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No Surprises Act Implementing Regulations Answer Some Questions, Leave Others Pending
Hunton Andrews Kurth LLP, August 2021

The Departments of Health and Human Services, Labor, and Treasury, and the Office of Personnel Management recently issued an Interim Final Rule (IFR) implementing portions of the No Surprises Act enacted in December 2020...

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...

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...

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...

New COVID-19 Vaccination Requirements for California State Employees and Health Care Workers
Hunton Andrews Kurth LLP, August 2021

Governor Gavin Newsom and the California Department of Public Health (“CDPH”) recently issued new public health requirements in response to the increasing number of hospitalizations and ICU patients in California caused by the highly contagious COVID-19 Delta variant...

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...

Law No. 21,363 that Sets Forth Rules Regarding Commercialization and Advertising of Alcoholic Beverages is Published
Carey, August 2021

On August 6th of 2021, Law No. 21,363 (hereinafter the “Law”) was published in the Official Gazette. The Law introduces modifications to Law No. 19,925 about expenditure, commercialization and production of alcoholic beverages, and other associated Laws, establishing different limitations to the advertising of alcoholic beverages, as well as the obligation of including warnings about harmful consumption in the container of these kind of products...

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...

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...

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...

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...

Transportation Infrastructure: A Pillar of Economic Recovery
Lavery Lawyers, August 2021

Like many other governments, the Government of Quebec decided to invest in infrastructure to help mitigate the impact of the COVID-19 pandemic and stimulate Quebec’s economy. A significant number of investments will be made in the transportation sector, and the government wants to accelerate the realisation of several previously announced transportation infrastructure projects in the greater Montréal area...

Buchalter TCPA Digest: More ATDS Cases Slip Past Pleading Stage, Plaintiffs Keep Trying to Leverage Facebook’s FN7, and Florida Enacts Not-so-“Mini” TCPA
Buchalter, July 2021

  The TCPA and other related regulations over telemarketing and “robocalling” continue to evolve at a quick pace, creating uncertainty and posing challenges for any business that contacts consumers through calling or texting. This past month has seen more important developments in the wake of the Supreme Court opinion in Facebook v. Duguid, which gave us a narrow interpretation of the statutory ATDS definition...

Charities and Data Protection: Brexit, The New EU SCCs and Guidance, What Do We Do Now?
Shoosmiths LLP, July 2021

The data protection landscape has seen significant change and more is expected. What does that mean for charities specifically? On our 8 July, 2021 webinar Shoosmiths’ Partner, Sarah Tedstone, identified areas with significant change already and where action will be needed in the next few weeks and months to stay compliant...

New Monetary Penalties for Some Skilled Nursing Transfers, Discharges, and Readmissions
Hanson Bridgett LLP, July 2021

Key Points Governor Newsom signed into law Assembly Bill (AB) 133, which creates a $750 per day civil money penalty for skilled nursing facilities (SNF) that do not comply with a transfer, discharge, or readmission hearing decision within three calendar days. AB 133 also requires an SNF to submit a certification of compliance to the Department of Health Care Services (DHCS), attesting it has complied with the hearing officer's order...

New Bill Pumps the Breaks on Health Care Consolidation in Oregon (updated 07/28/2021)
Schwabe, Williamson & Wyatt, July 2021

On July 27, 2021, Governor Kate Brown signed into law a bill that will make it more difficult for health care entities in Oregon to consummate mergers and similar transactions...

Change in the Law Allows Outdoor Weddings
Shoosmiths LLP, July 2021

During the COVID-19 pandemic, the rules surrounding weddings regularly changed to reflect government guidelines and the world’s growing understanding of the virus. The rules ranged from a complete ban on weddings in March 2020, to a limit of 30 people (including the engaged couple) without any singing or dancing in June 2020, to a guest limit depending on the venue in June 2021, with various stages in between...

Pensions and Climate Change: The Pensions Regulator’s Draft Guidance
Shoosmiths LLP, July 2021

The Pensions Regulator (tPR) has published a consultation introducing its proposed guidance (‘Draft Guidance’) on pensions climate risk. The Draft Guidance follows on from the introduction of the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 (‘Regulations’)...

Protected Frontiers Plan Enters into Force Today
Carey, July 2021

As of today, July 26 the Chilean borders will open so that all those who have a “Mobility Pass” can exit the country, although current restrictions for non-resident foreigners have been maintained. The is subject to modification in view of the development of the Covid-19 outbreak in the national territory...

Bills to Establish Maximum Prices for Food and Construction Materials for Housing is Presented in Congress
Carey, July 2021

On May 25, deputies Karim Bianchi, Boris Barrera, Jaime Naranjo, Alexis Sepúlveda and Pedro Velásquez presented a bill That seeks to to assign the Chilean Competition Court ( Tribunal for the Defense of Free Competition - " TDLC ") the authority to Set maximum consumer prices for food and housing repair related-products, in the event of a constitutional state of exception...

Cross-State Review of Websites and Use of Cookies by German Supervisory Authorities
Heuking Kühn Lüer Wojtek, July 2021

In the summer/autumn of 2020, the supervisory authorities of several German states examined the websites of various media companies, particularly with a view to the use of cookies and the tracking of users for advertising purposes...

UK Competition and Consumer Regimes Set for Shake Up
Shepherd and Wedderburn LLP, July 2021

The UK Government has this week announced what would be the biggest shake-up of the competition and consumer protection policy landscape for the last 20 years. On 20 July 2021 the Department for Business Energy and Industrial Strategy (BEIS) published a consultation document setting out its proposals for sweeping reforms of the UK’s competition and consumer protection law regimes and inviting responses by 1 October 2021...

The U.S. Breaks with Canada in Response to COVID-19 and Cross-Border Travel Restrictions 
Schwabe, Williamson & Wyatt, July 2021

Since March 2020, the United States and Canada have agreed upon mutually reciprocal COVID-19 related travel restrictions. U.S. and Canadian officials mutually determined that “non-essential” travel between the U.S. and Canada “poses additional risk of transmission and spread of the virus associated with COVID-19 and places the populace of both nations at increased risk of contracting the virus associated with COVID-19...

AML/CFT Supervisors Release Updated Guideline for the Amended Identity Verification Code of Practice 2013
MinterEllisonRuddWatts, July 2021

On 16 July 2021, the Financial Markets Authority, the Department of Internal Affairs, and the Reserve Bank of New Zealand (Supervisors), released the updatedExplanatory Note: Electronic Identity Verification Guideline(Guideline) on the Amended Identity Verification Code of Practice 2013 (AIVCOP). The Guideline replaces the previousIdentity Verification Code of Practice – Explanatory Noteissued in December 2017 (Previous Explanatory Note)...

 

 

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