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Civil Law

US court says no distinction between managerial and non-managerial duties of directors

On 31 August 2023 the Supreme Court of Maryland held (overruling a previous decision) that there is no distinction between the ‘managerial’ and ‘non-managerial’ duties of directors of a Maryland corporation and said that the “sole source of the duties of the director is found in section 2-401.1 of the Maryland General Corporation Law (MGCL) which places the powers of the corporation in the hands of the directors.

The case involved a preliminary dispute regarding the framing of the causes of action … Read the rest

Supreme Court

Section 8 vouchers take center stage in dispute between landlord and disabled tenant

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Federal law bars housing discrimination against a person with a disability. Under the Fair Housing Act, landlords and sellers must provide “reasonable accommodations” to give someone with a disability “equal opportunity” to rent or buy a home. This week, we highlight petitions that ask the court to consider, among other … Read the rest

Civil Law

PRC Court Pierced the Veil of Co-insurance and Found Reinsurance Relationship Established Between the Insurers

By Jia WAN

In a recent case published by Beijing Financial Court (the “BFC”), which was represented by AnJie Broad and classified as one of the typical financial cases for the year of 2022, the BFC pierced the veil of “co-insurance”, and confirmed that reinsurance legal relationship was established between two insurers.

The dispute arose out of the “co-insurance agreement” entered by PICC and China Life where the two insurance companies had disagreement as to the amount that PICC should … Read the rest

Civil Law

NARB Recommends Better Distinction Between Current Achievements and Future Goals

Last year, we wrote about a challenge that NAD had initiated against various green claims made by the American Beverage Association (or “ABA”). NAD found that several of ABA’s claims – including claims that “our bottles are made to be remade” and “we’re carefully designing our bottles to be 100% recyclable” – were substantiated, but had concerns with others. ABA appealed the decision. Last week, NARB issued its own decision, siding with NAD. Here are some highlights.

Although NAD determined … Read the rest

Civil Law

Food safety talks between U.S. and Mexico focus on building partnership

This past week, the U.S. Food and Drug Administration and its regulatory counterparts in Mexico — the Federal Commission for the Protection from Sanitary Risks (COFEPRIS) and the National Service of Agro-Alimentary Health, Safety and Quality (SENASICA) — held the second annual Food Safety Partnership (FSP) Meeting as part of ongoing efforts to help ensure the safety of food imported from Mexico and to advance protections for consumers in both countries.

“We are building on the longstanding partnership for the … Read the rest