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Technical Standards

Foley & Lardner LLP

Mexico's Creation of Electric Vehicle Standards Provides An Opportunity for Companies to Influence Final NOM Provisions

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Mexico is on the electric vehicles mandatory-technical-standard (NOM)-creation roll. (“NOM” is the acronym for Normas Oficiales Mexicanas.) Mid-July 2024, the Ministry of Economy published the list of NOMS to be created...more

Dechert LLP

European Commission Requests Changes to ELTIF 2.0 Draft Regulatory Technical Standards

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European Securities Market Authority (ESMA) submitted draft ELTIF 2.0 Regulatory Technical Standards (RTS) to the European Commission in December 2023. European Commission has informed ESMA it will only adopt the RTS once...more

Seyfarth Shaw LLP

The District of Columbia Court of Appeals’ Recent Significant Legal Precedent Carries Implications for Standards Organizations

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In American Society for Testing and Materials (ASTM), et al. v. Public.Resource.Org, Inc. (PRO), 82 F.4th 1262 (D.C. Cir. 2023), the plaintiffs, ASTM, National Fire Protection Association (NFPA), and American Society of...more

The Volkov Law Group

Avoiding the Misclassification Mess—Practical Solutions for Managing Your Trade Compliance Program

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Recent comments from the top leadership of both the Directorate of Defense Trade Controls (“DDTC”) and Bureau of Industry and Security (“BIS”) during a government and defense industry conference last week should give all...more

Linda Liu & Partners

Thoughts on Strategy for Arguing against Objection of Lacking Essential Technical Features

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I Introduction - Under Rule 20.2 of the Implementation Regulations of the Chinese Patent Law, “The independent claim shall outline the technical solution of an invention or utility model and state the essential technical...more

Cadwalader, Wickersham & Taft LLP

EBA’s Final Report on Draft Technical Standards on the Identification of a Group of Connected Clients

On 20 December 2022, the European Banking Authority (“EBA”) published the final report on its draft Regulatory Technical Standards on the identification of a group of “connected clients” under Article 4(4) of the Capital...more

Cadwalader, Wickersham & Taft LLP

ESMA Publishes Final Cross-Border Marketing Technical Standards

On 21 December 2022, ESMA published a final report in relation to draft technical standards for cross-border fund management activities and the cross-border marketing of investment funds within the EEA under the UCITS and...more

Linda Liu & Partners

Principle of Holistic Consideration in Inventiveness Determination

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Under Section 3.1 of Chapter 4, Part II of the Guidelines for Patent Examination, when evaluating whether or not an invention involves an inventive step, the examiner shall consider not only the technical solution itself, but...more

Dunlap Bennett & Ludwig PLLC

Restrictive Markings for Technical Data Deliverables Contained Within Legends May Differ For Government and Third Parties

The Defense Federal Acquisition Regulation Supplement (DFARS) implements strict requirements for marking proprietary technical data with an appropriate restrictive legend tailored to the non-commercial items delivered to the...more

BCLP

EO Update: e-News for Charities & Nonprofits - March 2022

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Three New Technical Guides Published - Exempt Organizations and Government Entities has published three new Technical Guides (TG). These guides are comprehensive, issue-specific documents....more

Husch Blackwell LLP

How The Federal Circuit’s Boeing Decision Protects Contractor Ownership Of Technical Data

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The Federal Circuit’s recent decision in Boeing Co. v. Secretary of Air Force, 983 F.3d 1321 (Fed. Cir. 2020), provides some useful clarity on the contents of the restrictive markings and legends that contractors affix to the...more

Butler Snow LLP

ABA Formal Opinion 498: What You Don't Know (About Practicing Law Virtually) Can Hurt You...Professionally

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Most of us, even old-timers, changed the way we practiced law when the Coronavirus pandemic hit. We stopped going to the office (as much), we worked remotely (a lot), and we video-conferenced a whole bunch (before March 13,...more

Foley & Lardner LLP

Mexico: New Conformity Assessment Procedure for Telecommunication Products, and Technical Standard for Specific Absorption Rate...

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Under a new Conformity Assessment Procedure issued by the Mexican Federal Telecommunications Institute (IFT, as per its acronym in Spanish), effective February 25, 2021, the Certificates of Conformity (CoC) covering telecom...more

Foley & Lardner LLP

Mexican Mandatory Technical Standards (Noms) Compliance on Imports, and Limitation on Steel Exports

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Over the last several months, Mexico has made a number of important changes to the rules governing the importation and exportation of certain materials. This article focuses on changes to the rules governing compliance with...more

Mayer Brown

Disclosure Technical Standards and Templates published in relation to the EU Securitisation Regulation

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On 3 September 2020, two regulations were published regarding the detailed disclosure requirements under the Securitisation Regulation (the “Disclosure Technical Standards“). These consist of regulatory technical standards...more

Proskauer - Law and the Workplace

U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date

On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit...more

McDermott Will & Emery

Special Report - The Future of AI Regulation: The Government as Regulator and Research & Development Participant - Part 1 of 2

Artificial intelligence (AI) systems have raised concerns in the public—some speculative and some based in contemporary experience. Some of these concerns overlap with concerns about privacy of data, some relate to the...more

A&O Shearman

European Securities and Markets Authority Consults on Pre-Trade Transparency Regime

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MiFIR requires “systematic internalizers” (i.e., firms that The European Securities and Markets Authority has launched a consultation to collect the views of market participants on the pre-trade transparency regime applicable...more

A&O Shearman

EU Consultation on Draft Technical Standards For Third-Country Firm Registration and Disclosure Under MiFID II

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The European Securities and Markets Authority has launched a consultation on proposed draft Technical Standards on the provision of investment services and activities in the EU by third-country firms under the Markets in...more

Dechert LLP

International Capital Markets Newsletter Issue 2 – Winter 2020: The EU Prospectus Regulation – Six Months On…

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On 21 July 2019, the remaining provisions of the EU Prospectus Regulation came into force. Since this date, prospectuses for offers of securities to the public or admission to a regulated market in the EU have been required...more

Womble Bond Dickinson

FCC Inches Forward with Creation of Reassigned Numbers Database; Seeks Comments on Technical Requirements

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The FCC has issued a Public Notice seeking comments on the Technical Requirements for the Reassigned Numbers Database (RND) that it ordered to be created in 2018 in response to concerns that businesses had no way of ensuring...more

Faegre Drinker Biddle & Reath LLP

Draft Reassigned Numbers Database Technical Requirements Unveiled and Awaiting Comments

The long awaited draft technical requirements for the FCC’s reassigned numbers database was released today. At the time of the adoption of an order establishing this database in December 2018, the FCC tasked its North...more

A&O Shearman

European Banking Authority Consults on Draft Technical Standards on Passport Notifications Under Capital Requirements Directive

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The European Banking Authority has published draft amended Regulatory and Implementing Technical Standards regarding the exercise of credit institutions’ rights to freedom of establishment and freedom to provide services...more

A&O Shearman

European Commission Confirms Fitness of EU Supervisory Reporting Requirements for Financial Services

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The European Commission has published the results of its “fitness check” of EU supervisory reporting requirements.  The reporting requirements imposed by EU and national regulatory authorities require regulated institutions...more

Dechert LLP

EU Securitisation Regulation - European Commission Publishes Final Disclosure Templates Expected to Apply from February 2020

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No Good News, but No Bad News Either - On 16 October 2019 the European Commission (EC) adopted a delegated regulation supplementing Regulation (EU) 2017/2402 (the Securitisation Regulation) and setting out the final...more

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