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Mediation: A Star in the Making as a Dispute Resolution Method for Commercial Disputes (Focus on Thailand)
DFDL, November 2021

Article by Anne Coulon, Regional Legal Adviser, DFDL Thailand Mediation is a confidential, fast, flexible and cost-effective dispute resolution (“DR”) method based on the mutual consent of the involved parties. Companies, contractors, individuals, banks, real estate owners, governmental bodies; or any combination thereof may be parties to commercial mediation. Breaches of contract, business torts etc. can all be successfully submitted to and/or resolved through mediation...

Connecticut Supreme Court Rejects Tough Delaware Standard in Allowing Member Inspections of Manager-Managed LLC Books and Records – Or Does It?
Verrill, November 2021

Before allowing the inspection of corporate books and records, Delaware courts require a shareholder seeking information about possible mismanagement to come forward with evidence demonstrating a reasonable basis to suspect mismanagement.[1] In Benjamin v...

Thailand Re-opens for Tourism, Eases Travel Restrictions and Prepares to Welcome Vaccinated Visitors Back to Its Shores
DFDL, November 2021

The Tourism Authority of Thailand (“TAT”) announced via the Royal Thai Government Gazette on 30 October 2021 that as of 1 November 2021, earlier COVID-19-related restrictions would be lifted in the case of four designated ‘Blue Zone’ provinces: Bangkok, Krabi, Phang-Nga, and Phuket...

California’s AB 45 Opens the Door to Manufacture and Sale of Industrial Hemp Products
Hanson Bridgett LLP, November 2021

On October 6, 2021, Governor Gavin Newsom signed Assembly Bill 45 (AB 45) into law. AB 45 permits the manufacture and sale of a wide range of products containing regulated amounts of industrial hemp. Below is a brief overview: What is industrial hemp? “Industrial hemp” is defined as cannabis plants that have no more than 0.3% tetrahydrocannabinol (THC)...

Norwegian Court of Appeal rules on the MV «Cheshire» litigation
Simonsen Vogt Wiig AS, November 2021

The dispute relates to MV «Cheshire» incident in 2017, where a cargo of 42,000 metric tons of fertiliser was subject to a major decomposition incident off Gran Canaria, during a voyage from Norway to Thailand. The fertiliser was completely damaged and the vessel was declared a total loss. The cargo owners held the ship owners jointly liable for the cargo damage. Bibby Transport Ltd and a number of H&M insurers held the fertiliser producer liable for the damaged vessel...

DEA Considering Regulation of Telepharmacy Practice
Dinsmore & Shohl LLP, November 2021

On Nov. 17, 2021, the United States Drug Enforcement Administration (DEA) released an advanced notice of proposed rulemaking (the Notice) concerning its potential development of telepharmacy regulations...

Landmark FDA Proposal Seeks to Open Hearing Aid Manufacturing Market and Provide Millions with Access to Care
Dinsmore & Shohl LLP, November 2021

On Oct. 19, 2021, the U.S. Food and Drug Administration (FDA) issued a proposed rule that would establish a new category of over-the-counter (OTC) hearing aids. The rule came in response to President Joe Biden’s July 9 executive order, which among other things, calls for wide availability of low-cost hearing aids in order to promote economic competition...

CMS Removes All Nursing Home Visitation Restrictions as COVID-19 Cases Decrease
Dinsmore & Shohl LLP, November 2021

In order to continue addressing the impacts of COVID-19 on nursing home residents, the Centers for Medicare & Medicaid Services (CMS) recently issued a memo updating guidance for nursing home visitation. You can read the full memo here. Early in the pandemic, CMS implemented visitation restrictions to mitigate the risk of visitors introducing COVID-19 to nursing homes. Now, CMS is updating its guidance and allowing visitation for residents at all times...

Latest Federal Court Cases, 11/15/21
Schwabe, Williamson & Wyatt, November 2021

Apple Inc. v. Qualcomm Inc., Appeal Nos. 2020-1683, -1763, -1764, 1827 (Fed. Cir. Nov. 10, 2021) Our Case of the Week reinforces a developing body of law concerning standing to appeal from an adverse PTAB decision in an IPR.  This is the second such decision arising from a global settlement between Apple and Qualcomm this year.   We wrote about the first case, in April this year, here...

Clause and effect: “see to it” and “on demand” guarantees
Shepherd and Wedderburn LLP, November 2021

  In the recent case of Shanghai Shipyard Co. Ltd. V. Reignwood International Investment (Group) Company Limited [2021] EWCA Civ 1147 the Court of Appeal (COA) unanimously overturned the first instance decision and found a parent company guarantee to be a guarantee “on demand”. Despite arbitration proceedings having commenced under the underlying contract, the COA found the guarantor liable to pay $170 million under the guarantee...

Philippines: BSP Guidelines on Digitization of Customer Records
DFDL, November 2021

Circular Letter No. CL-2021-080, issued on 18 October 2021 by the Bangko Sentral ng Pilipinas (“BSP”), disseminates to all BSP-Supervised Financial Institutions (“BSFI”) the Anti-Money Laundering Council’s (“AMLC”) Guidelines on Digitization of Customer Records (“DIGICUR”) adopted via the AMLC Regulatory Issuance (“ARI”) A, B, and C, No. 2, Series of 2018...

OIG Revises and Renames its Provider Self-Disclosure Protocol
Dinsmore & Shohl LLP, November 2021

On Nov. 8, 2021, the U.S. Department of Health & Human Services Office of the Inspector General (OIG) updated and renamed its Provider Self-Disclosure Protocol. Now called the Health Care Fraud Self-Disclosure Protocol (SDP), the OIG’s revisions are the first changes to the SDP since 2013. We report on the key elements of these changes below...

Broadband Bonds and Carbon Capture Bonds: Two New Tax-Exempt Bond Categories in Bipartisan Infrastructure Bill
Dinsmore & Shohl LLP, November 2021

Two new categories of tax-exempt bonds were created by the Infrastructure Investment and Jobs Act (H.R. 3684) (the Act) adopted by the House on Nov. 6, 2021: “Qualified Broadband Projects” and “Carbon Dioxide Capture Facilities...

Supreme Court gives landmark judgment in Lloyd v Google data breach litigation
Shoosmiths LLP, November 2021

In Lloyd v Google, the Supreme Court denied claims for mere 'loss of control' and ruled against mass class actions for data claims. Here, Philip Tansley and Matthew MacLachlan consider the court's reasoning and the broader implications for such claims. Case In its landmark judgment today, the Supreme Court unanimously held that a representative class action brought on behalf of approximately 4...

International Arbitration: UK Supreme Court Judgment, Kabab-Ji SAL v Kout
Shoosmiths LLP, November 2021

In Kabab-Ji SAL v Kout Food Group, the UK Supreme Court recently considered the question of which system of law the English courts must apply to decide whether there is an enforceable arbitration agreement.  This case illustrates the different approaches taken in determining questions of applicable law and the consequences this can have for both annulment and enforcement proceedings in different countries...

Home Alone 2.3: The FCA Visit
Shoosmiths LLP, November 2021

The FCA has updated its guidance on remote and hybrid working – firms (and applicants) need to ensure they are up to speed with the revisions. On 11 October 2021, the FCA published an update on its guidance to firms (and applicants) on remote and hybrid working models...

Managing Speculative Claims Following a Data Breach
Shepherd and Wedderburn LLP, November 2021

Increased public awareness of data protection regulations has sparked a rise in claims for damages associated with distress caused by data breaches. Many claims are made in response to serious breaches that have caused financial loss or significant distress, however organisations are increasingly receiving significant financial claims for relatively minor breaches...

Priority Of Coverage Lessons From 2nd Circ. Insurance Ruling, Law360
Hunton Andrews Kurth LLP, November 2021

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Latest Federal Court Cases, 11/8/21
Schwabe, Williamson & Wyatt, November 2021

University of Strathclyde v. Clear-Vu Lighting LLC, Appeal No. 2021-2243 (Fed. Cir. Nov. 4, 2021) In this week’s Case of the Week, the Federal Circuit reversed an inter partes review decision finding claims directed to light-based disinfecting methods to be obvious over the prior art.  This case provides a helpful example of how negative claim limitations can affect an obviousness determination...

CMS Requires COVID-19 Vaccine for Health Care Workers at all Facilities Participating in Medicare and Medicaid
Dinsmore & Shohl LLP, November 2021

On Nov. 4, 2021, the Centers for Medicare and Medicaid (CMS) released a new Interim Final Rule (IFR) regarding staff vaccination at facilities that participate in the Medicare and Medicaid programs. The IFR requires covered employers to ensure that staff receive their first dose no later than Dec. 5, 2021 and achieve full vaccination no later than Jan. 4, 2022. The vaccine rule that was also released on Nov...

It’s Time to Talk About the Menopause
Shoosmiths LLP, November 2021

In association with Macmillan Davies and led by Employment Partner, Emma Morgan and Associate, Lauren Bholé, this webinar focused on the menopause in the workplace. With World Menopause Day having just passed (18 October 2021) and a parliamentary debate on the menopause having entered the House of Commons in September 2021, the menopause has been a focal point for media coverage...

Kostal Decision – The Final Round
Shoosmiths LLP, November 2021

Do you have a unionised workforce? If so, the Kostal (Kostal UK Ltd v Dunkley and others [2021] UKSC 47 (27 October 2021)) decision is a must read. If you are an employer which recognises a union - or unions - then the Kostal decision is unlikely to have escaped your notice. The case was brought because an employer ‘went around’ the recognised union and made a pay offer direct to employees despite there being an agreement with the union in place...

Publication of Exempt Resolutions That Modify the Fourth Step-by-Step Plan and the Protected Borders Plan
Carey, November 2021

On October 29, 2021, the following resolutions were published in the Official Gazette: Exempt Resolution No. 1,080 of the Undersecretary of Public Health amending Exempt Resolution No. 994, of 2021, of the Ministry of Health, which establishes the fourth Step-by-Step Plan; and Exempt Resolution No. 1,079 of the Undersecretary of Public Health, which amends Exempt Resolution No. 672, of 2021, of the Ministry of Health, which establishes the Protected Borders Plan...

Dubai Court of Cassation clarifies the application of Optional Arbitration Clauses
Afridi & Angell, November 2021

In a decision issued in July 2021, the Dubai Court of Appeal held that an arbitration clause should be construed narrowly, and emphasized that everything that may be waived or prevents its [i.e., the arbitration clause’s] application must be sought. This judgment, which rejected a challenge to the jurisdiction of the Dubai Courts based on the existence of a purported arbitration agreement, was discussed in our inBrief dated 12 September 2021...

Chapters on Trials and Statistical Sampling, A Practitioner's Guide to Class Actions (3d edition), American Bar Association Tort Trial & Insurance Practice Section
Hunton Andrews Kurth LLP, November 2021

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