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Articles

Comparing Supplementary Protection Regimes Between Canada (CSPs) and The EU (SPCs)

By Nancy P. Pei, Partner, Smart & Biggar LLP, and Daniel Wise, Carpmaels & Ransford LLP

Amendments to the Canadian Patent Act and enactment of the Certificate of Supplementary Protection Regulations flowing from the Canada-European Union (EU) Comprehensive Economic and Trade Agreement introduced a new framework in Canada for the issuance of Certificates of Supplementary Protection (CSPs).

This chart compare key aspects of the two regimes, Canada's and the EU's.

Articles

Artificially Yours - Who Owns Rights in AI-Generated Art?

By Lauren Gregory Leipold

The Copyright Office recently declared that it will not grant protection over AI-generated works, upholding its longstanding rule that non-human authors cannot own copyright. At the same time, the Office is well aware that AI technology is changing everything. This Resource from Seyfarth explores some of the recent developments in AI generated art.

Articles

Regulation of AI – the Path Ahead

By Patrick Muffo

How will governments across the globe respond to this pivotal technology? And for the United States, how will our government respond? This resource from Seyfarth dives into these questions.

Articles

10 Outside Counsel Guideline Practices for Strong Operational Relationships

By Brenda Hansen, Sr. Legal Operations Consultant, Epiq Legal Business Advisory

For in-house legal departments, relationships with Outside Counsel are integral to overall management of matters and outcomes. A solid relationship creates synergy and partnership; a dysfunctional one creates frustration and typically increases costs. One of the most common tools to enhance client/firm relationships is setting effective Outside Counsel Guidelines (OCGs). Read this article written by Brenda Hansen, Sr. Legal Operations Consultant, Epiq Legal Business Advisory, for tips on drafting effective and impactful Outside Counsel Guidelines.

Articles

And Texas Makes Ten? – Texas Legislature Sends Comprehensive Consumer Data Privacy Law to Governor’s Desk

By Jessica Engler, partner at Kean Miller

On May 10, 2023, the Texas State Senate passed the Texas Data Privacy and Security Act (“TDPSA”), sending the bill to Governor’s desk for final signature. If signed into law, Texas will join a growing contingency of states enforcing comprehensive data privacy laws for their residents. This article provides answers to some general questions about the TDPSA as it is currently written.

Articles

Sustainability-Linked Bond Issuers Miss Sustainability Targets: 10 Takeaways

By Betty M. Huber, Giulia Franzoso, Edward R. Kempson, Karmpreet (Preeti) Grewal, Roberto L. Reyes Gaskin, Peter Neuböck

While issuers continue to commit to sustainability/ESG objectives, for the first time since sustainability-linked bonds (SLBs) emerged, certain SLB issuers missed their sustainability targets in 2022 and early 2023. Further, market participants have recently expressed concerns about other SLB issuers in danger of not hitting their SPTs and, in general, about the credibility of SLBs in light of issuer ambitions and incentives to achieve sustainability targets. Issuers should consider the ambitiousness of their sustainability targets, any challenges in achieving the targets on schedule, and how they will prove their progress. In this resource, Latham & Watkins provides 10 takeaways relating to these developments for potential SLB issuers and their underwriters.

Articles

ESG Initiatives Face Increased Pressure From Potential Antitrust Challenges

By Lawrence E. Buterman, Paul A. Davies, Kelly Fayne, Sarah E. Fortt, Joshua N. Holian, Betty M. Huber, Charlie Beller, Rebecca Frumento, Austin J. Pierce

A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. In this Client Alert, Latham & Watkins attorneys review the major enforcer and congressional statements over the past year that have raised antitrust and competition concerns with ESG initiatives; analyze how the AG Letter reflects a refinement of theories of harm under state and federal competition laws; and provide guidance to entities implementing ESG policies on how to minimize legal risks.

Articles

Key Considerations for Hospital-Physician Joint Venture Ambulatory Surgery Centers

By Adria Warren, Foley & Lardner LLP

This article highlights key considerations for hospitals in evaluating, developing, and implementing an ASC transaction, with a focus on fraud and abuse considerations related to investing alongside physicians. It also highlights the type of regulatory analysis that providers and others contemplating transactions involving health care entities must consider and address.

Articles

The US Debt Ceiling: What In-house Counsel Need to Know

If the US national debt reaches the limit set by the US Congress, a question would arise whether there is a risk that the United States might default on its obligations. With this curated selection of resources, learn about the implications in terms of disclosures for public companies, the impact on government contractors, and other issues.