The U.S. Securities and Exchange Commission (“SEC”) adopted a final rule on July 26, 2023 that requires public companies to disclose material cybersecurity incidents under new Item 1.05 of Form 8-K. Since its adoption, public companies have faced practical challenges in determining whether and when a cybersecurity incident warrants disclosure under Item 1.05. On May…
Trademark, in general, is defined as “any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person” from those used by others. Trademark may be registered trademarks or unregistered trademarks. For registered trademark, Section 360, Article 24 of New York General Business Law…
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If an employer alleges cause for termination and in support of such allegation it relies on the result of an investigation, then must the employer disclose the identities of the persons who complained about the employee? Does the answer change if the complainants were “whistleblowers”, who were permitted to make anonymous complaints and who were…
Why are German Wills often successfully challenged and voided? As in most jurisdictions, a German Last Will can be challenged if the testator, at the time of making the Will, (i) lacked mental capacity (in German: if he or she was “testierunfähig”); or (ii) was under undue influence, e.g. pressured or threatened (“bedroht”); or (iii)…
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In its judgment of 16 February 2021 in Hanan v Germany, [1] the Grand Chamber of the European Court of Human Rights (‘the ECtHR’) confirmed that the European Convention on Human Rights (‘the ECHR’) applies extraterritorially to the conduct of armed forces deployed abroad by Contracting States. The case thus presents important findings on the question…
Brazilian firm Mattos Filho reports that, on August 23, 2024, the Brazilian Data Protection Authority (“ANPD”) published Resolution No. 19/2024, approving the Regulations on International Data Transfers (“Regulations”) and the content of standard contractual clauses in accordance with the Brazilian Data Protection Law (Law No. 13,709/2018 – “LGPD”). The Regulations are the result of a…
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In two blog posts (here, here) I have commented on the recognition of professional qualifications between the EU and UK post-Brexit. Yet to be described and reflected upon, however, is the more general scheme of legal regulation of the recognition of professional qualifications which applies to third-country nationals coming to the EU, be they regular,…
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The Value Of A Life Lost At the initial client intake interview, a lawyer handling a wrongful death case has the important job of explaining the law to their clients, as well as breaking down the practical considerations of bringing the case. Unfortunately, as detailed in Chapter 4, this often includes informing family members of…
TWITCHELL TECH. PRODS., LLC v. MECHOSHADE SYS., LLC, 2024 NY Slip Op 1744 – NY: Appellate Div., 2nd Dept. 2024: “This appeal requires us to analyze the factors to consider when evaluating whether a restrictive covenant in an ordinary commercial contract is enforceable. Although there is a dearth of New York state case law on…
In a significant step towards enhancing the vitality of Francophone communities, Canada has announced the launch of the Francophone Minority Communities Student Pilot (FMCSP) program, which began on August 26, 2024. This initiative aims to attract French-speaking international students and immigrants, further enriching the linguistic, social, and economic landscape of Francophone minority communities (FMCs). The…
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