ILN Today Post

Giorgio Cherubini authors The New Debt Restructuring Agreements

The book is a commentary on the provisions concerning the restructuring agreements, which have been repeatedly and recently amended in the system of insolvency proceedings; the regulatory path is analysed with the new framework complementing the previous system, which is still in force for the procedures already pending.

The book is addressed to practitioners  (magistrates, lawyers, accountants, advisors and managers) who operate in the field of insolvency proceedings and answers the need to verify, also in light of the changes introduced by the Business Crisis and Insolvency Code and, most recently, by Law Decree 118/2021, converted into Law October 21, 2021 no. 147, the operability of the provisions.

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ILN Today Post

IAM PATENT 1000 2022 RANKS A & K METAXOPOULOS & PARTNERS AS A LEADING IP FIRM

We are pleased to announce that A & K Metaxopoulos and Partners Law Firm is listed again this year – as silver firm – in the IAM Patent 1000 2022.

In addition to that, both Kriton Metaxopoulos and Irini Daroussou, our IP partners are also recognized among the World’s Leading Patent Professionals.

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ILN Today Post

Torres Talks Trade Podcast Episode 5 on U.S. Customs and Border Protection Audits

This week’s episode (below) covers the important topic of U.S. Customs and Border Protection (“CBP”) audits, including how CBP selects companies for audits and how importers should prepare for an audit. Anthony “Tony” Saranchak, Senior Customs Adviser at Torres Trade Advisory, provides insights from his vast experience working as an auditor at CBP.

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Evidence by Presumption: Utility and Pitfalls

This webinar was presented on June 16, 2022, as part of our firm’s annual lectures on insurance law.

Description

Property is stolen in a warehouse while the alarm system, unexplainably, was down. There is a suspect, an employee, but no one has seen him deactivate the alarm system or carry the property. Can we assume that he is a party to the theft simply because any other explanation must be ruled out?

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Los Angeles Private Hospitals: A Minimum Wage Increase for Health Care Workers Will Likely Take Effect This Year

On June 29, 2022, the Los Angeles City Council (“Council”) approved an ordinance that would raise the minimum wage for people working at “covered healthcare facilities” in the city of Los Angeles (“City”) to $25 per hour.

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High Court of Delhi extends statutory deadline for filing response to FER in European Union’s patent applications

Patents files folder

In the recent case of The European Union vs. Union of India and Ors., W.P.(C)-IPD 5/2022 and W.P.(C)-IPD 6/2022, the Petitioner (European Union) filed two writ petitions against two orders passed by the Controller General of Patents for deemed abandonment of its patent applications.

By way of background, the Petitioner had initially engaged a European law firm (M/s. Freylinge) which in turn engaged one Mr. Guruswamy Nataraj (“first patent agent”) for filing and prosecuting the patent applications (on their behalf). The first patent agent filed Indian Patent Application No. 11123/DELNP/2012 (on December 21, 2012) and Indian Patent Application No. 3466/DELNP/2013 (on April 18, 2013).

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Virginia Federal Court Rejects Massachusetts’s Statutory Prohibition on Out-of-State Forum Selection Clauses in Noncompete Agreements – Sort Of

Several states over the past few years have passed legislation prohibiting the use in noncompete agreements (and other employment-related agreements) of out-of-state choice-of-law and forum selection provisions. A few of these states’ laws include enforcement mechanisms with stringent penalties, such as California, which provides for injunctive relief and attorneys’ fees to an aggrieved employee; Washington, which entitles aggrieved employees to actual damages or statutory penalties of $5,000, as well as their attorneys’ fees; and, beginning in August, Colorado, where any violation of that state’s noncompete statute (including the prohibition on out-of-state choice-of-law and forum selection provisions) could lead to civil and criminal penalties.

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Charles J. Durante Elected President of the Delaware State Bar Association

Partner Charles J. Durante has been elected President of the Delaware State Bar Association.

Chuck Durante was one of the founding partners of Connolly Gallagher, where he practices in taxation, trusts and estates. He has served on the Bar Association’s executive committee since 2014, and has chaired the Association’s Sections of Taxation and of Trusts and Estates.

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ILN Today Post

Highlights of Personal Information Export Standard Contract (Draft for Comment)

On 30 June 2022, the Cyberspace Administration of China (CAC) released the long-awaited draft of Personal Information Export Standard Contract (Exposure Draft) (the “SC Draft”). Deriving from article 38 of the Personal Information Protection Law (the “PIPL”), the SC Draft elaborates on one of the three personal information export mechanisms, which is expected to be frequently used by MNCs for data export. This briefing focuses on the application scope and key points of the SC Draft. Read more…

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Unpacking Averages: Common Root Causes Driving Medical Device Recalls

Recalls have always been a bit of a double-edged sword.  Obviously, companies hate recalls because a recall means their products are defective in some manner, potentially putting users at risk and damaging the brand.  They are also expensive to execute.  But a lack of recalls can also be a problem, if the underlying quality issues still exist but the companies are simply not conducting recalls.  Recalls are necessary and appropriate in the face of quality problems.

Thus, in terms of metrics, medical device companies should not adopt as a goal reducing recalls, as that will lead to behavior that could put users at risk by leaving bad products on the market.  Instead, the goal should be to reduce the underlying quality problems that might trigger the need for recall.

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