Latest updates

Insured's disclosure duty versus insurer's obligation to conduct independent investigations
Levitan, Sharon & Co
  • Insurance
  • Israel
  • December 19 2017

A recent Tel Aviv Economic District Court case examined the issue of an insured's disclosure duty versus an insurer's obligation to conduct independent investigations. The court determined that an insured has a broad disclosure obligation during the underwriting of a policy, and that an insurance contract is subject to duties of good faith and fairness. Therefore, an insurer is entitled to rely on the information provided to it by an insured and is not obliged to conduct additional independent investigations.

Court of Appeal clarifies extent to which ATE insurance policy is relevant when considering security for costs
Herbert Smith Freehills LLP
  • Insurance
  • United Kingdom
  • December 19 2017

The Court of Appeal recently ordered two companies in liquidation to provide security to the defendants despite an after-the-event (ATE) policy. The decision confirms that the court can take account of a claimant's ATE insurance policy when considering whether to make an order for security for costs. However, the court stressed that the outcome of any security for costs application involving an ATE policy will depend on the terms of the particular policy.

Only completed actions are subject to administrative review
Elias Neocleous & Co LLC
  • Litigation
  • Cyprus
  • December 19 2017

A recent case has affirmed that only completed actions can be subject to administrative review, and that an applicant must possess a legitimate interest at three crucial stages in order to pursue an action in the Administrative Court. The case concerned a complaint that a third party had been promoted unfairly in preference to other applicants. However, the applicant had filed his action before the third party accepted the promotion, so that when the action was filed there was no promotion to complain about.

Overview of Reinsurance Expert Committee's 2017 report
Tuli & Co
  • Insurance
  • India
  • December 19 2017

By way of a May 2017 order, the Insurance Regulatory and Development Authority of India set up the Reinsurance Expert Committee to make recommendations for, among other things, the efficient implementation and operation of the order of preference for cessions specified under the Branch Office Regulations. The committee recently released its report, providing its analysis and recommendations on the terms of reference prescribed under the order.

Service by email – lessons from Glencore Agriculture BV v Conqueror Holdings Limited
RPC
  • Litigation
  • United Kingdom
  • December 19 2017

The English High Court recently found that service by email of arbitration proceedings was not valid under Section 76 of the Arbitration Act 1996 on the basis that the correspondence had been directed to the email address of an employee who did not have the authority to accept service. The judge found that in circumstances where service is by way of an individual email address, validity of service depends on the application of agency principles.

Shareholder 'activism' by access to company records
RPC
  • Litigation
  • Hong Kong
  • December 19 2017

Section 740 of the Companies Ordinance can be a powerful tool in assisting shareholders to obtain inspection of a company's documents. Two new cases demonstrate the continued use of Section 740 by shareholders to obtain inspection of corporate documents. While they show that the courts are generally willing to assist shareholders in appropriate cases, the courts will often rein in applications either by limiting the scope of the inspection or imposing conditions to the order granted.

NAIC adopts Insurance Data Security Model Law
Mayer Brown LLP
  • Insurance
  • USA
  • December 19 2017

The National Association of Insurance Commissioners recently adopted the Insurance Data Security Model Law. The model law builds on existing data privacy and consumer breach notification obligations by requiring insurance licensees to comply with detailed requirements regarding maintaining an information security programme and responding to and giving notification of cybersecurity events.

Don't be afraid to ask – SEC staff ready to respond to Rule 3-13 waiver requests from registrants
Morrison & Foerster LLP
  • Capital Markets
  • USA
  • December 19 2017

Rule 3-13 of Regulation S-X allows the Securities and Exchange Commission (SEC) to permit the omission of financial statements otherwise required by the SEC rules or their substitution by financial statements of a comparable character. The chief accountant of the SEC Division of Corporation Finance has now reminded registrants that the SEC is willing to consider and process Rule 3-13 waiver requests. Under a pilot programme, SEC staff should respond within five days.

Subject access requests under GDPR: much ado about nothing?
DAC Beachcroft
  • IT & Internet
  • United Kingdom
  • December 19 2017

The extent to which the data subject access request (DSAR) regime will change under the EU General Data Protection Regulation and how this will affect employers is becoming clear. For example, the fee for responding to a DSAR will be abolished and the deadline for compliance will be reduced. While there will be some practical differences, an employer that has appropriate systems and procedures in place to deal with DSARs under the existing regime will not need to radically rethink its approach.

Internet neutrality
  • IT & Internet
  • USA
  • December 19 2017

The chair of the US Federal Communications Commission recently outlined plans to bury the internet rules promulgated under the Obama administration that required internet service providers (ISPs) to treat all web traffic equally. Under the proposed changes, ISPs would be allowed to offer web-based services at different speeds and differing service quality. In addition, they could enable more favourable speed or quality, or both, for websites that pay a fee.

New law reforms IP Act and creates new ministry
Montt y Cia SA
  • Intellectual Property
  • Chile
  • December 18 2017

Law 21,045, which was recently published in the Official Gazette, created the Ministry of Culture, Arts and Patrimony and reformed the IP Act through the creation of the National Cultural Patrimony Service. Under the changes introduced, the Intellectual Rights Department is now under the auspices of the National Cultural Patrimony Service. As a result, all IP matters are now part of the new Ministry of Arts, Cultures and Patrimony.

Supreme Court hears oral argument on constitutionality of inter partes review in oil states
Fitzpatrick, Cella, Harper & Scinto
  • Intellectual Property
  • USA
  • December 18 2017

The Supreme Court recently heard oral argument in Oil States Energy Services, LLC v Greene's Energy Group, LLC. The Supreme Court's decision in this case will either spare or strike down inter partes review as a means for challenging the validity of issued patents in the United States.

Federal Court finds PMPRB unreasonable in determining that patent pertains to medicine
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • December 18 2017

The Federal Court recently found that the Patented Medicine Prices Review Board's assessment that a patent pertained to Galderma Canada's Differin was unreasonable, as it had failed to consider the entire patent. As a result, the court quashed the board's decision requiring Galderma to file pricing information for Differin.

OGA consults on funding UK National Data Repository through OGA levy
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • December 18 2017

The Oil and Gas Authority (OGA) recently opened a consultation seeking views from the oil and gas industry on its proposal to increase the levy (which is payable by all offshore petroleum licensees and is its primary source of funding) to support the creation and then maintenance of a UK National Data Repository. The OGA proposes that the increased levy will be balanced through the removal of the corresponding common data access limited membership fees, resulting in an overall neutral cost to the industry.

Federal Court decision changes adjudication practice in Malaysia
SKRINE
  • Construction
  • Malaysia
  • December 18 2017

The Federal Court recently dealt with three broad issues under the Construction Industry Payment and Adjudication Act – namely, jurisdictional challenge, the exclusion of defences and the setting aside and staying of decisions. The decision has broad repercussions for the way that adjudications are conducted in Malaysia.

TRAB rules that unusual product shape is eligible for 3D trademark registration
Wanhuida Peksung
  • Intellectual Property
  • China
  • December 18 2017

Registering a three-dimensional (3D) trademark is difficult and the Chinese courts have failed to develop reliable jurisprudence on this matter. However, a recent Trademark Review and Adjudication Board decision concerning the world-famous Little Trees car air fresheners reaffirms the registrability and inherent distinctiveness of 3D marks that comprise the unusual shape of a product.

Do substantial differences exist in determination of equivalent infringement?
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • December 18 2017

Generally, technical features disclosed in a patent claim relating to mechanical or electrical engineering are more suitable for breakdown into basic comparison units that realise a certain function or deliver a certain result independently. Therefore, the triple-identity test is often used in these technical fields in determining equivalent infringement under the doctrine of equivalents. However, the Supreme Court recently held that it is insufficient to conclude patent infringement with a general triple-identity test.

Recent developments in Alexion cases
Smart & Biggar/Fetherstonhaugh
  • Intellectual Property
  • Canada
  • December 18 2017

The Federal Court of Appeal recently heard Alexion's appeal of a decision striking out its constitutional challenge to the price regulation scheme and confiscatory powers found in the Patent Act. A decision is under reserve. Alexion also has a pending judicial review of the Patented Medicine Prices Review Board's decision that it sold Soliris (eculizumab) at excessive prices.

Recent Serious Fraud Office investigations
Arnold & Porter Kaye Scholer LLP
  • White Collar Crime
  • United Kingdom
  • December 18 2017

In July 2017 the Serious Fraud Office (SFO) opened investigations into the oil services company Amec Foster Wheeler Plc and the Rio Tinto mining group. One month later, the SFO announced that it would investigate corruption allegations against British American Tobacco Plc. Although the SFO did not give any further details, the tobacco giant had announced in February 2017 that it was investigating claims that it had bribed officials in East Africa to undermine anti-smoking laws.

Anonymity: Khuja v Times Newspapers Limited
Arnold & Porter Kaye Scholer LLP
  • White Collar Crime
  • United Kingdom
  • December 18 2017

In July 2017 the Supreme Court published its judgment in a case concerning the reporting of an individual's name, which had been mentioned during trial proceedings to which he was not a party. The individual had been arrested in respect of similar offences for which others were on trial, but a charging decision over him had not been made before the trial's commencement.

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