When it comes to understanding criminal law, particularly the variances and nuances in plea options, it becomes essential for legal professionals to familiarize themselves with the concept of “No Contest” plea. Being widely misinterpreted as simply an interchangeable term with a “guilty plea”, a no contest plea signifies a subtly different stand in a criminal…
In every court case, it’s mandatory for a plaintiff to establish that they are the ‘real party in interest’ and have suffered a ‘discrete and concrete injury.’ This becomes particularly convoluted in the realm of copyright cases due to the numerous photo agency companies striving to acquire ‘exclusive rights’ from photographers, designers, or artists through…
Within the U.S. federal courts, there is a noticeable ascendancy in class action lawsuits and arbitration claim filings under the Federal Wiretap Act and state-specific wiretap statutes. Originating in California under the California Invasion of Privacy Act (“CIPA”), this trend has recently started seeping into other states’ courtrooms which have similar wiretap laws, creating an…
Renowned immigration advocate, Beth Henderson, recently sat down for an illuminating conversation in episode of Behind the Bio, shedding light on her unique career path and the poignant role she has played within Microsoft’s pro bono program. In the interview, confided about her initial journey as an immigration lawyer, leading up to the significant role…
Lawyer rankings have increasingly found favour among C-suite members and in-house counsel according to a report by Greentarget, with 62 percent and 52 percent respectively finding them “important” when researching new firms. The relevance of these rankings is clear in the human sphere, but the emergence of a new audience can no longer be overlooked…
In legal news, a process known as Know Your Customer (KYC) is evolving. Renowned as a fundamental protocol, financial institutions (FIs) have been using KYC for years to authenticate the identities of their clients. More importantly, KYC evaluates the associated financial crime risk, functioning as a crucial deterrent against illicit activities within the financial sector…
In a crucial development for both patients and providers utilizing telehealth services, the Department of Health and Human Services (DHHS) through the Office for Civil Rights (OCR) released new guidance on October 18, 2023. The update, consisting of two resource documents, is designed to educate patients on privacy and security risks associated with their Protected…
In the rapidly evolving digital economy, questions around taxation for online transactions are increasingly adding to the complexities. An essential query that legal and financial professionals often grapple with is “Do You Have to Pay Taxes When Selling Goods or Services Online?” According to a recent article by Allen Barron, Inc. on JD Supra, this…
Medical panel referrals and determinations have been thrust into the spotlight in the realm of multi-defendant claims in Victoria, Australia. Historically, these decisions have carried weight primarily for public liability or medical negligence claims. Herein, the burden of proof rests on the injured plaintiff to demonstrate a ‘significant injury’ before being entitled to claim non-economic…
As we continue to see the evolution of marijuana laws across the United States, a significant concern rising to the forefront of the discussions revolves around another contentious issue – social equity. Despite similar usage rates across races, Black people are almost four times more likely than white people to be arrested for marijuana possession…
In a noteworthy ruling of Gantner v. PG&E Corporation et al. dated November 20, 2023, the Supreme Court of California unanimously concluded that a class-action lawsuit against the utility giant Pacific Gas and Electric (PG&E) was inadmissible due to an existing legislative framework. The lawsuit in question, brought about by multiple plaintiffs, related to Public…
On October 30, President Biden’s administration issued an executive order regarding the development and utilization of artificial intelligence (AI), marking a significant move toward the integration of this technology in various sectors. The comprehensive directive, named the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, outlines numerous detailed recommendations…
As legal professionals working in corporations and law firms, it is integral that we are abreast of significant amendments made by the Department of Education concerning educational freedom and accessibility. One such amendment is the recent release of new regulations designed to ensure transcript access for students that have outstanding debts with their educational institutions….
In a scenario where nearly every taxpayer is affected by state and local taxes (SALT), developments in any single jurisdiction can be not only constant but sometimes perplexing. In this newsletter edition, we will briefly encapsulate selected SALT developments across multiple states. These developments may hold significant importance for both corporations and law firms. This…
The provisions of the Housing Accountability Act, which safeguard a developer from being obligated to rezone when zoning is inconsistent with the General Plan, has recently faced a substantial challenge. In a recent case, a court rejected a developer’s attempt at utilizing these provisions to challenge the necessity of rezoning. The case was argued in…
The concept of Artificial Intelligence (AI) in modern workplaces has presented lawyers and legal departments with a unique set of challenges. One of these is the issue of safeguarding source code that is generated with AI assistance. For a long time, the universally accepted view has been that an employer owns all rights in software…
In a recent development, the Ohio Board of Tax Appeals (BTA) declined to grant an exclusion for Commercial Activity Tax (CAT) to Aramark Corp in the case of Aramark v. Harris. Ohio CAT, codified under R.C. 5751.02(F)(2)(l), declares an exclusion from gross receipts for property or money received or acquired as an agent beyond the…
Recognised globally for their expertise in private client advice, the Cayman Islands and British Virgin Islands (BVI) Private Client & Trust teams have a history of fruitful association with Middle Eastern clients. These veteran teams have been providing their valuable services for several decades now, demonstrating both their experience and their sustained relevance in the…
The U.S. Department of Labor has introduced a roster of proposed amendments set to reshape the administration defining fiduciary advice. These developments focus particularly on the exemptions for conflicts and compensation for investment advice dispensed to plans, participants, and IRAs. This update represents the seventh in a series referred to as “The New Fiduciary Rule,”…
For legal professionals in corporations and law firms globally handling labour issues, a major change is on the horizon to be aware of. United Kingdom’s holiday and holiday pay rules will undergo significant modifications effective from January 1, 2024. This is a well-intentioned move designed to simplify and elucidate the expectations of employers pertaining to…
On November 22, 2023, a new law came into effect in New York City imposing a ban on discrimination based on an individual’s height and/or weight in various fields including, but not limited to, employment, housing, and public accommodations. This law was signed off by Mayor Eric Adams on May 26, 2023. Furthermore, the legislation…
As of January 2024, Canadian businesses will need to adhere to new anti-forced labour legislation. Named the Forced and Child Labour in Supply Chains Act, the legislation will introduce due diligence reporting requirements that will come into effect later in May 2024. White & Case LLP, a global law firm provides an in-depth analysis of…
Increasing numbers of organizations have embraced blockchain technologies, an upward trend which looks set to persist. As estimated by Grand View Research, the global value of the blockchain technology market was pegged at 10.02 billion in 2022, with an expected compound annual growth rate of 87.7 percent from 2023 to 2030. While cryptocurrency remains the…
The legal profession has long understood the advantages of diversity in decision-making and problem-solving. A multitude of perspectives can provide a nuanced understanding of complex issues often faced by the biggest corporates and law firms worldwide. In the Financial Services (FS) sector, developing an inclusive environment is not just about checking a diversity box; it’s…
Financial institutions in the United States will now embrace a new obligation following the Federal Trade Commission’s (FTC) amendment of the Financial Institution Safeguards Rule. This change necessitates that financial bodies inform the FTC within a span of 30 days upon discovering a security breach. The breach should involve information of a minimum of 500…