Monthly Archives: February 2021

Law Firm ILN-telligence Podcast | Episode 26: Jim Giszczak | McDonald Hopkins

Join us for our latest episode of the Law Firm ILN-telligence podcast!

Jim Giszczak is the Chair of the Litigation Department, Co-Chair of the Data Privacy and Cybersecurity Practice Group, and he serves on the Board of Directors and Executive Committee at McDonald Hopkins, a member of the International Lawyers Network, where he is also co-chair of the ILN’s Cybersecurity and Data Privacy Specialty Group. In this week’s episode, Lindsay and Jim talk about the issues facing firms and companies in cybersecurity and data privacy during the pandemic, why they should be even more of a priority now, and some practical tips to take away.

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Don’t Smile at the Camera – New Biometric Data Laws

Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more protected (e.g., less risk of identity theft). However, similar to the boom in privacy developments and legislation related to the collection and use of more traditional personal information, the growth of biometric data use by businesses, law enforcement, employers and other organizations has given rise to renewed privacy concerns and legal developments.

While there is no uniform federal biometric data privacy law, several states either have existing laws or are in the process of drafting or ratifying new laws. Although it remains to be seen how such legislation will change the industry’s use of and reliance upon biometric data, that it is increasingly the subject of analysis and discussion indicates a demand and a need for reasonable security and privacy practices around the collection and processing of biometric data, whether required by law or not.

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Two draft laws for annulment of excessive requirements for the content of the Joint Stock Company Charters have been proposed

To prevent the direct implementation of provisions of the Joint Stock Companies (hereinafter-JSC) legislation in the Charters, draft laws that soften the requirements for Charters were introduced to the State Duma of the Russian Federation:

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ILN Firm of the Month – Salaberren & López-Sansón Abogados, Argentina!

The ILN is proud to announce our latest firm of the month, Salaberren & López-Sansón Abogados, Argentina!

SyLS is the leading legal & tax boutique in business law in Argentina. The cross-border approach of the Firm, the partners’ broad experience in assisting international clients, and a very personal and dynamic approach, are some of the main values of the Firm.

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ILN Today Post

Expansion of Equalisation Levy – Impact on Overseas E-Commerce Companies

Equalisation levy on e-commerce supply or services has been the subject of some debate over the last few years. The Central Government has proposed to introduce certain changes in the aforesaid regime vide the Finance Bill, 2021 (“Bill”).

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Make Sure it’s a Good Fit: The CDC Issues Revised COVID-19 Mask Guidance

Our colleagues Susan Gross Sholinsky and Jenna Russell* of Epstein Becker Green have a new post on the Health Employment and Labor blog that will be of interest to our readers: “Make Sure it’s a Good Fit: The CDC Issues Revised COVID-19 Mask Guidance”.

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Make Sure it’s a Good Fit: The CDC Issues Revised COVID-19 Mask Guidance

On February 10, 2021, the Centers for Disease Control and Prevention (“CDC”) issued  updated guidance and a report emphasizing the importance of a wearing a mask that fits tightly over the face to slow the spread of COVID-19.  The report, which provides the basis for the CDC’s updated guidance, is based on CDC experiments that showed “substantially improved source control and reduced wearer exposure” when worn properly. The publications recommend two specific ways to ensure a mask works the best it can: (1) make sure the mask fits snugly against the face and (2) pick a mask with layers, or double mask.

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The Supreme Court of the Russian Federation has clarified the controversial issues related to the surety contract

The Supreme court has amended the regulation of pledges, established by the Supreme Arbitration Court of the Russian Federation earlier. The Decree of the Plenum of the Supreme Court No. 45 “On some issues of dispute resolution connected to pledge” dated 24.12.2020 (hereinafter – DPSC No. 45) derogates the Decree of the Plenum dated 12.07.2012 No. 42 (hereinafter – DPSAC No. 42) and resolves main problems raised in connection with the reform of this institute in 2015.

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Shareholders, Beware of Your Company’s Unfair Hiring Practices

By Theodore Goloff, from our Labour and Employment Law Group

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Contrary to the old adage, not all is fair in love and economic war.

In Raymond Chabot Grant Thornton c. Bourgeois, 2021 QCCS 237, the Superior Court has provided fresh perspectives regarding both what constitutes “unfair competition” and the possible responsibility that shareholders — even those shareholders who are not directors — might bear for the actionable wrongs of a corporate entity that engages in egregious unfair competition.

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A Mediation or Arbitration Clause Can Deprive a Court of Its Jurisdiction over a Class Action

By Catherine Jobin, from our Insurance Law Practice Group in Saguenay

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When an insurance policy has a valid dispute resolution clause, the Court must decline to hear the matter and refer it to a mediator or arbitrator, even if the matter relates to a class action, as was decided by the Superior Court in 9369-1426 Québec inc. (Restaurant Bâton Rouge) v. Allianz Global Risks US Insurance Company, 2021 QCCS 47.

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