The advent of the “gig economy”, where workers perform on a task-by-task basis for various employers, has brought to the fore complex legal issues related to intellectual property rights. As businesses increasingly rely on short-term talent alongside permanent staff, questions around ownership and protection of intellectual property have become a crucial focus. According to the…
In a development that has sparked interest across legal circles, Jersey’s Royal Court has ruled that there is no generally implied term of good faith in Jersey law contracts. This ruling definitively resolves unsettled questions left open in prior Jersey judgments, including one from the Court of Appeal in the same case, about the possibility…
In the rapidly shifting global economy, protecting one’s brand has never been more critical. As brand owners grapple with the persistent threat of counterfeiters, infringers, and pirates, the establishment of a robust anti-counterfeiting program is a compulsory aspect of any successful brand protection strategy. This article penned by Smart & Biggar sheds light on the…
In an unusual settlement, a workers’ compensation attorney in Pennsylvania successfully sued his own firm for failing to cover his CBD oil expenses. Originating from the need to treat his debilitating injuries, the attorney had incorporated CBD into his medical regimen to aid recovery. The case centered around the firm’s obligation to compensate for the…
The legal landscape around rent control, junk fees, and Right of First Refusal (ROFR) continues to evolve, with recent developments instigating a series of important updates relevant to legal professionals and corporations across the globe. In particular, new proposals and legislations impacting Multifamily Housing have been introduced, necessitating a closer examination by stakeholders. New rent…
The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) has released its first new compliance program guidance since 2008 for health care stakeholders. A broad range of stakeholders have historically relied on this guidance when developing their own compliance programs, particularly when working under contracts and less prescriptive federal and…
Artificial Intelligence (AI), and specifically generative AI (GAI), has seen increased interest recently due to its wide-ranging potential for enterprise transformation. From content creation and task automation to personalizing experiences for consumers, AI has been making inroads into virtually every industry. While such advances hold out the promise of significant operational refinements, they also bring…
The recently decided legal case has raised serious concerns about the lack of clarity in Alternative Dispute Resolution (ADR) procedures. The focus is particularly on main contract suites that offer standard dispute resolution clauses, but these are frequently amended in practice according to current needs and requirements. It is also notable how this matter was…
On October 25, the Morgan Lewis technology transactions, outsourcing, and commercial contracts team hosted the 2023 Tech & Sourcing Summit in New York. The room was filled with representatives from various industries who were eager to participate in interactive discussions with professionals and thought leaders from the technology and outsourcing sectors. You can read a…
As the end-of-year bonus season approaches in the UK, the conversation is heating up. This year promises to be particularly eventful as regulatory caps on bankers’ bonuses were controversially lifted on 31st October 2023. The move, predictably, has stirred up a significant amount of dialogue in various sectors. The heated discussions don’t revolve solely around…
In the wake of Taylor Swift’s successful re-recordings of her retroactive albums, major music recording companies are making moves to ensure artists don’t replicate this strategy. Swift’s successful re-recordings arose out of her decision to regain control of her music after her original record label, Big Machine Label Group, was sold to Scooter Braun’s company,…
As a trustee, managing trust-owned real estate—whether commercial or residential—is fraught with challenges that are influenced by several factors. The location, value, and construction of the property all play a significant role in determining these challenges. The article Trustees and Real Estate: What You Should Know published on JD Supra provides a succinct and detailed…
As the final quarter of 2023 moves into full swing, the legal landscape continues to shift and evolve, compelling our attention towards three noteworthy bid protest decisions. These decisions, two hailing from the U.S. Government Accountability Office (GAO) and the third from the U.S. Court of Federal Claims (COFC), underline the dynamic nature of procurement…
The European Union has reached an agreement on landmark rules to curb methane emissions across major industries, a significant step forward in the EU’s ambitious Green Deal climate strategy. Initially proposed by the European Commission in December last year as part of EU’s methane strategy and 2030 climate plan, this recently approved deal aims to…
In the world of buying and selling real estate, perceptions and the legal realities often diverge. Contracts related to property purchases are generally given the weight they deserve; each clause meticulously deliberated. And rightly so, given that a single transaction can significantly alter the lives and fortunes of all parties concerned. These agreements typically involve…
In a highly debated episode of the Consumer Finance Monitor Podcast, Professor David Sherwyn from Cornell University’s School of Hotel Administration weighed in on the controversial petition for rulemaking submitted to the Consumer Financial Protection Bureau (CFPB) by a collective of consumer advocate organizations in September 2023. The proposition under consideration opposes the use of…
US Customs and Border Protection (CBP) has engaged in a nearly $16 million, five-year contract with data broker LexisNexis Special Services Inc. for access to significant surveillance tools, according to public records. Julie Mao, an attorney and co-founder at Just Futures Law, argues that this contract allows the agency to veil the full scope of…
In a recent development, the Utah Court of Appeals has shown a strong policy favouring arbitration that may permit third parties to enforce arbitration clauses, even without an express direct agreement between the involved entities. This policy has significant implications for several sectors, including the construction industry, characterized by intricate networks of contractual relationships involving…
Senior Counsel Alan S. Kaplinsky and Mark J. Levin from Ballard Spahr, along with David Sherwyn, a Professor of Law at Cornell University’s School of Hotel Administration, have submitted extensive comments to the Consumer Financial Protection Bureau (CFPB) in opposition to the recent petition presented by consumer advocates. The petition urged the CFPB to take…
Within the legal profession, maintaining confidentiality is paramount. Law firms, in particular, are in the eye of the storm, identified as attractive targets by hackers due to the confidential data and financial information they hold about their clients. Besides, law firms are often perceived as not the most tech-savvy entities, which do not work in…
In a recent ruling, the Ninth Circuit Court of Appeals addressed important aspects of California law relating to the interplay between primary and excess insurance coverage in Vizio Inc. v. Arch Insurance Co. The decision provides further clarity on what constitutes adequate notice to excess carriers and underscores the necessity for insured parties to obtain…
In the recent King’s address, a significant announcement pointed towards the future of the residential property market. The Leasehold and Freehold Reform Bill was introduced, aiming to transform the housing industry by simplifying the process for leaseholders to acquire their freehold. The bill also endeavors to shield countless homeowners from the financial burden of punitive…
As globalization continues to evolve, the use of Employers of Record (EORs) in countries like Germany has become increasingly noteworthy. EORs, for those unfamiliar, are third-party companies that assume the role of the local legal employer for another organization. The increasing prevalence of these business structures is reshaping employment law frameworks in numerous jurisdictions, offering…
The year 2023 has welcomed multiple meaningful developments in non-competition law, and the latest addition comes from California. As part of the state’s ongoing effort to strengthen regulation around non-competition agreements, recently approved legislation is to add various enforcement mechanisms. Newly proposed rules by the Federal Trade Commission in January, aim to ban most non-competes….
In the evolving field of business operation technologies, corporations are beginning to rely heavily on artificial intelligence (AI) tools. These tools offer the potential to revolutionize functions across businesses; however, this adoption brings about a new set of risks. It is therefore essential for businesses to update risk-management frameworks to ensure best AI procurement practices,…