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Han Kun Law Offices | March 2022

On February 10, 2022, the Ministry of Industry and Information Technology (“MIIT”) issued a second draft of the Measures for Administration of Data Security in the Field of Industry and Informatization (for Trial Implementation) (Draft for Comment) (the “Measures”), which makes revisions to the first draft in response to public comments received following its issuance on September 30, 2021. This second draft opened for public comments until February 21, 2022 ...

ENSafrica | June 2014

The relationship between parody and IP rights comes up quite often. Just recently the Advocate General of Europe’s highest court, the Court of Justice of the European Union (CJEU), handed down his opinion in the case of Deckmyn, a case which involves the allegedly parodic use by a Belgian political party of a comic in which there is copyright ...

[!<CDATA[ Moratoriums on foreclosures due to COVID-19 ended this summer, prompting concerns of a shock similar to the 2008 housing crisis. While there are numerous differences between today and the previous recession, financial service providers can stay a step ahead by arming themselves with a few lessons learned ...

MinterEllison | June 2016

A recent wave of consolidation in the telecommunications sector has seen TPG Telecom acquire iiNet for $1.6 billion, Vocus Communications acquire Amcom Telecommunications for $653 million and Vocus acquire M2 Group in a 'merger of equals' valued at $3.0 billion. These three transactions have now created two industry powerhouses – TPG and Vocus. All three transactions were implemented by way of a scheme of arrangement between the notional target and its shareholders ...

Deacons | May 2020

Section 29 of the Bankruptcy Ordinance (Cap. 6) (BO) allows a trustee in bankruptcy to apply to the Courts for orders compelling disclosure of material documents and/or information of the bankrupt in order for the trustee to carry out his/her duties under the bankruptcy. For the authors’ previous article on Section 29, please see here ...

MinterEllison | March 2014

In a landmark case in Australia that is a first of its kind (but undoubtedly will not be the last), damages have been awarded to New South Wales school teacher, Mrs Christine Mickle, for offensive and defamatory tweets and Facebook posts made by an ex-student of the school where she taught.  The student, Andrew Farley, apparently held a grudge against Mrs Mickle for playing what he perceived as a role in the removal of his father from the position of head music teacher at the school ...

Shoosmiths LLP | November 2021

Initially published by Thomson Reuters [24 November 2021], Shoosmiths partner Sam Tyfield below explores the Financial Conduct Authority’s policy and supervisory priorities in the areas of market abuse monitoring, data collection and the classification of a ‘venue’ - for the purposes of the FCA Handbook. The Financial Conduct Authority (FCA) released Market Watch 68 on November 16, 2021 ...

Carey Olsen | November 2021

These newly-minted individuals and families are the recipients of a large portion of the huge wealth generated globally in the past 12 to 18 months, and require special attention from advisors and fiduciary service providers not only to manage and protect their newfound fortune but to deal with the inevitable pressures associated with it. The FirstGen – who are they? Broadly speaking, the FirstGen are original wealth creators who are predominantly from a younger age bracket ...

Haynes and Boone | May 2015

The Securities and Exchange Commission (“SEC”) touted 2014 as a record year for its enforcement program and noted cases that spanned the spectrum of the securities industry. Actions against municipal securities issuers and underwriters particularly stand out among the many areas of aggressive enforcement in 2014 ...

Hanson Bridgett LLP | October 2021

In 2021, warehouse distribution centers were at the forefront of California law, regulations, and environmental initiatives. These efforts seek to regulate labor practices of warehouse operators and the environmental impacts caused by the expansion and concentration of distribution centers over the last decade. This article summarizes AB 701 and other initiatives in California targeting warehouse distribution operations ...

It is undeniable that technology and globalization are changing the way lawyers practice law.  Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information and documents, the way we communicate with and advise clients, how we conduct investigations, and how we participate in discovery ...

It is undeniable that technology and globalization are changing the way lawyers practice law.  Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information and documents, the way we communicate with and advise clients, how we conduct investigations, and how we participate in discovery ...

The ABI has published a report on improving corporate governance and shareholder engagement. The report is a critical evaluation of the roles and responsibilities of the main elements of corporate governance, including: • The role of the non-executive in providing constructive challenge. • How institutional investors hold companies to account. • The relationships between, and responsibilities of, asset managers and asset owners ...

Simonsen Vogt Wiig AS | September 2017

The European Court of Justice makes important clarifications relevant for dominant firms'' pricing and rebate policies in its recent Intel-judgment Introduction In recent months, the European Court of Justice (''ECJ'') delivered its long awaited judgment in the Intel appeal case. The judgment sets aside the ruling by the General Court and refers the matter back to that court ...

Lavery Lawyers | October 2021

An employer grievance is a means that employers can use to obtain compensation for material damages caused by pressure tactics or to recover overpayments resulting from a union? S wrongdoing. Such a recourse can also be filed to claim damages and legal fees from a union that has abused the grievance arbitration process, in particular by raising grounds that are unfounded or filing applications that are dilatory, or doing either in bad faith ...

Krogerus | March 2015

When copyright has been infringed online, what court is competent to hear and decide the case? The EU top court’s recent ruling provides clarity and states that online infringement cases can be heard where the infringing content is accessible. The content right holders will be able to take legal action against the infringer in their home countries, but only regarding damage that occurred there ...

A debtor files for bankruptcy protection, and his or her creditors are sent notice of the filing. Despite having received the notice, due to a breakdown in internal procedures one of the creditors, a bank, accidentally takes action to collect on the debt after the filing of the bankruptcy case – thus violating the automatic stay. Since the violation was unintentional, surely the bank cannot be sanctioned, right? Wrong ...

Due to the current corona pandemic, many employers are enabling their employees to work from home. But what if the employee has an accident while working from home? In the event of accidents at the workplace, the statutory accident insurance generally applies ...

Dinsmore & Shohl LLP | October 2018

In order to accomplish this important task, the following are steps to follow: A. Make a list of other sides’ interest. It will help your remember them and stimulate ideas for how to meet such needs B. Communicate your interests when they are in conflict. Help the other side to see just how important and legitimate your interests are. Be specific and objective. Convince them they would feel the same in your shoes and recognize how you might feel in their shoes ...

Dykema | February 2021

In January 2021, the U.S. Dept. of Justice (DOJ) announced $2.2 billion in False Claims Act (FCA) recoveries for fiscal year 2020, which ended on September 30.[1] Although this amount is substantial, it nonetheless represents the smallest recovery figure in 10 years. These figures reflect the Trump administration’s unaggressive enforcement efforts and its restrictive view of the FCA. As recently as 2016, FCA recovery exceeded $4.5 billion. Recoveries in 2019 were $3 ...

Dykema | March 2020

In Michigan, additional coronavirus relief resources are available through the Michigan Small Business Relief Program established by the Michigan Strategic Fund (MSF) and administered by the Michigan Economic Development Corporation (MEDC) as either loans or grants. Separately from relief offered by the U.S ...

Dykema | May 2018

Not long after President Trump announced that the U.S. would impose tariffs on steel and aluminum, the Department of Commerce launched an investigation that may lead to additional duties on imported vehicles and automotive parts. Effective, the Department will now examine whether imports of vehicles and auto parts threaten U.S. national security ...