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UK Supreme Court rules on correct approach to interpreting liquidated damages clauses
Deacons, September 2021

In Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29, the principal issue before the Court was the approach to be adopted when interpreting a liquidated damages clause in a contract i.e. a clause providing for a pre-determined sum agreed upon in the event of a specified breach by one of the parties...

Latest Federal Court Cases, 09/20/21
Schwabe, Williamson & Wyatt, September 2021

Omega Patents, LLC, v. CalAmp Corp., Appeal Nos. 2020-1793, -1794, (Fed. Cir. Sept. 14, 2021) In its only precedential patent case this week, the Federal Circuit sent a case back for a third trial on the issue of damages. This appeal comes after the second jury trial, in which Omega accused CalAmp of infringing claims of four of its patents. In the prior appeal and the instant appeal, the Court affirmed on the underlying issues of infringement and validity...

Medicare Coverage of Innovative Technology Program for FDA Breakthrough Devices: from Delayed to Repealed
Dinsmore & Shohl LLP, September 2021

On Sept. 15, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule to repeal the Medicare Coverage of Innovative Technology (MCIT) and Definition of “Reasonable and Necessary” final rule, which was published on Jan. 14, 2021, and would be effective on Dec. 15, 2021.  In June 2021, we reported on CMS’ decision to delay the MCIT Program Final Rule (The Rule)...

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...

Requirement for UKCA Marking Deadline Extended by One Year
Shepherd and Wedderburn LLP, September 2021

 On 24 August 2021, The Department for Business, Energy and Industrial Strategy (BEIS) granted a one-year extension for manufacturers to begin applying the UK Conformity Assessed (UKCA) marks for products marketed in the UK. The new deadline is 1 January 2023. UKCA marks replace CE marks in the UK...

Chilean Executive Presents “FinTech Law” Bill
Carey, September 2021

On September 3, the executive presented to Congress the anticipated draft of the "FinTech Law", the new regulation that proposes a legal framework applicable to FinTech companies in Chile (the "Bill"). Until now, FinTech companies in Chile have operated without their own or specially designed legal framework, which has generated a series of regulatory inconveniences that have impacted their business model and hindered the development of these technologies in Chile...

Five Points to Negotiate in a 'Black Box' Product Development Agreement
Hanson Bridgett LLP, September 2021

  Article PDF Practical Insights Five Points to Negotiate in a 'Black Box' Product Development Agreement What is a “black box” product development agreement? How do you protect your product idea? What intellectual property can a Manufacturer expect to own? Can a Manufacturer limit a Processor’s right to work for others? What about co-manufacturing agreements? What is a “black box” product development agreement? A food

Cambodia: Placement of Devices to Measure Volumes of Beer and Non-Alcoholic Beverages to Comply with New GDT Instruction
DFDL, September 2021

On 8 September 2021, the General Department of Taxation (“GDT”) issued Instruction No. 15024 on the obligation to install devices to measure the volume of beer and/or non-alcoholic beverages on the sites of local beverage producing enterprises...

Tech Disputes: Exclusions and Limitations of Liability
Shoosmiths LLP, September 2021

Exclusion and limitation clauses are central to any IT or technology contract. When a dispute arises exclusions and limitations of liability are invariably key to determining whether there is liability and the extent of it. When a dispute arises exclusions and limitations of liability are very often key to determining whether there is liability, and the extent of it...

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...

Assumptions Will Make a Fool out of You and the Reasonableness of your Delay-Related Costs Claim
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ In one of its recent opinions, Kellogg Brown & Root Services, Inc. v. Sec’y of the Army, the Federal Circuit issued new guidance on what contractors must show to prove the reasonableness of costs incurred following an (alleged) government-caused delay. The U.S. Army (the “Army”) and Kellogg Brown & Root Services, Inc. (“KBR”) contracted for KBR to deliver thousands of trailers to Iraq by an agreed-upon deadline...

Telepharmacy: The Future of Digital Healthcare
Kudun and Partners, August 2021

During the COVID-19 pandemic, when hospitals have increasingly experienced a shortage of beds and medical staff to take care of patients, telepharmacy has emerged as one of the most effective ways to reduce the number of people visiting not only the hospitals themselves but also pharmacies and health clinics. Telepharmacy is the provision of pharmaceutical care to patients remotely by registered pharmacists and pharmacies using telecommunications...

Navigating the Fintech Revolution in Thailand
DFDL, August 2021

‘Navigating the Fintech Revolution in Thailand’ is the indispensable must-read guide for fintech experts who want to stay up-to-date on all current and future fintech developments and successfully navigate the sector’s many challenges and pitfalls! In this edition, DFDL reports on the current state of fintech in Thailand from a legislative and policy perspective with an overview of the current and future fintech landscape...

$784M Fraud Charge Against Telemedicine Company Highlights Importance of Evaluating Telehealth Arrangements
Dinsmore & Shohl LLP, August 2021

Telemedicine and telehealth are newer and ever-expanding components of health care.[1] There are many viable arrangements for companies who wish to engage in telemedicine and/or telehealth and these arrangements can offer many benefits to the patients they serve.  However, companies and licensed individuals who provide services should be careful to understand the state and federal regulatory framework under which they operate...

Will PLIs Give Japanese Manufacturing a Boost in India?
Kochhar & Co. Advocates & Legal Consultants, August 2021

Japan has a history of investment and joint ventures in India. Foreign direct investment from Japan increased to USD35 billion between 2000-2020, with USD10 billion worth of inbound mergers and acquisitions in 2015-2020 alone. Factors including geopolitical realignments in Asia, excess global liquidity and a new, incentive-based manufacturing regime in India mean that the economic relationship between India and Japan in high-value manufacturing is likely to expand further...

Cryptocurrency – The Future of Banking?
Shoosmiths LLP, August 2021

In our previous article (Cryptocurrency – The Future of Money), we provided an overview of the key ideas behind cryptocurrency. In this article, we look at how cryptocurrency and digital currency might impact the corporate banking and finance market...

Mamo TCV Newsletter - July 2021
Mamo TCV Advocates, August 2021

Banking & Finance The Central Bank of Malta Issues Directive 19 on the Use of Cheques and Bank Drafts Directive No 19 ‘on the Use of Cheques and Bank Drafts’ was issued by the Central Bank of Malta on 7th July 2021 with the aim of promoting safe and effective use of cheques and bank drafts drawn on Maltese banks and financial institutions...

From Coders to Brokers: New Proposed 1099-B Reporting for Crypto Miners and Software Developers
Hanson Bridgett LLP, August 2021

Key PointsThe Infrastructure Investment and Jobs Act (H.R. 3684) passed the Senate with a broad definition of "broker" to target cryptocurrency information reporting to the IRS.Absent amendment, the bill imposes obligations similar to IRS Form 1099-B on various technology providers in the crypto industry, even if they do not broker digital asset transactions and lack the necessary information to comply...

The Three Laws of Legal Robotics
Shoosmiths LLP, August 2021

In the 1940s writer and futurologist Isaac Asimov laid down his Three Laws of Robotics. We say it’s time for lawyers to do the same. A flourishing future is ours for the taking, provided we know how to grasp it. At Shoosmiths, we’ve been working on future-facing projects for a good few years now...

Patents: Inventors can be Inhuman
ENSafrica, August 2021

“We are both created and create. Why cannot our own creations also create?” What a week First we heard that a South African patent for an invention that lists artificial intelligence (“AI”) as its inventor had been issued, a world first. Then we heard that an Australian court had handed down a judgment allowing AI to be listed as the inventor of a corresponding patent in Australia...

Federal Court of Justice on the Scope of the Right to Access Pursuant to Article 15(1) GDPR
Heuking Kühn Lüer Wojtek, August 2021

Background In its ruling of June 15, 2021 (Case No. VI ZR 576/19), the German Federal Court of Justice (BGH) for the first time took a comprehensive position on the scope of the right to access pursuant to Article 15(1) GDPR. Article 15 GDPR standardizes the right of access of a data subject vis-à-vis a controller...

Who is Liable for Infringing Copyright? The YouTube Case
ENSafrica, August 2021

The liability of online platforms relating to infringing IP material that appears on their platforms is an interesting topic. Who is liable for infringing material that appears on online platforms, the person who posts the material or the online platform? This was recently considered by the Court of Justice of the European Union (“CJEU”) in two separate cases. Some preliminary points Copyright news in South Africa these days is scant...

OP-ED: Evolving Privacy Laws Present Challenges for Smart Buildings
Schwabe, Williamson & Wyatt, August 2021

Smart buildings offer individuals, businesses and even cities better and more efficient ambient experiences. However, the connected technologies that make buildings “smart” tend to require processing massive amounts of data inputs, often including personal information...

Data Breach Litigation: A Tap on the Brakes or the End of the Road for Claimant Firms?
Shoosmiths LLP, August 2021

The recent Warren v DSG decision may significantly limit the recent wave of data breach litigation by claimant firms. The High Court summarily dismissed claims for breach of confidence, misuse of private information and negligence. Introduction Last week, the High Court handed down judgment in Darren Lee Warren v DSG Retail Limited [2021] EWHC 2168 (QB), a decision that may significantly limit the recent wave of data breach litigation by claimant firms...

Why Trust is the Key to Success in Legaltech
Shoosmiths LLP, August 2021

The SRA recently published its Technology and Innovation in Legal Services report. One key feature was improving user trust in legal technology. It's much more important that you'd think. ‘Hello! And thank you for reading this far. Unfortunately, all of our authors are busy at the moment. Your custom is very important to us. Please wait as we transfer you to the next paragraph. Thank you. As clearly as possible, please tell us why you are reading this article. Sorry...



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