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Asters | August 2003

Aspects of Application of Period of Limitation in Promissory Note and Bill of Exchange Matters In recent years, a substantial growth of the bill of exchange and promissory note circulation has been observed in Ukraine. To a considerable extent, this growth was fostered by the expansion and normalization of the regulatory framework for negotiable instruments ...

We have already entered a state of emergency pursuant to the Decree issued by the President of Romania imposing a state of emergency on the territory of Romania, published in the Official Gazette Part I no. 212 on March 16th, 2020 (the “Decree”), and we can already see the changes and reactions triggered by this situation. The state of emergency proclaimed for a period of 30 days starting from March 16th, 2020 has a far-reaching impact in all domains ...

Dinsmore & Shohl LLP | April 2021

On April 21, 2021, the Supreme Court of the United States heard oral arguments in Minerva Surgical, Inc., v. Hologic, Inc., et al., Case No. 20-440, concerning whether to limit, abolish, or uphold the doctrine of assignor estoppel. The doctrine of assignor estoppel, generally stated, prevents an inventor who assigns his patent from later challenging its validity ...

[!<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 ...

Asters | May 2017

Those seeking reasons to be optimistic about Ukraine’s judicial system can rejoice: Justice prevailed, or so ruled the High Commercial Court of Ukraine, the likely final arbiter in a dispute between the state Antimonopoly Committee of Ukraine and ACNielsen Ukraine, a market research firm ...

Earlier this year, Scotland won the Calcutta Cup at Twickenham for the first time since 1983, thanks to a try from Duhan Van Der Merwe. The football team heads to Wembley this summer hoping to replicate the success of their rugby counterparts. The attack will likely be led by a strike pairing born in Leicester and the Gold Coast. Both these footballers qualify for Scotland due to family connections ...

A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not defeat the Federal Arbitration Act’s (FAA) deference to arbitration as the forum for determining whether a contract is valid and enforceable. In Jhun v. Imagine Castle, LLC, the Jhuns hired defendant Imagine Castle to perform remodeling work at their home ...

No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc., suggests that the EEOC is interested in how those policies work. It seems the EEOC wants to determine if such policies potentially violate the Americans with Disabilities Act, and the agency may want to pursue that interest on a national scale ...

An important update to Georgia’s statutory lien waiver laws will take effect on January 1, 2021. This summer, Georgia enacted an amendment to O.C.G.A. § 44-14-366 (the Lien Waiver Statute), that alters the form for interim and final lien waivers. The new statute makes it clear that lien waivers only waive lien or bond rights against the property and do not waive the right to file a lawsuit for non-payment or other related claims ...

The U.S. Supreme Court again unanimously reversed the U.S. Court of Appeals for the D.C. Circuit, this time in two cases relating to attorney fees for patent infringement: Octane Fitness v. Icon Health & Fitness, No. 12-1184, and Highmark v. Allcare Health Mgmt. Sys., No. 12-1163. The Federal Circuit is now 0-3 in cases before the court so far this term, and it has persuaded a grand total of zero justices to support affirmance in any of those cases. See Medtronic v ...

Dinsmore & Shohl LLP | July 2018

On June 28, 2018, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III announced the ninth year of the national health care fraud takedown. The takedown resulted in the largest government action against health care fraud, which involved more than 600 defendants from over 50 federal districts. The targeted fraud schemes accounted for more than $2 billion in false billings ...

Attorneys who litigate common law bad faith and Unfair Trade Practices Act claims are well aware that insureds who substantially prevail in an underlying contract action for insurance proceeds are entitled to an award of attorneys’ fees under Hayseeds, Inc. v. State Farm Fire & Casualty, 177 W. Va. 323, 352 S.E.2d 73 (1986) ...

Lavery Lawyers | June 2016

On May 10, 2016, the Québec Court of Appeal1 confirmed a Superior Court decision allowing an application for authorization of treatment and placement to a patient. The application had been brought by the Douglas Mental Health University Institute, commonly known as the Douglas, or the Douglas hospital ...

Shoosmiths LLP | March 2022

The UK's competition authority (CMA) unusually cleared a merger (Sony Music / AWAL) after nine months of investigation. Could a Phase 2 investigation have been avoided? On 16 March 2022 the Competition and Markets Authority (CMA) issued its final report into the completed acquisition by Sony Music Entertainment (Sony Music) of AWAL and Kobalt Neighbouring rights businesses from Kobalt Music Group Limited ...

Shoosmiths LLP | July 2024

A recent appeal case upheld a breach of contract claim over a lifetime rail travel benefit delivered by a third-party provider. We examine the case and how employers can avoid such disputes through clear terms and conditions for employee benefit schemes ...

Novel technologies that seek to improve quality of life or simplify complex processes offer great promise. For example, medical technologies that detect or cure disease or supply chain technologies that allow for real time understanding of the location or destination of a specific product — make our lives easier and safer. They also pose potentially unforeseen complications ...

Destruction of evidence can be fatal in any lawsuit, but it is especially troubling in construction defect disputes. It's always important to allow an opponent and their expert the opportunity to inspect premises and review the alleged defects.   A recent Pennsylvania appellate decision highlights the need to do more than just allow a site visit in a defect case. It also drives home the need for clients to advise counsel of any repairs or changes to work at issue in a lawsuit ...

Sponsored wellness plans that include incentives to employees who voluntarily disclose personal health information as part of disability-related inquiries or medical examinations are in legal limbo after the EEOC removed the underlying rules from the Americans with Disabilities Act (“ADA”) and Genetic Information Nondiscrimination Act (“GINA”) ...

Dinsmore & Shohl LLP | June 2023

What do a squeak toy, whiskey, and dog poop have in common? If you are silently thinking to yourself “absolutely nothing,” it may surprise you to hear that the U.S. Supreme Court has spent months considering this question. On June 8, 2023, in a long-awaited win for trademark owners, SCOTUS ruled that a lower court erred when it issued a decision finding that a dog toy that parodies a famous liquor bottle, was covered by First Amendment free speech protections ...

PLMJ | May 2021

Decree-Law 36/2021, which amends Decree-Law 176/2006 of 30 August ("Medicines Statute"), was published on 19 May. The new Decree-Law introduces a ban on the advertising of discounts on the price of medicines subject to medical prescription that are reimbursed by the National Health Service ("NHS") or that contain narcotic or psychotropic substances ...

Makarim & Taira S. | April 2019

The Indonesia National Board of Arbitration (BANI), otherwise known as the BANI Arbitration Centre, provides a range of services in relation to arbitration, mediation, binding opinions and otherforms of dispute resolution. In 2015 all of the original BANI founders passed away. On 8 September 2016 BANIPembaharuan(ie, the Renewed BANI) was created by way of Ministry of Law and Human Rights (MOLHR) Decision AHU-0064837.AH.01.07.TAHUN 2016 of 20 June 2016 ...

ALRUD Law Firm | January 2021

On January 7th 2021, the bankruptcy moratorium, which had been in effect since April last year, expired. The main conditions of the bankruptcy moratorium were described earlier in details: in newsletters “Moratorium on bankruptcy proceedings”and 'Russian bankruptcy moratorium extended until January, 2021” ...

Buchalter | October 2023

October 26, 2023 By: Jarrett Osborne-Revis In Breanne Martin v. Leslie Gladstone, the Second District Court of Appeal recently decided a case that could reverberate throughout the receivership and bankruptcy industries. This case comes at a propitious moment as bankruptcy proceedings and receiverships – particularly for distressed commercial real estate entities – trend upward in California ...

Deacons | April 2021

There has been an increasing number of fraud cases, in particular cyber fraud cases, around the world. Some victims of fraud have sought redress from banks for failing to detect the fraud and refrain from processing their instructions by relying on the Quincecare duty (i.e ...

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