Latest updates

First ringless voicemail message TCPA decision sides with plaintiff
Manatt Phelps & Phillips LLP
  • Telecoms
  • USA
  • August 15 2018

A federal judge in Michigan was the first to declare in a published dispositive opinion that a ringless voicemail message (RVM) is a 'call' regulated by the Telephone Consumer Protection Act (TCPA). Companies would be well advised to ensure that they have proper consent under the TCPA when using RVM technology until there is further clarity on whether the technology is covered by the TCPA.

New NLRB guidance memorandum on workplace policies and handbooks
Mayer Brown LLP
  • Employment & Benefits
  • USA
  • August 15 2018

The National Labour Relations Board (NLRB) recently issued a new guidance memorandum clarifying the standard that it will apply when interpreting employer workplace policies and handbooks following its recent decision in The Boeing Co. The guidance memorandum clarifies that post-Boeing, many employment policies and procedures that may have been deemed unlawful under the previous NLRB General Counsel memoranda will now be upheld.

Health Canada publishes guidance documents that address reporting of adverse reactions
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • August 15 2018

Health Canada recently published the Reporting Adverse Reactions to Marketed Health Products guidance document, which provides assistance on reporting adverse reactions to marketed health products. Further, it published Preparing and Submitting Summary Reports for Marketed Drugs and Natural Health Products, which addresses the format and content of annual summary reports and issue-related summary reports, as well as procedures for their submission to Health Canada.

Reducing aircraft emissions on global scale
  • Aviation
  • International
  • August 15 2018

Aviation is among the fastest growing sources of greenhouse gas emissions, which has given rise to environmental concerns over their global impact and effect on air quality, particularly at ground level. In an effort to tackle aviation's increasing contribution to climate change, international organisations – such as the United Nations and the International Civil Aviation Organisation – are taking steps to reduce global aviation emissions and develop measures with worldwide effect.

State action plan to reduce aircraft emissions
George Etomi & Partners
  • Aviation
  • Nigeria
  • August 15 2018

As a signatory of the Kyoto Protocol to the UN Framework Convention on Climate Change, Nigeria must reduce its greenhouse gas emissions from both domestic and international aviation. To demonstrate its commitment in this regard, Nigeria has developed an action plan to reduce aircraft emissions and implement the Carbon Offsetting and Reduction Scheme for International Aviation. Further, it intends to explore regulatory measures to reduce its aircraft emissions.

Mid-year life sciences highlights
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • August 15 2018

There have been a number of major highlights in Canadian life sciences law over the past six months, including the consultation on the proposed Regulations Amending the Patented Medicines Regulations. Among other developments, eight certificates of supplementary protection were issued and a number of new biosimilars were approved. Further, the creation of an Advisory Council on the Implementation of National Pharmacare was announced in February 2018.

Employer warnings may be challenged in court
Homble Olsby Advokatfirma AS
  • Employment & Benefits
  • Norway
  • August 15 2018

The Supreme Court recently ruled in a case in which an employee had challenged the lawfulness of a warning issued by their employer. Prior to this case, Norwegian lawyers had generally been of the view that warnings were part of an employer's right of management and that the courts would not try cases challenging such warnings as they have no actual consequence.

Quebec Pay Equity Act: a barrier to accessing pay equity?
Fasken
  • Employment & Benefits
  • Canada
  • August 15 2018

The Supreme Court of Canada has upheld the decisions of the Quebec Court of Appeal and the Quebec Superior Court declaring Sections 76.3, 76.5 and 103.1, Paragraph 2 of the Pay Equity Act invalid on the grounds that they are discriminatory and thus contrary to Section 15(1) of the Canadian Charter of Rights and Freedoms. According to the Supreme Court, rather than ending systemic wage discrimination, the impugned provisions "place barriers along the path to equal pay for women".

Liability for damages caused by bird strikes
Odi-se Avocats
  • Aviation
  • France
  • August 15 2018

Bird strikes are not uncommon in civil aviation: every year there are approximately 5,000 to 6,000 incidents costing $1.2 billion worldwide. But this begs the question of who should be held responsible for bird strikes where an airport subcontracts the prevention of bird risk to a third party. The Supreme Court for Administrative Law recently had to decide which party was responsible for this collision, as previous case law on the matter was unclear.

Preventing employment discrimination versus upholding status of marriage
Howse Williams Bowers
  • Employment & Benefits
  • Hong Kong
  • August 15 2018

The Basic Law states that "the freedom of marriage of Hong Kong residents and their right to raise a family freely shall be protected by law". This protection is understood to be limited to marriage between monogamous heterosexual couples, which has led to debate on the equal treatment of homosexual couples. The principal issue is that treating same-sex relationships differently is discriminatory. The Court of Appeal recently considered this issue from an employment perspective.

Where might the government's Brexit white paper lead us?
Lewis Silkin
  • Employment & Benefits
  • United Kingdom
  • August 15 2018

Although massively contentious, the government's white paper proposals on the relationship between the United Kingdom and the European Union post-Brexit add some flesh to the bones of what future interrelation between the two entities may look like. But what are the key points for employment lawyers?

Insider trading rule under Financial Instruments and Exchange Act
Nagashima Ohno & Tsunematsu
  • Capital Markets
  • Japan
  • August 14 2018

The recent amendments to the Financial Instruments and Exchange Act introduced the fair disclosure rule, preventing listed issuers from making selective disclosure of their material information in order to ensure market fairness and transparency. This rule differs to the insider trading rule, which was introduced in 1989 with a similar aim of ensuring fairness and transparency by prohibiting parties with knowledge of undisclosed material facts regarding listed issuers from trading the securities of such issuers.

Important changes to civil procedure
  • Litigation
  • Jersey
  • August 14 2018

In Summer 2017 Jersey's Royal Court Rules were amended and 11 new practice directions came into force. These aim to improve access to justice, streamline the civil justice process and, where possible, reduce the risks and costs associated with litigation by encouraging the early resolution of cases to avoid court proceedings.

Forms of authority for medical records post-GDPR
DAC Beachcroft
  • IT & Internet
  • United Kingdom
  • August 14 2018

In defending personal injury claims, the ability of compensating insurers and their representatives to seek access to the claimant's medical records is often important in enabling claims to be scrutinised and medical evidence to be obtained. However, the implementation of the General Data Protection Regulation and the Data Protection Act 2018 has affected the ability of compensators to obtain access to those records.

Broker not in breach of duty to advise in failing to provide oral advice in relation to duty to disclose
Herbert Smith Freehills LLP
  • Insurance
  • United Kingdom
  • August 14 2018

In holding that a broker was not in breach of duty by failing to give oral advice in relation to the disclosure of criminal convictions, the High Court has provided a useful reminder of the extent of a broker's duty to advise in relation to disclosure. The court also held that a lack of expert evidence materially limited, but did not exclude, the possibility of a finding that the broker had breached its duty to act with reasonable care and skill.

Supreme Court further clarifies scope of 'main proceedings' for pre-judgment attachments in cross-border disputes
AKD NV
  • Litigation
  • Netherlands
  • August 14 2018

The Dutch courts have jurisdiction to grant permission for pre-judgment attachment on assets that are located in the Netherlands, even if the debtor is foreign and the Dutch courts have no jurisdiction in the main proceedings. A recent Supreme Court decision has provided further guidance on which (foreign) court actions can be considered 'main proceedings' within the meaning of the Code of Civil Procedure and at what time the creditor must be deemed to have instituted these main proceedings.

Importance of industry-standard documentation when considering competing jurisdiction clauses
RPC
  • Litigation
  • United Kingdom
  • August 14 2018

A recent case reiterates the significance that the courts will ascribe to the use of industry-standard documentation when considering 'competing' jurisdiction clauses in related contracts. The case also provides an important reminder of the necessity of seeking the court's direction before engaging expert evidence, particularly in the interim stages of litigation.

Amendment to Insurance Law mandates insurers to offer products for disabilities
Hogan Lovells BSTL SC
  • Insurance
  • Mexico
  • August 14 2018

A recent amendment to the Insurance Law has mandated medical expenses insurers to offer insurance products that cover risks which can cause disabilities in individuals. The amendment decree also revised the General Law for the Inclusion of Disabled Individuals, which prohibits any type of discrimination against individuals with any type of disability.

Singapore and BVI courts cooperate against cross-border fraud
  • Litigation
  • British Virgin Islands
  • August 14 2018

The Singapore Court of Appeal recently ruled to reinstate and expand a Mareva injunction against fraudster defendants in a conspiracy claim, providing strong support for an earlier decision of the BVI Commercial Court in related proceedings. The decision demonstrates the importance of consistency between courts in multiple jurisdictions in complex cross-border cases.

Supreme Court rules that AMERICAN UNIVERSITY trademark is inherently distinctive
Kim & Chang
  • Intellectual Property
  • South Korea
  • August 13 2018

The Supreme Court recently ruled en banc that the AMERICAN UNIVERSITY trademark was sufficiently distinctive among South Korean consumers to be registered in connection with university education services, instruction services and other designated services. The court's reasoning is notable because it appears to hold that consumer awareness evidence can be used to prove the inherent distinctiveness of a mark in South Korea.

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