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WEBINAR - Online intellectual property threats and best practices amid Covid-19 in the Asia Pacific region
Shearn Delamore & Co., February 2021

Dear valued clients, colleagues and business partners, You are invited to join a remarkable panel of speakers who will discuss some of the latest trends in online infringement related to Covid-19 pandemic and best practices for developing a sound brand protection strategy for your intellectual property...

COVID-19 Measures in Dubai and Abu Dhabi
Afridi & Angell, February 2021

New measures to curb the “second wave” of COVID-19 cases have been introduced by the Dubai Supreme Committee of Crisis and Disaster Management (the Dubai Committee) and the Abu Dhabi Emergency Crisis and Disasters Committee for COVID-19 Pandemic (the Abu Dhabi Committee)...

Why Indemnification Provisions Are Too Important to Leave to the Lawyers
Dinsmore & Shohl LLP, February 2021

The Oil Can published an article by Dinsmore partner Mark Boos this week in its Spring 2021 edition about the importance of indemnification provisions are essential in commercial contracts, an excerpt of which is below. Indemnification provisions are part of virtually every commercial contract. Ironically, they’re also among the contract elements most likely to be overlooked by the parties...

Significant Buy American Amendments are Here
Bradley Arant Boult Cummings LLP, February 2021

Aron Beezley of Bradley Arant Boult Cummings LLP enumerates the key impacts of the Federal Acquisition Regulation Council's final rule adopting mandates of the executive order Maximizing Use of American-Made Goods, Products, and Materials. The Federal Acquisition Regulation (FAR) Council recently issued a final rule1 that implements the requirements of the Maximizing Use of American-Made Goods, Products, and Materials Executive Order...

Major Changes Coming to Prop 65 “Short-Form” Warnings
Buchalter, February 2021

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed sweeping changes to the popular “short-form” Proposition 65 warning. On January 8, 2021, OEHHA issued a proposal to amend Article 6 “Clear and Reasonable Warnings” Section 25601. This Article sets forth “safe harbor” warning methods, including warnings for consumer product exposures...

Synergies and Conflicts—Adapting the Retail Environment to New Uses
Bradley Arant Boult Cummings LLP, February 2021

Current State of Shopping Centers Our legacy shopping centers are often well-located, near transportation routes, population centers and employment hubs. Post-recession enthusiasm for shopping encouraged the expansion of many retail stores and product lines, and rental rates for prime shopping locations continues to grow...

California Proposes Significant Change to Limit Use of Short-Form Proposition 65 Warning For Consumer Products
Hanson Bridgett LLP, January 2021

Article PDFJust when businesses thought they had figured out their Proposition 65 compliance strategies, the State of California, through the Office of Environmental Health Hazard Assessment (OEHHA), has proposed a substantial change that will drastically limit the use of the short-form safe harbor warning first authorized in 2018...

2021 Predictions: Restructuring and Insolvency
Shoosmiths LLP, January 2021

There were big changes in 2020 in the world of restructuring and insolvency legislation with the introduction of two new restructuring tools: the Moratorium and the Restructuring Plan, as well as the reintroduction of Crown preference. However, due to the government-imposed moratorium while the pandemic runs its course, we have seen hardly any real effects of those reforms...

Brexit and Your Marks in the UK: A Brief Report
Shearn Delamore & Co., January 2021

The Brexit transition came to an end on 31 December 2020. Moving forward, the EU rules of law and legal system will no longer bind the UK, including for intellectual property matters...

State of Ohio Board of Pharmacy Adopts Resolution Regarding Responsible Person Requirements for Licensure of Terminal Distributor and Dangerous Drugs License
Dinsmore & Shohl LLP, January 2021

The State of Ohio Board of Pharmacy (OBP) is required to adopt a resolution specifying the required types of credentials for the responsible person of each business type of (i) terminal distributors of dangerous drugs and (ii) distributor of dangerous drugs. Only individuals who meet the credentials specified may be the responsible person for that type of business. On Jan...

Pre-Trial Injunction - Preservation of the Status Quo
Shearn Delamore & Co., January 2021

A case note by Elyse Diong Tze Mei. INTRODUCTION The recent case of Bellini Resources (M) Sdn Bhd v Mohamad Zaini bin Md Taha1 sets out the criteria for the preservation of the status quo pending trial where the ownership of a trade mark is in dispute...

The BCA Suspects Caudalie of Imposing Minimum Resale Prices on its Distributors
ALTIUS/Tiberghien, January 2021

Over the last 4 years, the Belgian Competition Authority (“BCA”) has increasingly scrutinised anticompetitive restraints in vertical agreements and assessed these restraints under Article IV.1 of the Belgian Code of Economic Law and Article 101 TFEU...

Improper CBD Product Marketing Lands in FDA’s Crosshairs
Dinsmore & Shohl LLP, January 2021

On Dec. 22, 2020, the U.S. Food and Drug Administration (FDA) issued warning letters to five companies for violations of the Federal Food, Drug, and Cosmetic Act (FD&C Act) related to the sale of cannabidiol (CBD) products.[i] CBD is the primary non-psychotropic compound in Cannabis sativa plant. The FDA stated the companies who were served warning letters illegally marketed CBD products for the treatment or prevention of medical conditions, including COVID-19...

The Court of Appeal Adds a Few More Shades to Canada’s Grey Market
Lavery Lawyers, December 2020

In Canada, as elsewhere in the world, intellectual property owners have made numerous attempts to control their distribution channels through trademark law, copyright law, or exclusive contracts, without much success. However, in a recent decision ( Costco Wholesale Canada Ltd. v. Simms Sigal & Co. Ltd...

How COVID-19 is Changing the Face of Retail
Waller, December 2020

2020 was already expected to be a challenging year for the retail industry and the worldwide pandemic only intensified the underlying troubles. Heading into the year, one estimate projected that 12,000 major chain stores would close in 2020. Today, a number of high-profile brands are in bankruptcy and tenants and landlords alike are struggling to recover from COVID-19 related closures...

The Mall is Dead, Long Live the Mall
TSMP Law Corporation, December 2020

Retail is facing its biggest reset post-pandemic. It survived multiple economic depressions, two world wars and a catastrophic fire. But after 162 years, Robinsons will be no more. The iconic Singapore department store may have been the pandemic’s latest casualty, but the truth is that the red ink had begun bleeding long before Covid-19 struck. Suffering from intense competition from e-commerce, the once-publicly listed company had not turned a profit since at least 2014...

Points for Retail Sector Employers to Consider when Dismissing Employees for Economic or Technical Reasons
ALTIUS/Tiberghien, December 2020

The retail sector has been one of the sectors most affected by the COVID-19 pandemic and as a result employers therein might be considering dismissing employees for economic or technical reasons. Employers must be aware that most joint committees in the retail sector have entered into collective bargaining agreements (CBAs) obliging employers to first take measures to avoid dismissals and, if dismissals cannot be avoided, to comply with a specific procedure...

Recording a Trademark Assignment in the British Virgin Islands
O'Neal Webster, December 2020

A registered trademark in the British Virgin Islands is transmissible in the same way as other personal or moveable property. Transmission can be completed by assignment, testamentary disposition, or operation of law. When a trademark is assigned, the owner’s right, title, and interest with respect to the trademark is transferred to the new owner...

Hunton Retail Law Resource Blog: Analysis and Insight in Retail Law
Hunton Andrews Kurth LLP, November 2020

The Retail Industry team would like to provide you with an update on legal developments in the retail and consumer products industries as posted on the Hunton Retail Law Resource blog. If you wish to receive email alerts when new posts are published, please visit our blog and enter your email address in the subscribe field...

Guideline on Oversight of Designated Retail Payment Systems (“Guideline”)
Deacons, November 2020

In September 2020, the Hong Kong Monetary Authority (“HKMA”) issued the Guideline explaining the HKMA’s interpretation of some of his oversight requirements under the Payment Systems and Stored Value Facilities Ordinance (“PSSVFO”) relating to designated Retail Payment Systems (“Designated RPS”) so as to assist system operators (“SO”) or settlement institutions (“SI”) of Designated RPS to understand and comply with such requiremen

California Consumer Privacy Act 2.0 – What You Need to Know
Hanson Bridgett LLP, November 2020

Key Points On Nov. 3, 2020, a substantial majority of California voters passed the California Privacy Rights and Enforcement Act (CPRA). The CPRA replaces the California Consumer Privacy Act (CCPA), bringing California Privacy law more in line with the European Union’s General Data Protection Regulation (GDPR) and considerably strengthening the privacy rights of California residents. CPRA will go into effect on Jan. 1, 2023...

Attention Points for Retail Sector Employers Considering Dismissing Employees
ALTIUS/Tiberghien, November 2020

As the retail sector is one of the sectors most affected by the Covid-19 pandemic, employers within it might be considering dismissing employees for economic or technical reasons...

The Acceleration of Retail Technology
Shoosmiths LLP, November 2020

Shoosmiths’ digital media expert and Partner, Sherif Malak, examined the multitude of predicted developments in retail, and the legal challenges that accompany them, in an article published in the Lawyer.  Here we reiterate Sherif’s published thoughts on likely trends. Introduction The COVID-19 crisis has brought a renewed focus to the role of retail technology and models, as the industry seeks to reimagine the retail landscape over the next year and beyond...

Hunton Retail Law Resource: Analysis and Insight in Retail Law
Hunton Andrews Kurth LLP, November 2020

The Retail Industry team would like to provide you with an update on legal developments in the retail and consumer products industries as posted on the Hunton Retail Law Resource blog. If you wish to receive email alerts when new posts are published, please visit our blog and enter your email address in the subscribe field...

Got COVID-19 "Claims": Recent US EPA Enforcement under FIFRA Emphasizes Compliance Demands on Pesticide Product Supply Chains, Especially for Products Claiming to be Effective Against Coronavirus
Hunton Andrews Kurth LLP, November 2020

In the age of COVID-19, demand for surface wipes, sprays and similar products is at record levels. Retail stores have struggled to keep supplies stocked and shelves may once again be emptied when the winter flu season arrives. If schools and businesses reopen concurrently, the prospects of securing these products becomes even bleaker, which may re-fuel consumer stockpiling...



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