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Coronavirus Digest: Patents and Other Intellectual Property Rights
PLMJ, August 2020

The world is desperately seeking a vaccine and treatments against COVID-19 and the answer will also be found in intellectual property. For this reason, PLMJ and Inventa International have joined forces to prepare a Digest on these issues that is continuously updated...

When is a Financial Institution not a Financial Institution? When its Wirecard
TSMP Law Corporation, August 2020

How Wirecard skirted regulatory scrutiny by jurisdiction-shopping and canny intra-group structuring. It would have been the quintessential business success story. Founded in Munich in 1999, this small payment processor for online gambling and pornography sites grew so massive that, by 2018, it had displaced Commerzbank from Germany’s prestigious Dax 30 index. At its peak, the juggernaut was valued at more than €24 billion (S$38.6 billion)...

Construction Industry Arbitration Commission ("CIAC") Guidelines on the Conduct of On-Line or Virtual Proceedings for CIAC Cases
SyCip Salazar Hernandez & Gatmaitan, July 2020

This is a briefing on the CIAC Memorandum Circular No. 01-2020 dated June 10, 2020,1 a COVID-19 related issuance. A. Authority to Hold Virtual Proceedings B. No Change in the Deadline for the Issuance of Final Awards C. In-Person Proceedings D. Conduct of Virtual Proceedings ______________________________________________________________________________________________________________ CIAC’s Memorandum Circular No...

International Filings via Madrid Protocol
Shearn Delamore & Co., July 2020

International Filings via Madrid Protocol On 27 December 2019, Malaysia acceded to the Madrid Protocol, opening Malaysia up to the international trademark filing system. Parallel to the accession, as many are aware, the new Trademarks Act 2019 also came into force on the same date, establishing, amongst others, the law and practical guidelines for the international filing system. With over 1...

Data Backup and Security Guidelines as Impact Mitigation Strategies in Light of the COVID-19 Pandemic
AELEX, July 2020

The COVID-19 pandemic hit the world in an unprecedented manner and, in just a few months, it has had such a profound impact on the world of work. As a result, physical office premises were shut down and many employees were forced to work from home with little or no security policy in place or a viable data backup and recovery plan...

Electronic Signatures in Chile - When you Can Use Them and When you Can't?
Carey, July 2020

The pandemic revealed a great need to remotely execute acts and contracts, avoiding the need to meet to sign the documents or appear before a notary. This increased the doubts about the regulation on electronic signatures, especially in order to understand under what circumstances they can be used and when not...

Can you Get a Vesting Order for Cyber Fraud Cases?
Deacons, July 2020

Cyber frauds, in particular email scams, have become a common trend of crime in Hong Kong in recent years. Fraudsters use various means to deceive the victims into transferring money to unauthorised bank accounts. Upon discovery of the fraud and based on information obtained from the bank, the victim may apply for an injunction from the court to freeze the recipients’ bank accounts and if the victim is lucky enough, there will be some credit balance left to recover...

Data Protection Authorities Set Out Expectations in Open Letter to VTC Companies
Deacons, July 2020

On 22 July 2020, data protection authorities from Australia, Canada, Gibraltar, Hong Kong, Switzerland and United Kingdom (together the Authorities), issued an open letter (Letter) on global privacy expectations of video teleconferencing companies (VTC companies)[1]. Why there is such a Letter? As a result of the COVID-19 pandemic, the Authorities have witnessed an increasing use of VTC tools, both in social and business contexts...

Proposed Amendment to the North Carolina Identity Theft Protection Act
Spilman Thomas & Battle, PLLC, July 2020

In April 2019, with the introduction of House Bill 904, a bi-partisan effort was made to strengthen cyber security in North Carolina. H.B...

The Top Three Data Protection Law Topics in Japan
Atsumi & Sakai, July 2020

In Japan, the Act on the Protection of Personal Information (APPI) is the primary law that regulates data protection issues...

EU-U.S. Privacy Shield Invalidated: Does Your Company Have a Plan B?
Verrill, July 2020

On Thursday, July 16, 2020, the Court of Justice of the European Union (“CJEU”) invalidated the EU-U.S. Privacy Shield (“Privacy Shield”) in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Case C-311/18) The CJEU’s ruling voiced concern that the Privacy Shield does not adequately protect EU data subjects’ personal data from U.S...

Major Disruption to US Data Transfers as EU-US Privacy Shield Declared Invalid by CJEU
Shepherd and Wedderburn LLP, July 2020

Thursday 16 July 2020 saw the Court of Justice of the European Union (“CJEU”) issue its decision on the validity of two international data transfer mechanisms - the “Privacy Shield” mechanism, which allowed for transfers between the EU and the US, and the Standard Contractual Clauses (“SCCs”) which are of more general application. Both of these mechanisms were confirmed by decisions of the European Commission...

The EU-U.S. Privacy Shield Invalidated: What it Means for U.S. Companies
Lowenstein Sandler LLP, July 2020

What You Need To Know and Do Now: Europe’s top court has invalidated the EU-U.S. Privacy Shield, effective immediately. For now, other EU-U.S. data transfer mechanisms, such as the Standard Contractual Clauses, remain intact BUT subject to additional, intense scrutiny by EU regulators. The U.S...

European Court of Justice Invalidates Privacy Shield, Upends Cross-Border Transfers
Dinsmore & Shohl LLP, July 2020

On Thursday, July 16, 2020, the European Union's top court issued a landmark ruling that will immediately transform how companies can lawfully transfer EU personal data to the United States. The court invalidated the EU-U.S. Privacy Shield, one of the most common mechanisms used by U.S. companies in connection with cross-border data transfers...

TMT And Data Compliance & Cybersecurity: Personal Data Protection in the Age of Covid-19
Shearn Delamore & Co., July 2020

With the implementation of the Movement Control Order (MCO) since 18 March 2020, the Conditional Movement Control Order (CMCO) as well as the Recovery Movement Control Order, the Government has issued a number of Standard Operating Procedures (SOPs) to control the spread of the Covid-19 pandemic...

Companies Will Need to Embrace Change in Order to Emerge Less Scathed from the Shadow of COVID-19
Shoosmiths LLP, July 2020

How successfully a business emerges following this pandemic will depend to a great extent on how quickly it identifies and implements long term necessary changes. Nobody is yet clear what the post-Covid-19 world will look like. It is possible that things revert back to the way they were quicker than anyone imagines. That said, it is very difficult to imagine no lasting or consequential changes to the way we work or live...

EDPB Issues Statement on Restrictions on Data Subject Rights During COVID-19
A&L Goodbody, July 2020

The European Data Protection Board (EDPB) has adopted a statement on restrictions on data subject rights in connection with the state of emergency in Member States. The EDPB emphasises that, despite the international crisis, the GDPR remains applicable and allows an efficient response to the pandemic, while still protecting fundamental rights and freedoms. The EDPB’s statement was made in response to a Hungarian government decree dated 4 May 2020...

European Commission Releases First Report on Evaluation of GDPR
Hunton Andrews Kurth LLP, June 2020

On June 24, 2020, the European Commission (“the Commission”) submitted its first report on the evaluation and review of the EU General Data Protection Regulation (“GDPR”) to the European Parliament and Council. The report is required under Article 97 of the GDPR and will be produced at four year intervals going forward...

The Economy in the Post-COVID-19 Era: A Legal Perspective on the Accelerated Digital Transformation
Garrigues, June 2020

  We analyze, from all areas of business law, the main digital and technological challenges that will face companies after the pandemic, and offer possible answers and legal solutions...

Some Going Concerns: A Primer on Intellectual Property Issues in Bankruptcy for Licensors and Licensees
Lowenstein Sandler LLP, June 2020

Westlaw Journal Bankruptcy Much has been written on the myriad of legal issues emanating from the global COVID-19 pandemic: the constitutionality of the lockdowns, liability for stores that open, the process of obtaining PPP loans, and the applicability of force majeure clauses, to name a few. As intellectual property and bankruptcy practitioners, we are fielding more questions regarding the impact of bankruptcies (both actual and potential) on the rights of licensors and licensees...

Privacy Concerns Multiply as Digital Contact Tracing Spreads: U.S. Tech Industry Takes the Lead as Congress Fails to Act
Lowenstein Sandler LLP, June 2020

What You Need To Know: Digital contact tracing (DCT) is a potential game changer in the COVID-19 pandemic. However, the sensitive personal information collected by DCT applications (“DCT apps”) largely falls through the cracks of existing U.S. data protection laws. The California Consumer Privacy Act (CCPA) may be the only current legal model that encompasses the data privacy aspects of digital contact tracing...

International Comparative Legal Guides: Fintech 2020
Shearn Delamore & Co., June 2020

The Fintech LandscapeDevelopments in 2019 in terms of sectors were:Payments: Remittance was an area of significant growth in 2019, with a number of notable non-bank payments service providers receiving Remittance (Class B) Licences from Bank Negara Malaysia (BNM). MoneyMatch, the first graduate from BNM’s Regulatory Sandbox programme for incubating and ensuring the sustainability and regulatory compliance of fintech start-ups, was the first to receive a licence at the start of the year...

The Perils of Responding to Cyber-Incidents Just Got More Complicated
Bradley Arant Boult Cummings LLP, June 2020

It’s 8 am, and you just learned that a material cyber-incident occurred in your organization. You fire up your Incident Response Plan. You engage outside counsel, and outside counsel engages a forensic firm. Your company, your outside counsel, and your forensic firm all sign an agreement that the forensic firm will work at the direction of outside counsel...

Introducing the Arendt Insights Mobile App: Instant Access to the Legal Developments Impacting Business in Luxembourg.
Arendt & Medernach, June 2020

“At a time when the flow of information is always expanding, this app is a smart alternative for users to stay informed about these topics without a flood of emails.”(Jean-Marc Ueberecken, Managing Partner). The CoVid-19 crisis as a trigger Arendt Insights is the only app dedicated to Covid-19 crisis management in Luxembourg.   The first version of the app has been designed to give insight from Arendt experts, using the Covid-19 Solutions platform...

CARES Act Questions for the Technology Industry (Updated 06/15/2020)
Schwabe, Williamson & Wyatt, June 2020

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”), and the Paycheck Protection Program Flexibility Act (“PPP Flexibility Act”).  Ttogether, the CARES Act1, PPPHCE Act, and PPP Flexibility Act are called the “CARES Act”...

 

 

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