Delays

News & Analysis as of

Update: Santa Monica Amends Minimum Wage Ordinance, Delays Sick Pay Implementation.

Seyfarth Synopsis: Santa Monica has amended its Minimum Wage Ordinance to postpone implementation of its paid sick leave entitlements, now starting January 1, 2017 instead of July 1, 2016, and create a two phase...more

Effect of Energy Policy Bills on Natural Gas Exports

Legislative Update. On April 20, the U.S. Senate passed broad legislation that covers many different aspects of the energy and environmental sectors, including changes to streamline the approval process for the export of...more

FINRA Proposes to Delay Further the Implementation Date of its New Debt Research Rule

On April 20, 2016, FINRA proposed delaying further the implementation date of its new debt research rule (Rule 2422) until July 16, 2016. Rule 2422 was set to take effect on April 22, 2016, after the implementation date was...more

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2015] EWCA Civ 1144

The latest judgment in this long-running and complicated saga was handed down by the Court of Appeal on 10 November 2015. In 2004, a Nigerian-seated arbitral tribunal awarded IPCO approximately US$152 million....more

Patent Term Adjustment In South Korea

According to this bulletin from Lee International IP & Law Group in South Korea, Korean patents filed on or after March 2012 may be entitled to Patent Term Adjustment if they issued more than 4 years after the filing date and...more

FDA Delays Enforcement of Restaurant Menu Labeling Rule

This week, the Food and Drug Administration’s (FDA) Director of the Center for Food Safety and Applied Nutrition (CFSAN) formally announced that the agency will delay enforcement of its final rule entitled “Food Labeling;...more

Defence & Indemnity - February 2016: V. Surety and Bond Issues: The relationship between trust and lien claims under Provincial...

Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43, per Rothstein, J. - I. FACTS AND ISSUES - Stuart Olson Dominion Construction Ltd. (“Dominion”) was the general contractor of a football...more

Appointing an arbitrator to protect time for counterclaims

Mr Justice Knowles CBE’s judgment in Glencore International AG v (1) PT Tera Logistic Indonesia (2) PT Arpeni Pra [2016] EWHC 82 (Comm) considered whether the wording of a notice of appointment of an arbitrator was sufficient...more

ICC Administrative Decisions to Provide Greater Transparency and Efficiency

On 5 January 2016, the International Chamber of Commerce International Court of Arbitration (ICC) announced two decisions aimed at enhancing the efficiency and transparency of its arbitration proceedings...more

Pfizer, Inc. v. Lee (Fed. Cir. 2016)

Last month, in Pfizer, Inc. v. Lee, the Federal Circuit determined that the District Court for the Eastern District of Virginia did not err in granting summary judgment in favor of the U.S. Patent and Trademark Office on the...more

HUD Announces Another Delay in Implementation of Property Charge Default Rules

On January 12, 2016, the U.S. Department of Housing and Urban Development (HUD) published its first Mortgagee Letter of the year, in which it again delayed the implementation of the sweeping changes related to Home Equity...more

Formal Proposal to Delay Implementation of MiFID II Package to 2018

The European Commission has proposed to delay the application of the Markets in Financial Instruments Directive and Markets in Financial Instruments Regulation by one year. The proposed extension is due to concerns about the...more

California Court Puts Out The Welcome Mat For The Eichleay Formula In Computing Home Office Delay Damages - What Took So Long?

In JMR Construction Corporation v. Environmental Assessment and Remediation Management, Inc. (Court of Appeal No. H039055, Monterey County Superior Court No. M105497), the Sixth Appellate District held the Eichleay formula...more

Pfizer v. Lee: A Patent Term Adjustment Double Standard?

In Pfizer v. Lee (No. 2015-1265, January 22, 2016), the Federal Circuit upheld the U.S. Patent and Trademark Office’s (USPTO) determination that the toll period for A-type patent term adjustment (PTA) delay stops upon the...more

Federal Circuit Holds a Defective Restriction Requirement Ends Patent Term Adjustment

In Pfizer v. Lee, the Court of Appeals for the Federal Circuit held that a “defective” restriction requirement was sufficient to stop the period of patent term adjustment granted when the U.S. Patent and Trademark Office...more

The Tangled Mess: Apportioning Delay and Proving Damages

A recent case in North Carolina serves as a good reminder of the legal principles involving delays and overruns, specifically regarding the responsibility for apportioning delay and proving damages. In Flatiron- Lane v. Case...more

Administrative Processing Delays in Visa Application Adjudication

In recent weeks, there has been a noticeable increase in visa application processing delays due to Section 221(g), otherwise known as “Administrative Processing.” Ramped up fraud prevention and related security procedures...more

Termination for Default Held Improper

A contractor performed a project involving the construction of stone dike extensions and other work at four sites on the Mississippi River. Nelson, Inc. ASBCA No. 57201 (December 15, 2015). One of the issues was whether the...more

ACA Cadillac tax delayed two years

On December 18th, Congress voted to approve an omnibus spending deal to fund the federal government. This spending package includes a two-year delay – from 2018 to 2020 – of the so-called “Cadillac tax,” which was enacted as...more

ESMA Publishes MiFID II Delay Analysis

As discussed in last week’s Corporate & Financial Weekly Digest, on November 18, the European Securities and Markets Authority (ESMA) published a note relating to delays in the “go-live date” of certain Markets in Financial...more

Justice Department Delays Web Accessibility Regulations For At Least Three More Years, Leaving Businesses in Turmoil

In an astonishing move, the Department of Justice (DOJ) announced that it will not issue any regulations for public accommodations websites until fiscal year 2018—eight years after it started the rulemaking process with an...more

ESMA writes to Commission on MiFID 2 delays

ESMA has written to the Commission setting out areas of MiFID 2 that it thinks will in practice be challenging or impossible to have in place by the current “go-live” date. It has noted several requirements that will involve...more

"EU Lawmakers May Delay MiFID 2 Implementation"

Yesterday’s press reports indicate that European Union lawmakers are likely to delay MiFID 2 implementation. MiFID 2 is the name given to the EU laws which will reform EU securities and derivatives markets. Once implemented,...more

SEC Pays Whistleblower Bounty Award Exceeding $325,000

On November 4, 2015, the SEC announced that it would pay a former investment firm employee a whistleblower bounty award totaling more than $325,000. Notably, the SEC’s Order indicated that the award was decreased “because...more

Case Summaries: Expired Appeals

Clark v. Institute of Chartered Accountants of Alberta (Complaints Inquiry Committee), 2015 ABCA 271, concluding that an appeal of disciplinary findings to the Court of Appeal should not be restored after it was deemed...more

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