Shoosmiths’ specialist construction and regulatory teams have provided a detailed response to the government’s consultation on implementing the new building control regime for higher-risk buildings under Part 3 of the Building Safety Act 2022. The firm’s response draws on its expertise working with key stakeholders in the construction industry and first-hand experience of the issues that are relevant to the proposed regulations ...
Making variations to planning permissions as a scheme evolves is rarely a straightforward process, particularly where the changes go beyond the scope of non-material or minor material amendments. One tool that has been used extensively to achieve variations is the ‘drop-in’ planning application where a new consent is granted for an area that overlaps with the original permission ...
Whilst generational wealth from around the world has commonly been held, in some form, via Cayman trusts, the client base of the local trust industry has in recent years expanded greatly to include a wider range of global family offices, ultra-high-net-worth individuals, and entrepreneurs keen to take advantage of the modern and flexible options on offer ...
Uniloc USA, Inc. v. Motorola Mobility LLC, Appeal Nos 2021-1555, -1795 (Fed. Cir. Nov. 4, 2022) Our Case of the Week is ostensibly a case about whether a patent owner has standing to sue when that patent holder has granted an exclusive license. But the case turns on the application of collateral estoppel, when Uniloc, the patent owner, dismissed an appeal against Apple in an unrelated suit concerning the same facts. The case sounds like a cautionary tale about dismissing cases on appeal ...
President Joko Widodo has just issued Presidential Regulation No. 112 of 2022 on the Acceleration of Renewable Energy Development for the Supply of Power which came into effect on 13 September 2022. The PR on Renewable Energy introduces key major provisions which may significantly affect the electric power industry, especially with the phasing out of coal-fired power plants, and urges prioritizing the development of renewable energy power plants. These advisory highlights the key provisions ...
The year 2022 marks a historic era for Indonesia’s Business Competition Authority ("KPPU") as it is the year KPPU ruling on Partnerships involving Small Medium Enterprises ("SME")’s passed. While stakeholders find it undisputed that SME Partnerships are distinct from competition matters, the prevailing laws and regulations provide that the supervision of SME Partnerships is borne by KPPU ...
Asters' Counsel and pro bono legal advisor of the Committee on Industrial Ecology and Sustainable Development of the European Business Association (EBA) Anzhelika Livitska contributed to EBA White Paper "Deregulation of environmental legislation in a time of war and reforms aimed for European integration" ...
In our final quarterly case law update of 2022, we discuss four of the most significant employment law cases since August 2022 and the lessons that employers should take from them. Whistleblowing In the case of Kong v Gulf International Bank, Ms Kong made protected disclosures to the Head of Legal, Ms Harding ...
Summary: On October 28, 2022, the Department of Defense (DoD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement by prohibiting the award of any DoD contract to entities that require their employees to sign internal confidentiality agreements or statements that would restrict their employees from lawfully reporting waste, fraud, or abuse related to the performance of a DoD contract to a designated investigative or law enforcement representative who is authorized
Overall, West Virginia’s mid-term election easily can be described as a Red Wave rising, with historic GOP wins in legislative races. At the same time, voters remained cautious when it came to policy decisions, soundly rejecting all four constitutional amendments on the ballot in spite of strong support from the Republican Party and business community. That dichotomy likely will puzzle election watchers for a while ...
The Pre-Insolvency Bill (‘the Bill’) is at its second reading in Parliament. The Bill is being proposed as an Act to partially transpose EU Directive 2019/1023 (‘the Directive’) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt ...
On the occasion of the annual Raphi Vichakarn 2022, Kudun and Partners was invited to be the main sponsor for the event held at Thammasat University, Rangsit Campus from November 4 to 5, 2022. Chai Lertvittayachaikul, partner of the firm was invited to speak and share his insights on the legal sector in Thailand and the career path of corporate lawyers ...
On 28 October 2022, the State Administration Council (“SAC”) enacted the Organization Registration Law (“ORL”) via Notification No.46/2022 as per the Section 419 of the Constitution of the Republic of the Union of Myanmar The ORL will repeal the former Association Registration Law 2014 (“ARL”) enacted through the Pyidaungsu Hluttaw Law No. 31/2014 that was subsequently implemented by the Rules Relating to the Registration of Associations on 5 June 2015 ...
ESG The Guernsey Financial Services Commission (GFSC) ran its Sustainable Finance Week in September and announced three initiatives that came into force from 20 September. The Natural Capital Fund Regime was launched and allows a regulatory designation for biodiversity and natural capital projects that positively contribute and/or reduce harm to the natural world. The regime has arguably more stringent criteria than those for the Guernsey Green Fund Regime ...
On 20 April 2022 the FCA published its final rules requiring the disclosure of data in relation to diversity on listed company boards and executive committees. Policy Statement On 20 April 2022, the FCA published its final rules requiring the disclosure of data in relation to diversity on listed company boards and executive committees. The rules will apply to financial years beginning on or after 1 April 2022, so the first reporting will be in 2023 ...
The Confederation of British Industry (CBI) has recently published its most recent Financial Services Survey, the results of which demonstrate the effect that Brexit is having on immigration of employees and expertise in to the UK in the financial services sector. There are an estimated 1.1 million UK jobs in the financial services sector. Historically, the sector obtained one fifth of its workers from outside of the UK ...
July was a busy month for the FCA in publishing guidance, policy and rules which have a significant impact on a firm’s relationships with its senior managers and staff. On 30 June, and towards the beginning of the “crypto winter”, Sarah Pritchard, Executive Director of Markets at the FCA gave a speech to the City UK Annual Conference entitled “Finding Opportunity in a World of Uncertainty” ...
The U.S. Government Accountability Office issued its annual bid protest report on Nov. 1.[1] This year's report is noteworthy because it shows that protesters received some form of relief from the procuring agency in more than half of the protests filed with the GAO in fiscal year 2022 ...
Kongkoch Yongsavasdikul, partner and head of digital practice of the firm participated in a seminar under the topic ‘ESOP for Startups: Legal and Practice – How to legally and successfully attract and retain a talent pool’ organized by the Faculty of Law from Chulalongkorn University along with Chulalongkorn University Technology Center (UTC) ...
The Criminal Procedure (Amendment No.2) Rules introduce changes to private prosecutions. The Rules amend the existing Criminal Procedure Rules 2020, introducing new criteria that may well serve to curtail the increasing number of private prosecutions, thereby reducing the consequent pressure on the courts and all those involved. The Criminal Procedure (Amendment No.2) Rules The Criminal Procedure (Amendment No.2) Rules (S.I ...
On 3 October 2022 the Environment Secretary (‘ES’), Ranil Jayawardena, announced proposals to raise the maximum civil penalty for water companies who pollute the environment by 1,000-fold, from £250,000 to a proposed £250 million. The proposals are subject to consultation, but if they are implemented, it is hoped they would help to prevent water companies from causing serious polluting incidents and preserve public and environmental health for future generations ...
In re: Apple Inc., Appeal No. 2022-162 (Fed. Cir. Nov. 8, 2022) In our Case of the Week, the Federal Circuit granted Apple’s petition for mandamus, directing the District Court for the Western District of Texas to vacate a scheduling order that would require Apple and counter-party Aire Technology Ltd ...
