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Case review 26/05/2023
High Court makes first decision on the ‘judicial exemption’ to subject access rights in UK GDPR and Data Protection Act 2018
The High Court decision of X v The Transcription Agency (1) Master James (2) [09.05.2023] is the first detailed consideration of the scope of the judicial exemption to the right to access to personal data under the UK GDPR (General Data Protection Regulation) and Data Protection Act 2018 (the DPA 2018). As such, it is of interest to all data protection practitioners.
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Article 26/05/2023
An in-depth look at changes impacting insurers arising from Florida's new tort reform act
On March 24, 2023, Florida passed a sweeping tort reform bill into law, making major changes to civil litigation in the state. In anticipation of the Governor signing the bill into law, the number of new cases initiated throughout the state in March 2023 was 280,122. Of that amount, 71,000 came from Miami-Dade County (Miami) and 53,000 from Hillsborough County (Tampa). These numbers are staggering.
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Case review 25/05/2023
Do software developers owe fiduciary duties to bitcoin owners? Court of Appeal considers there is a serious issue to be tried
In a judgment handed down in February 2023, the Court of Appeal upheld an appeal made by Tulip Trading Limited, against a first instance decision of the High Court, where the Defendants successfully brought an application challenging the court’s jurisdiction. In doing so, the Court of Appeal held that there is a serious issue to be tried as to whether developers owe fiduciary duties to bitcoin owners.
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Article 25/05/2023
The building safety saga continues – new regulations to encourage responsible behaviour in the construction sector
Last month, the Department for Levelling Up, Housing and Communities (DLUHC) laid the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (the regulations) before Parliament.
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Article 19/05/2023
Hong Kong Regulatory Insurance Update April 2023
In this April 2023 edition of Regulatory Insurance Update, the Hong Kong Corporate & Commercial Team provide the latest updates relating to the law and regulations, developments, and news in the insurance industry in Hong Kong.
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Article 16/05/2023
Arbitration agreements in New Jersey
On May 16, 2022, the Appellate Division decided two cases which involved arbitration agreements. On both cases, Judge Gilson, J.A.D. was the opinion’s author. In the first, the panel held the arbitration agreement was enforceable. However, in the second, which involved a minor plaintiff, the appellate panel held that the minor plaintiff had the right to disaffirm the arbitration agreement. The following is an analysis of both cases, which when viewed together, serve a refresher of the nuances of arbitration agreements in New Jersey.
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Article 12/05/2023
Post Brexit legislation changes - employment law
The UK Government has announced the first in a series of upcoming regulatory reform packages proposed following the UK’s departure from the EU.
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Article 11/05/2023
Identifiable trends in LAC data protection legislation
While data protection legislation has existed throughout Latin America and the Caribbean since the early 2000s, the enactment of the European Union’s General Data Protection Regulation (GDPR) in 2018 triggered a wave of legislation in Latin America and the Caribbean, modeled after the protections and obligations enumerated within that landmark European law.
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Article 10/05/2023
The regulator crack-down: will it all come out in the greenwash?
The action taken by regulatory bodies in Australia against greenwashing has shown no signs of slowing down, with ASIC recently issuing an infringement notice to Future Super Investments Services for overstating its environmental impact in a Facebook post made in 2019. In this article, we discuss why regulators in Australia are concerned about greenwashing, recent action taken by ASIC and the ACCC as well as the impact of increased regulatory scrutiny on insurance and insurers.
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Article 04/05/2023
The longer arm of the law – the new failure to prevent offence
Although not quite hot on the heels of the Bribery Act 2010 and the Criminal Finances Act 2017, the UK is now preparing to introduce, through the Economic Crime and Corporate Transparency Bill, a further corporate failing to prevent offence, but this time, tackling the scourge of fraud.