Ethics plays a crucial role in the legal industry. Because they are expected to uphold their integrity and professional responsibility at all times, lawyers must not only be critical about their actions but also mindful and proactive in understanding the ins and outs of legal ethics.
Yearly regulatory updates from the United States Patent and Trademark Office (USPTO) constantly shape the post-grant patent trials landscape. This year’s proposed guidelines entail amendments on the rules surrounding standard practices in post-grant review (PGR), inter partes review (IPR), and covered business method (CBM).
Commercial litigation is among the many areas of law affected by the impact of the COVID-19 pandemic, which resulted in several case delays and significant business litigation proceeding restrictions. Furthermore, the currently implemented remote hearings also add a great deal of uncertainty and this will likely continue for a period of time as in-person arrangements are not possible yet. These issues bring further complexities and challenges in the determination of proceedings and trials, thus creating a crucial need to be conversant with the nuances of the situation and other updates.
As the biosimilar industry continues to grow, significant legal developments and trends also continue to emerge and pose challenges to market participants. Questions currently hounding the future of the Biologics Price Competition and Innovation Act (BPCIA) litigation and regulatory pathway include the newly introduced Biologic Patent Transparency Act, the ongoing debates on the constitutionality of the Affordable Care Act (ACA), and the potential unavailability of inter partes and post-grant review proceedings for biosimilar manufacturers.
As COVID-19’s economic impact continues to generate shock waves among financial institutions, incorporating solutions that would ease banking activities is vital. Consequently, intelligent process automation (IPA), which enables businesses to create digital platforms and faster end-to-end processes, is currently gaining popularity. This momentum is brought by IPA’s benefits that expand from saving time and reducing costs to avoiding physical interaction between clients and employees.
The mergers and acquisitions (M&A) landscape is expected to become more active as businesses strive to position themselves for a better economic standing amid the uncertainties brought by the COVID-19 crisis. With the continuously emerging changes, M&A activities are anticipated to thrive in several business sectors including digital and technology, Environmental, Social, and Governance (ESG), IPOs, and consumer markets.
In June 2020, the U.S. government suspended the issuance of new employment-based nonimmigrant visas and green cards for the rest of the year. Aimed at protecting U.S. citizens’ health and jobs during the COVID-19 pandemic, the suspension covers nonimmigrants in the H-1B, L-1, H-2B, and J-1 visa categories as well as their dependents.
Disputes on the scope of work, defects, and timeliness often arise in construction and over the years, these disputes have evolved into more complex challenges posing greater problems to project owners and contractors. Although settled through mediation, arbitration, or trial, construction disputes can often be expensive and time-consuming.
Lawyers’ ethical competence and professionalism are crucial for client representation. They are expected to always uphold ethical standards and be guided by the Rules of Professional Conduct in all aspects of their work. However, it is inevitable for them to be confronted with such challenges and dilemmas. Thus, reinforcing the need to develop a sound ethical competence that will help them maintain their good reputation in the legal profession.
Last 2019, the Antitrust Division of the U.S. Department of Justice (DOJ) issued a guidance outlining how DOJ assesses antitrust corporate compliance programs as part of its Corporate Leniency Program. The guidance highlights the importance of an antitrust compliance program in resolving criminal investigations as well as the elements that make up an effective compliance plan.
The continuous disruptions brought by the COVID-19 outbreak have significantly impacted the Foreign Corrupt Practices Act (FCPA) enforcement and compliance matters. To address the risks brought by the pandemic, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have been continuously working hand in hand in providing updated guidelines for companies to ensure compliance with FCPA.
The COVID-19 pandemic has posed unique risks and challenges in almost all sectors around the globe, including the healthcare industry. Because of this, changes in the way that healthcare is delivered have also been significantly evident.
The security risk analysis and management obligations required by the Health Insurance Portability and Accountability Act (HIPAA) Security Rule are intended to play a crucial role in mitigating risks and vulnerabilities to the security and confidentiality of patient protected health information (PHI). Organizations that fail to implement these measures may be more susceptible to potential PHI breaches and could be confronted with costly regulatory fines.
Social Security Disability Insurance (SSDI) is a safety net program administered by the Social Security Administration (SSA) that insures workers in case of serious disabilities. Instead of paying premiums to insurance companies, the insured pays Social Security taxes, and part of this tax money funds the SSDI program.
The economic downturn brought by the COVID-19 pandemic has profoundly impacted the transfer pricing landscape. Multinational enterprises (MNEs) are dealing with serious transfer prices issues, supply chain disruptions, and restructuring expenses. In response to these growing repercussions, the Organization for Economic Co-operation and Development (OECD) recently published guidance on transfer pricing policies and clarified the application of the arm’s length principle. It also underscored the compliance challenges faced by MNEs.
