Civil Law

Settlement Portends Broad Failure in Attempts to Ban Natural Gas

The City of Berkeley is going to repeal its regulation that prohibits the installation of natural gas piping within newly constructed buildings.

Last week the California Restaurant Association announced that the group and the City of Berkeley entered into a settlement agreement immediately halting enforcement of the City’s ‘first in the nation’ ban on natural gas piping as the City Council takes steps to repeal the 2019 ordinance after the U.S. Court of Appeals for the 9th Circuit refused to … Read the rest

Civil Law

Texas Bar Foundation recognizes Craig T. Enoch

The Texas Bar Foundation honored retired Supreme Court of Texas Justice Craig T. Enoch with the 2024 Gregory S. Coleman Outstanding Appellate Lawyer Award, according to a press release.

The award, established in 2011, commemorates the late attorney Gregory S. Coleman and celebrates the ideals and standards that Coleman demonstrated in his appellate practice and personal life. Recipients exhibit an outstanding appellate practice while maintaining a strong commitment to providing legal services for the underserved. The award also recognizes dedication … Read the rest

Civil Law

DEFORESTATION REGULATION: IMPACTS OF A POSSIBLE DELAY IN RISK CLASSIFICATION OF COUNTRIES AND OTHER RECENT DEVELOPMENTS

On 9 June 2023, the European Union published Regulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation (the “Deforestation Regulation” or the “EUDR”). The EUDR entered into force on 29 June 2023, although the main prohibitions and obligations will not apply until 30 December 2024.

Pursuant to the EUDR, beginning 30 December 2024, relevant products (derivatives of palm oil, soya, wood, … Read the rest

Civil Law

Actualité social

Jurisprudence

Les conditions d’ouverture du droit aux indemnités journalières s’apprécient au premier jour de I’arrêt de travail /

Une irrégularité dans la procédure de sanction disciplinaire ne peut entacher sa validité si elle n’a pas d’impact sur les droits à la défense du salarié /

Le temps de trajet n’est pas du temps de travail effectif même si le salarié reste joignable /

L’entretien préalable et la signature d’une convention de rupture conventionnelle peuvent avoir lieu le même jour /… Read the rest

Civil Law

Never Beyond the Law – the Spanish AEPD’s Position on the Processing of Whistleblower Data

In February 2023, Spain implemented Directive (EU) 2019/1937 (although it did not become fully applicable until December of that year) by means of Law 2/2023, of February 20, 2023, regulating the protection of persons who report regulatory violations and the fight against corruption (the “Law”). The Law, which requires all public and private organizations (with more than 50 employees or simply operating in certain sectors, even if they have fewer employees) to implement a whistleblowing system, has raised … Read the rest

Civil Law

Fraud on the PTO

LEDO PIZZA SYSTEM, INC. & LEDO PIZZA CARRYOUTS, INC., Plaintiffs,
v.
LEDO’S INC., Defendant.

No. 20 CV 7350.

United States District Court, N.D. Illinois, Eastern Division. March 7, 2024.

The defendant’s fraud claim fails even to get out of the starting blocks, because the defendant has failed to adequately establish standing to assert the claim.[5] A petition to cancel a mark must “be filed . . . by any person who believes that he is or will be damaged, … Read the rest

Civil Law

Acting Comptroller of the Currency Hints About Possible Operational Resilience Regulations

On March 12, at the Institute of International Bankers Annual Washington Conference, Acting Comptroller of the Currency Michael J. Hsu discussed the importance of operational resilience in the banking sector and hinted that potential regulations aimed to promote the same may be forthcoming.

Comptroller Hsu defined operational resilience as a bank’s ability “to prepare for, adapt to, and withstand or recover from disruptions.” These disruptions can stem from external events like natural disasters, bad actors, pandemics, or global conflicts, or … Read the rest

Civil Law

Federal court finds the Corporate Transparency Act unconstitutional: Is compliance still required?

Congress passed the Corporate Transparency Act (CTA) as an anti-money-laundering initiative in 2021. Absent an applicable exemption,[1] the CTA requires all entities formed or registered to do business in the US (reporting companies) to report their beneficial ownership[2] to the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN).

In National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.), the National Small Business Association (NSBA) and one of its members brought a suit in the US District Court of the Northern … Read the rest