Legal Updates

VIRGINIA BECOMES THE SECOND STATE TO PASS A COMPREHENSIVE PRIVACY LAW

After passing with relative ease through Virginia’s House of Delegates and Senate, Governor Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA) into law on March 2, 2021. Virginia joins California as the only states in the nation to have passed comprehensive privacy legislation. Companies that are subject to the new law will have to comply beginning January 1, 2023, the date when the law goes into effect. Companies should note that this date coincides with the effective date of the new substantive obligations set forth in the California Privacy Rights Act (CPRA), the recently passed ballot initiative amending the California Consumer Privacy Act (CCPA), as discussed in our previous alert.

While the new Virginia law creates a hybrid model that borrows liberally from the CCPA and CPRA, as well as the EU’s General Data Protection Regulation (GDPR), it also contains many unique elements that diverge from these counterparts. Read more…

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IBC Moratorium to Apply to Cheque Bouncing Cases

The Hon’ble Supreme Court of India on March 1, 2021 held that the criminal proceedings against cheque bouncing under Section 138 of the Negotiable Instrument Act, 1881 (‘NI Act’) shall remain stayed against the company during the period of moratorium applicable to insolvency proceedings of any company. The proceedings would however continue against the directors and other officials of the company who are made accused in cheque bouncing proceedings.

 

Section 14 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) specifies that when an order declaring moratorium is passed, the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, or arbitration panel would be prohibited.

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Llinks Client Alert – Antitrust and Competition (February 2021)

I. Legislation
1. The Anti-Monopoly Commission of the State Council issues the Anti-monopoly Guidelines on Platform Economy, in order to prevent monopolistic activities in the field of platform economy and protect fair market competition. Based on the Anti-Monopoly Law, the Guidelines consist of six chapters and twenty-four articles, including general provisions, monopoly agreements, abuse of market dominance, concentration of undertakings, abuse of administrative power to exclude restrictions on competition, and supplementary provisions. Read more…

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Rights and Obligations of Spouses at Death: A Webinar With Natacha Calixte

March 5, 2021 — What are the rights of married, civil union or de facto spouses upon the death of one of them? These are the questions that Natacha Calixte will be addressing on Monday, March 8, in Les droits et obligations des conjoints : planification des conséquences du décèsa webinar hosted by the Wills, Estates and Trusts section of the Canadian Bar Association — Quebec.

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The Eurasian Patent Office has launched the Pharmaceutical Register

Since 1 March 2021, the Pharmaceutical Register of the Eurasian Patent Office (EAPO) is available on the official website of the Eurasian Patent Office. The Register contains information on Eurasian patents protecting active substances of drugs.

The EAPO specifically indicates that the Pharmaceutical Register shall relate to the patents protecting pharmacologically active products (chemical compounds, including those described by the same structural formula, biotechnological products, compositions, combinations), production methods and medicinal use of the products.

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Maryland is latest state to propose regulating use of biometrics

In recent years, Illinois’ costly and strict Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1 et seq., has been used by the plaintiffs’ class action bar in Illinois and around the country to extract significant monetary settlements from unwary companies, causing substantial disruption to their businesses. Maryland legislators recently introduced a biometric information privacy law that echoes BIPA. The proposed law, titled “Commercial Law – Consumer Protection – Biometric Identifiers and Biometric Information Privacy,” would become only the second in the country to provide a private right of action to plaintiffs and allow successful litigants to recover attorneys’ fees and litigation costs. Read more…

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The curious case of Lady Gaga’s dog walker: An employment law tale

If you’re an employment lawyer, you see employment related issues – almost – everywhere …current events, sports, and pop culture. And, it’s just that perspective that brings us to the curious case of Lady Gaga’s dog walker’s employment status.

As has been widely reported, Lady Gaga’s dog walker was ambushed while walking two of her French bulldogs in Hollywood, California. The dog walker, who was shot, is recovering and after several days the dogs have been returned. Read more…

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The Defence of Res Judicata Is Permitted Even in Cases With Different Legal Grounds and Legally Distinct Parties

By Alice Bourgault-Roy, from our Insurance Law Practice Group

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March 1, 2021 — In a decision rendered by the Court of Quebec (still unpublished as of this writing) on January 22, 2021 in 9174-0886 Québec inc. c. Rochette, RSS successfully presented a motion alleging abuse of proceedings in a related case dismissed at the preliminary stage, by arguing the application of res judicata.

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Another Bill in Congress Seeks to Limit Non-Competes – Will This One Go Anywhere?

On February 25, 2021, the Workforce Mobility Act, a bipartisan bill to limit the use of non-compete agreements, was introduced in the U.S. Senate by Senators Chris Murphy (D-Conn.), Todd Young (R-Ind.), Kevin Cramer (R-N.D.) and Tim Kaine (D-Va.), and in the U.S. House of Representatives by Scott Peters (D-Cal.).

This year’s Workforce Mobility Act is the latest of several attempts in recent years at the federal level to restrict non-compete agreements through legislation.  Despite bipartisan support at times, none has passed either the Senate or the House.  Will there be a different result this time around?

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Unconditional Stay on Arbitral Awards

Unconditional stay on enforcement of arbitral awards has yet again become a reality in India.

A.  Background

Indian arbitration law, contained in the Arbitration and Conciliation Act, 1996 (the “Act”), provided for an automatic stay on enforcement of the arbitral award once a challenge against the award was entertained by the Court under Section 34 of the Act.

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