Latest updates

Government publishes response to call for views on consumer smart product cybersecurity regulation proposals
Wiggin LLP
  • Tech, Data, Telecoms & Media
  • United Kingdom
  • 07 May 2021

In July 2020 the government announced that it planned to change the law to make smart products more secure and published a call for views on its proposals. Having received 110 responses from organisations and individuals, the government has now published its response. The government says that it will legislate, when parliamentary time allows, to create a new robust scheme of regulation to protect consumers from insecure connected products.

Proposed new laws aim to eliminate rural mobile 'not spots' and speed up 5G roll-out
Wiggin LLP
  • Tech, Data, Telecoms & Media
  • United Kingdom
  • 07 May 2021

The government is proposing law changes to boost ongoing efforts to improve rural connectivity. It says that the reforms will reduce build time and costs for new infrastructure while protecting rural areas by minimising any visual impact. Under the proposals, mobile companies will be allowed to make new and existing masts up to five metres taller and two metres wider than currently permitted.

EDPB guidelines on personal data breaches: what controllers need to know
Eversheds Sutherland (International) LLP
  • Tech, Data, Telecoms & Media
  • European Union
  • 07 May 2021

The European Data Protection Board (EDPB) recently published the Guidelines on Examples Regarding Data Breach Notification. These guidelines will help data controllers to decide how to handle personal data breaches and what factors to consider during risk assessments. The EDPB guidelines constitute practice-oriented, case-based guidance that is based on the experience gained by data protection authorities in recent years.

Composition of active mass: description of goods and rights
Augusta Abogados
  • Insolvency & Restructuring
  • Spain
  • 07 May 2021

Under Article 198 et seq of the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of the insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article discusses the inclusion of certain goods and rights in the inventory.

Insolvency proceedings: what are the options?
Luther SA
  • Insolvency & Restructuring
  • Luxembourg
  • 07 May 2021

The Supreme Court recently reconfirmed that a liquidated company is deemed to survive passively for a period of five years further to the publication of the closure of the liquidation in the Luxembourg Trade and Companies Register. This allows the company's creditors to introduce a legal action against it. In the current COVID-19 context, this decision highlights that a liquidation does not enable companies to bypass paying creditors.

UOKiK fines gas distributors for gun jumping and information delay
Schoenherr
  • Competition & Antitrust
  • Poland
  • 06 May 2021

In 2020 the Office of Competition and Consumer Protection (UOKiK) fined a liquefied petroleum gas distributor Zl730,000 (€160,000) for failing to notify a takeover. At the same time, the UOKiK imposed a Zl120,000 (€26,800) penalty on an industrial gas supplier for lack of cooperation following an information request in the context of merger market research.

Royal Court blesses momentous decision of representative of minor and unborn beneficiaries
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 06 May 2021

The Royal Court recently considered for the first time the blessing of a momentous decision of a court-appointed representative of minor and unborn beneficiaries of a trust to enter into a settlement agreement in respect of claims against the trust. While the decision to bless the decision of the representative of the minor and unborn beneficiaries was confined to the unusual facts of this case, this decision nonetheless establishes the circumstances (albeit limited) in which the court will bless such a decision.

Court of Appeal case provides guidance for trustees when issues of trust construction arise
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 06 May 2021

This article considers a recent Court of Appeal judgment regarding the interpretation of a trust instrument. This case provides helpful clarification of the principles to be applied when interpreting Guernsey law trust instruments. The Court of Appeal also helpfully confirmed that the trustee was absolutely correct in this instance to seek the court's directions.

Court of Cassation finds that a BIT's limitation period relates to admissibility, not jurisdiction
Freshfields Bruckhaus Deringer LLP
  • Arbitration & ADR
  • France
  • 06 May 2021

France's top court has reinstated an arbitration award rendered in investment treaty proceedings between a Canadian gold miner and Venezuela. The Court of Cassation accepted the argument that the limitation period for bringing a claim under the Canada-Venezuela Bilateral Investment Treaty was a question of admissibility and not of the tribunal's jurisdiction to hear the dispute. The decision has sent a signal that a narrow view of jurisdiction should be adopted when reviewing investment arbitration awards.

Why is a family investment company a good way to pass on wealth?
Forsters LLP
  • Private Client & Offshore Services
  • United Kingdom
  • 06 May 2021

If, for whatever reason, a trust or a simple outright gift to children is inappropriate, what are the alternatives? Some years ago, much was made of so-called 'family limited partnerships' and while they remain the right vehicle for some, they are appropriate only for those with at least £10 million to spare because of the financial regulations to which they are subject. Enter the family investment company.

Supreme Court clarifies scope of FTC's powers and prohibits it from common strategy for seeking monetary relief
Baker & Miller PLLC
  • Competition & Antitrust
  • USA
  • 06 May 2021

More than four decades after the Federal Trade Commission began filing consumer protection actions in federal court for retroactive monetary relief without first completing an administrative proceeding, and more than two decades after it began using this same approach in antitrust cases, the Supreme Court has finally weighed in on the practice, unanimously declaring that it has never been authorised by law.

Ethnicity pay gap reporting: new legislation looks unlikely after Commission on Race and Ethnic Disparities' report
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 05 May 2021

Ethnicity pay gap reporting should be voluntary, according to the Commission on Race and Ethnic Disparities' new report. The report describes ethnicity pay gap reporting as a "potentially useful tool" but one that must be approached with care. The guidance that the report recommends would be welcome. Until now, many employers have simply been making their best guess as to how to analyse and interpret data, meaning that ethnicity pay gap figures are not necessarily comparable from one employer to the next.

Parliament introduces novel working arrangements to aid businesses during COVID-19 pandemic
Egorov Puginsky Afanasiev & Partners
  • Employment & Immigration
  • Ukraine
  • 05 May 2021

Although widely used in practice for many years, alternative forms of labour organisation (eg, remote working and flexible working arrangements) were not properly addressed in Ukrainian law until the COVID-19 pandemic. Following a recent labour reform, the law now establishes three working arrangements as alternatives to the classic office model – namely, flexible working, remote working and home-based working arrangements. This article summarises the key features of the new working arrangements.

Is an FOB seller which receives a bill of lading bound by its jurisdiction clause?
WSCO Advokatpartnerselskab
  • Shipping & Transport
  • Denmark
  • 05 May 2021

The Maritime and Commercial Court recently considered whether a freight on board seller which had received a bill of lading as a receipt for delivery of cargo was bound by said bill of lading's jurisdiction clause. This decision addresses the question of whether a consignor which is not a party to a transport contract but merely delivers cargo to the ship that will perform the voyage may be legally obliged and bound by a jurisdiction clause in a bill of lading.

Private M&A deals: the price is not everything! Supreme Court orders a transfer of shares despite a dispute over the price
AYACHE
  • Corporate Finance/M&A
  • France
  • 05 May 2021

In a recent case, following the majority shareholder's exercise of a call option, a minority shareholder refused to transfer their shares and argued that such transfer could not be enforced by the court as the transfer price of the shares had not been agreed and had to be determined by an expert. The Supreme Court has ordered the minority shareholder to transfer their shares despite the dispute over their price.

Supreme Court grants compensation for hydrocarbon spill
JJR Abogados
  • Shipping & Transport
  • Chile
  • 05 May 2021

The Supreme Court recently granted compensation for moral damages (pain and suffering) to workshop service providers and fisherpeople in the context of a hydrocarbon spill. The spill occurred when a tank vessel discharged crude oil at Empresa Nacional del Petróleo's terminal in San Vicente Bay. The shipping industry should follow this development carefully as it implies more certainty on the indemnification parameters for future spill cases.

Can Belgian companies use EU vaccine certificates?
ALTIUS
  • Healthcare & Life Sciences
  • Belgium
  • 05 May 2021

To fight the COVID-19 pandemic, the EU Commission is setting up a vaccine passport system (the so-called 'Digital Green Certificate') to enable European citizens to travel easily and safely within the European Union in Summer 2021. This article examines whether Belgian companies may also use these certificates for other purposes (eg, to authorise or prohibit access to private places depending on a citizen's vaccination status).

Important pointers about EU Settlement Scheme-related deadlines
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 05 May 2021

The main EU Settlement Scheme deadline is 30 June 2021; however, there are other deadlines and considerations of which applicants and their employers may be unaware. Although it is possible to make a late application, this will be allowed only where the individual can demonstrate reasonable grounds for missing the deadline. This article highlights a selection of issues that relate to the main deadline or will start to have practical implications after 30 June 2021.

Practical approaches to protective remedies in Civil Aviation Law
Kennedys Law LLP
  • Aviation
  • Peru
  • 05 May 2021

In the context of political uncertainty in Peru, this article explains the remedies that the Civil Aviation Law provides to aircraft and engine owners and lessors to guarantee their property and creditors' rights. Since the enactment of the Security Interest Law in 2006, aircraft and engine detention is the only remedy offered by the Civil Aviation Law.

Government proposes new measures to combat work-related crime
Homble Olsby | Littler
  • Employment & Immigration
  • Norway
  • 05 May 2021

The government has proposed several new measures to prevent and counteract work-related crime, including with regard to penalising wage theft, requiring that wages be paid via bank transfer rather than in cash and approving certain businesses to limit rogue actors. Parliament will now consider the proposals.

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