A side letter in the venture capital sector is an agreement between an investor and the company it is investing in that entitles the investor to certain contractual rights, which supplement and are in addition to other rights...more
Have you amended a contract recently? The UK Supreme Court in Cobalt v HMRC has said that whether a contract has been varied, or replaced, depends on the parties’ common intention, objectively ascertained. So if you are...more
Indemnification is a key component in virtually every M&A deal, serving as a detailed and nuanced contractual risk allocation device between the Buyer and Seller. Though drafted in a two-way fashion, indemnity operates in the...more
Keypoint: Companies onboarding AI products and services need to understand the potential risks associated with these products and implement contractual provisions to manage them. With the rapid emergence of artificial...more
The Kingdom of Saudi Arabia has embarked on a significant legal reform with the introduction of its first Civil Transactions Law (the “Civil Code”), which took effect on December 16, 2023. Originally published in Law...more
The digital age has ushered in innovative forms of entertainment and commerce, including through the development of in-game economies. In recent years, the digital landscape of gaming has expanded beyond mere entertainment,...more
The following three regulatory technical standards supplementing the Digital Operational Resilience Act have been published in the Official Journal of the European Union: - RTS on the criteria for the classification of...more
The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues. Website operators in particular are increasingly seeking to use their online...more
The adoption of new and advanced technologies has allowed for a digital transformation across business industries. Infrastructure and services supported by technologies such as artificial intelligence (AI), advanced analytics...more
Economic sanctions have been increasingly used by countries and international organizations as a tool of foreign policy and national security. This increase in the use of sanctions, particularly by the U.S. Department of the...more
On 22 January 2021 the Association of Southeast Asian Nations (ASEAN) Digital Ministers' Meeting approved the ASEAN Data Management Framework (the DMF) and the Model Contractual Clauses for Cross Border Data Flows (the MCCs)....more
On September 15, 2020, the New York Attorney General’s Office (NYAG) announced a settlement with Dunkin’ Brands, Inc. (Dunkin) in connection with a September 2019 lawsuit brought by the NYAG against Dunkin for alleged...more
Goods imported into Canada are generally only subject to assessment of ordinary customs duty and goods and services tax (GST) or harmonized sales tax. However, during the course of any year, certain imported goods face the...more
Real-time payments (RTP) has been the rave of recent payments industry news. With the Federal Reserve announcing that it is about to embark upon the creation of a ubiquitous real-time payments framework, the topic is...more
IN THIS ISSUE - Alongside the usual challenges of rising and falling values inherent in any family-owned asset, cryptocurrency, which is kept in key-protected digital wallets, is prone to getting lost or disappearing with...more
Effective Monday, April 29, 2019, the Government of Canada discontinued its 25% provisional safeguard surtax imposed since October 25, 2018, on imports of concrete reinforcing bar, energy tubular products, hot-rolled sheet,...more
The European Data Protection Board (EDPB) has adopted the narrowest possible interpretation of ‘contractual necessity’ as a ground for processing of personal data. ...more
On 14 March 2019, the EU Horizontal Safeguard Regulation 2019/287 ("HSR") entered into force to streamline the implementation of bilateral safeguard measures in EU trade agreements concluded with third countries....more
Parties involved in health care transactions subject to the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act (“HSR” or “Act”) frequently ask whether submission of the HSR Notification and Report...more
It’s that time of year when many healthcare providers offer free or discounted sports or student physicals as a community service or marketing ploy. If you participate in such programs, make sure you consider the legal...more
The Situation: The Federal Trade Commission ("FTC") recently published a blog post reminding merging parties to avoid creating antitrust liability through the exchange of competitively sensitive information during merger...more
Recently published regulation implements the FY17 NDAA to prohibit use of funds for DoD construction and infrastructure programs and projects in Afghanistan that cannot be safely accessed by U.S. Government personnel. New...more
The Department of Health and Human Services Office of Inspector General (the OIG), on November 28, 2017, issued a Rescission Letter terminating Advisory Opinion Number 06-04 (Advisory Opinion 06-04). In Advisory Opinion...more
Almost all parties are required to exchange personal data as part of a merger and acquisition transaction. With data breaches on the rise, any buyer in a M&A transaction cannot afford to ignore privacy and data security...more
On October 4, 2017, U.S. Representative Sean P. Duffy [R-WI-7] introduced U.S. House of Representatives Bill H.R.3948 entitled the “Protection of Source Code Act.” If enacted, the Bill would amend the Securities Act, the...more