Monthly Archives: July 2020

ILN Today Post

National Education Policy 2020 – Reforms in Indian School Education System

Rote learning, the bane of Indian education, is finally being shown the door and is proposed to be replaced by competency-based learning and development of students which tests higher-order skills such as analysis, critical thinking and conceptual clarity. The long-awaited National Education Policy 2020 (“NEP 2020”), was announced by the Union Cabinet on July 29, 2020. The NEP 2020 is promoted as the first education policy of the 21st century with an objective of revising and revamping the Indian education structure and move towards creation of new system that is aligned with the aspirational goals of 21st century education. NEP 2020 is based on the principle that education must not be restricted to development of cognitive skills i.e., ‘fundamental skills’ of literacy and numeracy and ‘higher-order’ cognitive skills such as critical thinking and problem solving. Instead the education system must focus on development of ‘soft skills’ of a child, i.e. social and emotional skills including cultural awareness and empathy, perseverance and grit, teamwork, leadership and communication.

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Rainmaking Recommendation from Jaimie Field: THE Most Important Secret to Rainmaking Success

Rainmaking coach and trainer, Jaimie Field is letting you in on a secret today. And it’s one I completely agree with too. Read on…

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Shhh… I’m going to tell you a secret.

Lean in a bit closer so I can YELL this in your ear! The most important secret to Rainmaking success is . . . .

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Virginia’s Workplace Safety and Health Standards for COVID-19

On July 27, 2020, Virginia became the first state in the nation to implement workplace safety and health standards for COVID-19.  The Safety and Health Codes Board adopted § 16VAC25-220, an Emergency Temporary Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (the “Temporary Standard”), which is designed to supplement and enhance existing Virginia Occupational Safety and Health (“VOSH”) laws, rules, and regulations that may apply to the prevention and control of COVID-19 in the workplace.  Virginia imposed these standards because the Occupational Safety and Health Administration (“OSHA”), the federal agency responsible for workplace safety, has thus far refused to make its own extensive recommendations mandatory.  Not surprisingly, the Virginia standards borrow heavily from existing OSHA guidance in most areas.

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BUSINESSES BEWARE: DEPRECIATION IN GOODWILL CLAIMS NOT BOUND BY INDUSTRY LINES

The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had breached Sections 20, 7(b) and 22 of Canada’s Trademarks Act (the “Act“) with respect to claims of trademark infringement, passing off and depreciation of goodwill. This is an interesting case in its review and application of Section 22 of the Act. It provides further protection for trademark owners in Canada.

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Cyber Coverage in the Age of COVID-19 Need Not Result in Pandemonium

While businesses and their employees continue to operate in the “new frontier” of working-from-home during the COVID-19 pandemic and the gradual reopening of the economy, a serious risk continues to present itself: the threat of cybercrime. The increased use of remote access to work systems and related applications has made businesses a prime target for those unscrupulous individuals seeking to encroach on companies’ cyber-landscape. Flaws in VPNs, firewalls, and videoconferencing, for example, have exposed many companies’ electronic infrastructures to these incursions. Similarly, the at-home workforce has increasingly been subjected to social engineering attacks often cloaked as communications purporting to provide information about pandemic-related issues.

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Law Firm ILN-telligence Podcast | Episode 10: Juan Pablo Schwencke | Schwencke & Cia

Juan Pablo Schwencke is the founding partner of Schwencke & Cia, a Chilean law firm and member of the International Lawyers Network. In this episode, Lindsay and JP talk about launching a new firm in the midst of a pandemic, the pressures that a leader faces in the current moment, and why JP asks the members of his firm to give just 15% more. Tune in by clicking below!

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ILN Today Post

E-COMMERCE ENTITIES IN INDIA – APPLICABLE REGULATIONS

The Ministry of Consumer Affairs, Food and Public Distribution through the Department of Consumer Affairs has issued the Consumer Protection (E-Commerce) Rules, 2020 under the Consumer Protection Act, 2019 vide notification bearing number G.S.R. 462(E) on July 23, 2020 (“E-Commerce Rules”) to regulate the operations of e-commerce entities in India in a fair and transparent manner and to protect the rights and interest of consumers. The gazette copy of the E-Commerce Rules can be accessed here [http://egazette.nic.in/WriteReadData/2020/220661.pdf].

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FDA Issues Draft Guidance on Cannabis Clinical Research and Sends CBD Enforcement Discretion Guidance to OMB for Review

FDA took two important steps last week to clarify the regulatory landscape for cannabis products, including CBD products.  First, FDA issued a draft guidance on Quality Considerations for Clinical Research Involving Cannabis and Cannabis Derived Compounds.  This guidance builds off of earlier guidance FDA has issued about the quality and regulatory considerations that govern the development and FDA approval of cannabis and/or cannabinoid drug products.  See e.g., here and here.  The draft guidance iterates a federal standard for calculating delta-9 THC content in cannabis finished products, which addresses a significant gap in federal policy regarding those products.  While the testing standard is neither final nor binding on FDA or DEA, when finalized it would iterate what FDA considers to be a scientifically valid method for making the determination of whether a cannabis product is a Schedule I controlled substance.  Therefore, it may be useful in many contexts, including federal and state cannabis enforcement actions.  We encourage affected parties to file comments on FDA’s Guidance, which they may do until September 21, 2020.

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ECJ Invalidated the EU-US Privacy Shield Framework

On July 7, the Court of Justice of the European Union (ECJ) invalidated the EU-US Privacy Shield framework in its ruling in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Case C-311/18). More than 5,000 organizations in the United States have certified their adherence to this framework, and have relied on it to receive personal data from organizations in the EU in compliance with the General Data Protection Regulation (GDPR) since 2016. The framework was a joint effort between the US Department of Commerce and the European Commission and Swiss Administration to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States in support of transatlantic commerce. The Department of Commerce released the following statement:

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Six Tips for Legal Bloggers

Last week, I had the absolute pleasure of speaking with LexBlog’s Bob Ambrogi on “This Week in Legal Blogging,” their new Facebook Live interview series. Bob and I discussed the ILN, running a legal network during a pandemic, and the eleven years that I’ve spent blogging here on Zen (how did that happen??). Two of his questions touched on tips for bloggers who were either getting started in legal blogging, or looking to focus or amplify their efforts, so I wanted to share them here with you! These are my six tips for legal bloggers:

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