February 2021

South African law currently does not have any legislation that specifically requires employees to take the COVID-19 vaccination. The president was also emphatic that no one would be forced to take the vaccination, which is being rolled out in a governmental attempt to vaccinate 67% of the population (approximately 40-million people in South Africa)...

Labour Court Hands Down New Judgment on Business Rescue
ENSafrica, February 2021

The South African Airways (“SAA”) saga continues, with another Labour Court judgment handed down on 8 February 2021. Given the financially parlous position that SAA has been in, even throughout its business rescue proceedings, the Department of Public Enterprises (“DPE”), SAA’s sole shareholder and sole lender, offered SAA employees a salary settlement agreement...

EEOC Revises Enforcement Guidance on Religious Discrimination
Patterson Belknap Webb & Tyler LLP, February 2021

The Equal Employment Opportunity Commission (“EEOC”) recently updated its Compliance Manual Section on Religious Discrimination, seeking to clarify how Title VII of the Civil Rights Act of 1964 (“Title VII”) protects individuals from religious discrimination in the workplace. The enforcement guidance also discusses the legal protections available to religious employers, which have been bolstered in recent years...

Employee Board-Level Representation
Simonsen Vogt Wiig AS, February 2021

Introduction The employee’s right to be represented on the Board of Directors («BoD») is governed in the Limited Liability Companies Act (Nw: aksjeloven) and the Public Limited Liability Companies Act (Nw: allmennaksjeloven). We will in the following refer to the Limited Liability Companies Act («the Company Act»), as the wording is the same...

Direct Action Claims in Norway – Norwegian Courts Maintain Legal Venue for Claims against Owners that are Joined in Legal Action against Norwegian P&I Clubs
Simonsen Vogt Wiig AS, February 2021

The ongoing court action, often referred to as the «Stolt Commitment Case», was commenced in the aftermath of a collision between MV «Thorco Cloud» and MV «Stolt Commitment» outside Singapore in 2015. MV «Stolt Commitment» was owned by a Dutch company, and was flying Cayman Island flag...

“I’m Here Live, I’m Not a Cat”
Shoosmiths LLP, February 2021

Many of us chuckled at the viral video of a Texan lawyer who appeared at a remote court hearing as a cat. This unfortunate filter mishap does, however, act as a warning to all lawyers to check their settings before attending remote hearings as it looks like they are here to stay. Over the last 12 months, the use of virtual court hearings has sky-rocketed (perhaps unsurprisingly) in the wake of the COVID pandemic...

Option Agreements – Say what you Mean and Keep Litigation at Bay
Shoosmiths LLP, February 2021

In Fishbourne Developments Limited v Stephens, the Court of Appeal emphasised the importance of applying commercial common sense and considering the relevant factual background to a case when interpreting contracts. Fishbourne, a developer, had the benefit of an option to acquire a 117 acre farm in West Sussex...

Redefining Public Private Partnerships: National Summit
Shoosmiths LLP, February 2021

Over the next decade, challenges around public funding and a shift in live/work priorities will create an increasing need for public-private collaboration as we seek to rebuild and regenerate our towns and cities in a post-Covid and post-Brexit climate...

COVID-19 in the Workspace: Is Enough Enough?
Bradley Arant Boult Cummings LLP, February 2021

You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the Florida sheriff who reportedly instructed his employees not to wear masks in the offce. If a visitor entered Sheriff Billy Wood’s offce with a mask, they were reportedly instructed to remove it...

Government's Failure to Grant REA Can Constitute Breach of Contract
Bradley Arant Boult Cummings LLP, February 2021

&The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, 1 recently held that the government does not have the discretion to deny a contractor's request for equitable adjustment (REA) under Federal Acquisition Regulation (FAR) 52.245-1 (Government Property) where the conditions specified in that clause are present and the contractor is able to show financial loss...

USCIS Releases H-1B Lottery Information: Registration Process Begins March 9
Dinsmore & Shohl LLP, February 2021

U.S. Citizenship and Immigration Services (USCIS) released long-awaited guidance on the 2021 H-1B lottery process. The service announced it would continue with a random-selection lottery for 2021. The registration system will be open from noon Eastern March 9, 2021 to noon Eastern March 25, 2021 and the entry fee will be $10 for each case entered into the system.  USCIS also announced plans to delay the Trump-era wage-based lottery registration through Dec...

 

 

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