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Now You See Me, Now You Don't: What Can be Done if a Bank Fraudster's Identity is uUnknown?
Shearn Delamore & Co., September 2021

Introduction In the age of the Internet and technology, banking scams and fraud abound. Where such bank fraud is committed, it is often the case that the fraudster disappears and their identity remains unknown. How courts grant relief where the identity of the perpetrator of a bank fraud is unknown was addressed in two Malaysian court decisions in 2021: Zschimmer v Persons Unknown[2021] 7 MLJ 178 (Zschimmer); and Zschimmer v Persons Unknown (No 2)[2021] 3 CLJ 587 (Zschimmer No. 2)...

Labour Litigation Guide
ALRUD Law Firm, September 2021

Below, you will find some practical solutions to prepare you for the labour litigation in Russia. The peculiarity of labour disputes in Russia is that they seldom start with great financial demands from employees. They are more about the status of the organisation, its reputation and similar issues. However, practice shows that given the length and formality of litigation, financial claims, originally insignificant, can turn into fairly large claims, over time...

Maritime Industry Ready and Fit for 55 – Vol. 1: The Emission Trading System
Simonsen Vogt Wiig AS, September 2021

The Fit for 55-package To achieve EU’s Paris climate goals, the EU Commission presented in December 2019 the European Green Deal, including a commitment to reduce greenhouse gas emissions by at least 55% by 2030 (compared to 1990 levels) and become carbon neutral by 2050...

New Legal Regime for Cross-Boundary Matrimonial and Family Cases and Guidance Note on Case Management in Children and Ancillary Relief Proceedings
Deacons, September 2021

The green light was recently given for two substantive changes in family law practice. First, on 15 February 2022, the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639) (Ordinance) and Rules will come into operation. Secondly, there is a new Guidance Noteon Case Management and Time Tabling in Children and Ancillary Relief Proceedings issued by the Judiciary under Practice Direction SL10.4...

An In-Depth Look at the Oakland A's Proposed New Stadium Project
Hanson Bridgett LLP, September 2021

Key Points Opponents of the proposed Oakland A's stadium at Howard Terminal argued that the Governor missed a deadline to certify the project for an expedited environmental review pursuant to Assembly Bill (AB) 734, a special purpose bill.   AB 734 contained no explicit deadline for certification, but it incorporated guidelines from AB 900, as amended, which did include a certification deadline...

Latest Federal Court Cases, 09/13/21
Schwabe, Williamson & Wyatt, September 2021

In re: MaxPower Semiconductor, Inc., Appeal No. 2021-146 (Fed. Cir. Sept. 8, 2021) In its only precedential patent case this week, the Federal Circuit denied a mandamus petition relating to the PTAB’s institution of inter partes reviews of MaxPower’s patents. The case touches on, but does not completely resolve, whether the PTAB can institute inter partes reviews where the parties have agreed to arbitrate those disputes...

A Drop in Private Law Children Cases: A Sign of Change in the Family Courts?
Shoosmiths LLP, September 2021

In July 2021, new private law cases received by Cafcass (the Children and Family Court Advisory Support Service) fell by over 16%. According to the latest figures published by Cafcass this week, they received a total of 3,774 new private law cases in July 2021, 740 cases (16.4%) fewer than in July 2020. Private law cases generally consist of applications made to the family court by a parent or carer of a child following a divorce or separation...

International Arbitration: Regional Perspectives, Asia
Shoosmiths LLP, September 2021

On 7 July 2021 we hosted the second event in our webinar series on International Arbitration, Regional Perspectives and focused on arbitration in Asia...

Latest Federal Court Cases, 09/07/21
Schwabe, Williamson & Wyatt, September 2021

Belcher Pharmaceuticals, LLC v. Hospira, Inc., Appeal No. 2020-1799 (Fed. Cir. Sept. 1, 2021) In an appeal from the United States District Court for the District of Delaware, the Federal Circuit affirmed the district court’s finding that Belcher Pharmaceuticals, LLC (“Belcher”) engaged in inequitable conduct by withholding prior art from the Patent and Trademark Office (the “PTO”) during the prosecution of Belcher’s patent...

Shearn Delamore & Co. Legal Updates August 2021 (2)
Shearn Delamore & Co., September 2021

Corporate/M&A Amendments to the Main Market Listing Requirements following Enhanced IPO Framework On 11 August 2021, Bursa Malaysia Securities Berhad (“Bursa Securities”) reviewed the Main Market Listing Requirements (“MMLR”) to ensure parity of regulation with the Securities Commission Malaysia’s (“SC”) introduction of an enhanced initial public offering (“IPO”) framework which took effect on 1 January 2021...

Bitesize Briefing – Freeports – Commercial Contracts and Supply Chain
Shoosmiths LLP, September 2021

The government has confirmed its intention to establish eight new Freeports in Solent, East Midlands Airport, Felixstowe & Harwich, Humber, Liverpool City Region, Plymouth & South Devon, Teesside and Thames. In our latest Freeport bitesize briefing, we look at some of the potential commercial contracts and supply chain opportunities for businesses looking to operate in these Freeports. There are generous customs and taxation benefits within Freeport sites...

Latest Federal Court Cases, 8/30/21
Schwabe, Williamson & Wyatt, August 2021

MLC Intellectual Property, LLC v. Micron Technology, Inc., Appeal No. 2020-1413 (Fed. Cir. Aug. 26, 2021) For those interested in an important Section 112 written description case, we recommend reading the Juno Therapeutics decision below, one of many significant precedential opinions issued this week. We choose as our Case of the Week another important decision issued this week, on the issue of damages, discovery, and expert disclosures...

The Implications of California’s Appellate Decision in Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al.
Buchalter, August 2021

  On August 11, 2021, the California Court of Appeals for the Second District extended the Pebley v. Santa Clara Organics (“Pebley”) Court’s analysis as applied to the admissibility of unpaid medical liens. Based on the Court’s reading of Howell v. Hamilton Meats[1] (“Howell”) and its progeny, the Court in Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al...

The Fintiv Factors – Patent Trial and Appeal Board Current Developments in Light of Arthrex
Dinsmore & Shohl LLP, August 2021

In Apple Inc. v. Fintiv, Inc., (IPR2020-00019, Fintiv), the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) elegantly laid out six different factors that the Board currently considers in discretionarily denying institution of an Inter Partes Review (IPR) that has a parallel district court proceeding...

Protection of Facility Agents in the Case of Erroneous Payments
Deacons, August 2021

In the recent US case of In Re Citibank August 11, 2020 Wire Transfers (Revlon), the New York federal court held that lenders in a syndicated loan were not obliged to return an erroneous payment made by the syndicated facility agent due to the ‘discharge for value’ principle, which operated as a successful defence to unjust enrichment (click here for the full decision)...

Free Britney: How Would Britney Spears’ Conservatorship have Played Out Under Scots Law?
Shepherd and Wedderburn LLP, August 2021

The news earlier this month that Jamie Spears has agreed to step down from his long-time role as conservator of his daughter Britney Spears’ estate “when the time is right” has once again shone a light on the singer’s 13-year-long conservatorship, leading many to consider capacity issues for the first time...

Arbitration Rules 2021
Shearn Delamore & Co., August 2021

Arbitration Rules 2021The Asian International Arbitration Centre (“AIAC”) launched its latest edition of the AIAC Arbitration Rules (“AIAC Rules”) on 1 August 2021. The AIAC Arbitration Rules 2021 (“2021 Rules”) streamline proceedings and embrace the needs of a fast evolving disputes climate...

Latest Federal Court Cases, 08/23/21
Schwabe, Williamson & Wyatt, August 2021

Teva Pharms. Int’l GmbH v. Eli Lilly and Co., Appeal Nos. 2020-1747, -1748, -1750 (Fed. Cir. Aug. 16, 2021) Eli Lilly and Co. v. Teva Pharms. Int’l GmbH, Appeal Nos. 2020-1876, -1877, -1878 (Fed. Cir. Aug. 16, 2021) In this week’s Cases of the Week, the Federal Circuit reviewed ...

Disagreeing with your Ex Over which School your Child Should GoTo
Shoosmiths LLP, August 2021

Separated parents sometimes disagree about which school to send their child to. It is difficult enough accepting if you cannot spend as much time as you want with your child, so having to agree schooling can make life even more difficult. Do I have a say in choosing schools? If you have parental responsibility for a child, you are entitled to have a say in which school they attend and generally about their education. Both parents usually have parental responsibility for their child...

The Sharing Principle in Short Marriages
Shoosmiths LLP, August 2021

In the recent case of E v L [2021] EWFC 60, the court has reconsidered how the sharing principle applied to marriages that are short and/or childless. Through the years, family courts have developed three key principles for financial remedy proceedings: “needs”, “sharing” and “compensation”. This article focuses on the two former principles...

Stop Syar Expansion Decision Demonstrates the Uphill Battle for CEQA Plaintiffs
Hanson Bridgett LLP, August 2021

Key Points The court found that plaintiff’s reliance on an issue raised by third-party commenter to establish exhaustion was a risky endeavor; insofar as a third party settles institutes its own challenge on an issue and settles a claim, the plaintiff in a later action, at least in some circumstances, cannot maintain its own challenge on that same issue...

Busker v. Wabtec – California Supreme Court Rules That On-Board Work Is Not Public Works
Hanson Bridgett LLP, August 2021

Yesterday, the California Supreme Court issued an important ruling in a case that had the potential to profoundly affect how public entities budget and pay for publicly funded projects in California, Busker v. Wabtec Corp. (Cal., Aug. 16, 2021,No. S251135) __ Cal.5th __, 2021 WL 3612126...

Social Media Influencers Could Become the Targets of Trademark Infringement Lawsuits
Buchalter, August 2021

Petunia Products, Inc. owns the BROW BOOST ® trademark, under which it sells a “Billion Dollar Brows” eyebrow primer and conditioner. Petunia recently asserted trademark infringement claims against a skin care products company, which Petunia alleges infringed on its BROW BOOST mark in connection with the name of its product that competes with Petunia’s product, and by using the hashtag #BROWBOOST on social media to promote its product...

Infringement Found for Football Teams’ Facemasks
Veirano Advogados, August 2021

The manufacturer of the official facemask for the Brazilian Football Confederation filed a court action against an e-commerce company, accusing it of offering similar items allegedly manufactured by third parties. The manufacturer of the official facemask for the men’s and women’s teams of the Brazilian Football Confederation (CBF) filed a court action against an e-commerce company, accusing it of offering similar items allegedly manufactured by third parties...

Latest Federal Court Cases, 08/16/21
Schwabe, Williamson & Wyatt, August 2021

PersonalWeb Technologies LLC v. Google LLC, Appeal Nos. 2020-1543, -1553, -1554 (Fed. Cir. Aug. 12, 2021) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s judgment on the pleadings that the claims of three patents owned by appellant PersonalWeb were invalid as patent-ineligible under 35 U.S.C. § 101...

 

 

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