On November 29, 2023, a Ninth Circuit panel affirmed the lower court’s decision in Briskin v. Shopify, limiting the court’s jurisdictional reach against e-commerce platforms alleged to have violated privacy and unfair competition laws. In a case of first impression, the court was asked to decide whether defendant Shopify’s data collection and tracking practices exposed it to personal jurisdiction in California. The court decisively held that “hen a company operates a nationally available e-commerce payment platform and is indifferent to the...

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In November, $79.2 million across 10 loans were resolved with $36.4 million in losses total, carrying an average loss severity of 45.92% for the month. This was a decrease in loan loss volume from October where losses totaled $155.6 million. The 12-month average disposed balance moved to $194.0, down from the $209.3 million that was seen last month, while the 12-month moving average loss severity stood at 53.99% in November, slightly up from the 53.21% seen in the prior month. This...

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In 2004, Alberta's Transmission Regulation established the framework for the planning and development of Alberta’s electricity transmission infrastructure. Its intent was to attract new generation, increase competition and serve expected increases in load. The regulation has remained largely unchanged since 2004. Meanwhile, the electricity system has experienced significant changes—in part due to the dramatic increase in the amount of intermittent renewable power generation facilities connecting to the grid. As a result, Alberta has embarked on a consultation process to modernize the...

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EU co-legislators reach agreement on gas market reform This week, Members of the European Parliament and the Spanish Presidency of the Council of the EU reached a provisional deal on the ongoing reform of the EU’s gas market. The main objectives of the new reform are to address climate change and energy security. It aims to help decarbonise the EU by supporting increasing renewable gas and hydrogen production and integrating them into the EU's energy networks. It will also help secure the energy...

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This time last year there was optimism that a 2022 year-end fix would be passed by Congress and Section 174 research capitalization would be deferred or eliminated altogether. Instead, Congress failed to act and tax year 2022 proved to be one of the most challenging for taxpayers subject to Section 174. Aside from the increases to taxable income that plagued taxpayers, the glaring lack of guidance under Section 174’s new capitalization regime made navigating the law change exceedingly difficult. In...

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In this week’s Roar: a new Office of Multimodal Freight Infrastructure, confused shippers in the EU, air operators flying high, a shrinking pool of container boxes, and benchmark diesel prices continue to fall. Cyber Monday brought some upgrades to the Department of Transportation—a new Office of Multimodal Freight Infrastructure and Policy. With $2m in funding for the current fiscal year and a request for $7.3m for the next, the aim is to maintain and improve U.S. supply chains. Announced by...

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Mike Tyson famously quipped, "Everyone has a plan until they get punched in the mouth," highlighting the stark difference between theory and reality. This rings especially true in today's digital battleground, where companies are learning the hard way. The surge in cyberattacks isn't just a fleeting concern; it's a knock-out blow to unprepared systems. According to the Hiscox Cyber Readiness Report, over half of the 5,000+ companies surveyed in 2023 have already felt this punch, facing one or more...

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The past 12 months have seen some interesting developments in several distinct areas of intellectual property law. Among the most important developments were emerging trade mark protection issues for well-known literary characters coming out of copyright. There was also a surge of trade mark litigation regarding the area of copycat advertising and packaging. We look back on some popular insights from our award-winning Intellectual Property team on these developments. Lidl and Tesco Caught in a Vicious Circle One of the biggest developments of...

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Sika acquires a stake of 30% in Concria Oy, a Finnish startup company specializing in highly innovative concrete floors. Concria has developed a new technology for concrete flooring, offering a wide range of advantages to contractors, architects, and property owners. Sika’s global network and complementary product portfolio will provide an attractive growth platform. Concria has developed an excellent technology that represents a novel approach to concrete floor installation and polishing. It includes special dry shake hardeners as well as a...

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