The past few years have been plagued by construction project delays because of the pandemic-prompted suspension of works worldwide. With a series of challenges that are likely to loom in the construction industry this year, all concerned practitioners must take innovative approaches to be one step ahead of the shifting landscape, especially in construction defect cases and litigation.
In the face of a global pandemic, bankruptcy mechanisms have become increasingly relevant. With the spike of COVID-19-related business bankruptcy filings, post-confirmation liquidation and litigation trusts have been utilized more frequently. However, the role of these methods in the resolution of Chapter 11 bankruptcy cases also highlights the need for an in-depth understanding
The economic disruptions brought by the COVID-19 pandemic, along with recent court cases, have triggered waves of issues in the construction industry.
There has been an upsurge in antidumping (AD) and countervailing duties (CVD) petitions in recent years. Commerce Department and International Trade Commission practice has evolved with this increase in the caseload. Not only can these duties be very significant, but some of these new developments make it harder for foreign manufacturers and U.S. importers to assess potential AD and CVD risk.
The Coronavirus Disease 2019 (COVID-19) pandemic has significantly distressed the global market today. Companies suffer from interrupted supply chains and income losses as a result of paralyzed business operations. Practitioners think that this consequential business disruption may lead companies to collaborate with competitors in the hopes of keeping them afloat amidst the troubled economy. However, this move can also potentially violate the competition law.
To deter the increasing number of bribery and corruption offenses among US entities, intensified Foreign Corrupt Practices Act (FCPA) enforcement actions continue to be a focus area this year. Specifically, the FCPA is requiring companies to retain their company’s record “in reasonable detail, [and to] accurately and fairly reflect the transactions and dispositions of [assets]” to conform with the FCPA’s books and records requirements. Failure to comply could lead to legal lawsuits and hefty fines.
Class certification under the Federal Rule of Civil Procedure 23 has been a complex and challenging battle for plaintiffs and defendants alike. With the shifting legal interpretation and stringent analysis, the certification process has become increasingly difficult and costly.
When a certain company is served with a subpoena from the Securities and Exchange Commission (SEC), it indicates that the Commission has obtained sufficient information to get a formal investigation order. It can be harrowing for any business entity to be served with such order as it may have a significant impact on the company’s resources and overall reputation.
Intended to enhance consumer privacy rights and data use transparency, the California Consumer Privacy Act (CCPA) of 2018 is regarded as the most comprehensive privacy law in the U.S. The Act, which went into effect on January 1, 2020, imposes stringent privacy requirements with significant impacts on many entities that do business with California residents.
What's new in trademark law in the age of COVID-19? Join seasoned trademark law experts, Stephen Jadie Coates (Coates IP) and Maureen Shannon (Rivian Automotive), as they discuss how the ramifications of the pandemic has impacted the practice of trademark law and their perspective on such changes. Speakers will also discuss recent cases and upcoming regulatory changes. They will also provide the audience with practical strategies for managing trademark issues in a rapidly evolving legal climate.
In recent years, the hope on solving the patent eligibility conundrum is still up in the air. Precedential decisions interpreting and applying Section 101 from both the Supreme Court and the Federal Circuit created tangled patent eligibility rulings that have limited the ability to patent certain technologies. In connection with this, earlier this year, the members of the Senate Judiciary Subcommittee on Intellectual Property, along with members of the House, have produced a draft bill that will revise 35 U.S.C. Section 101. However, this draft bill is not yet available for there are still a lot of details to be discussed, and the proposed legislation is still to be determined. A mutual effort to produce a consistent subject matter eligibility framework is both an achievement and a raising opportunity for the year ahead.
Intellectual Property (IP) rights are crucial to every business, particularly in the food and beverage industry. Patents, trademarks, design rights, and trade secrets are extremely being valued amidst the rapid proliferation of IP infringement cases in this sector.
Construction claims, which typically arise from disagreements, failed obligations, or violations on construction contracts, can be challenging and time-consuming. Failure to effectively manage and resolve such disputes can have a profound effect on a project’s lifecycle and deter good relationship between parties.
The False Claims Act (FCA) is one of the federal government's most powerful tools to combat fraud in various industry sectors. By revisiting and regularly updating its approaches, the government continues to affirm its intent to pursue FCA claims.
The commercial real estate (CRE) industry continues to develop this 2020. Of notable significance are the general commercial real estate trends and their impact on leasing, bringing the Society of Industrial and Office Realtors (SIORs) to pay more attention to the unique developments in their markets as well as the needs of consumers and owners of the property they serve.
