Analysis of New CEQ Interim Guidance on Consideration of Greenhouse Gas Emissions and Climate Change under NEPA

15 days ago Lexology

The Council on Environmental Quality (CEQ) recently issued interim guidance titled National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (CEQ-2022-0005). 91-190) environmental regulations for agencies targeted towards reducing greenhouse gas (GHG) emissions and mitigating the impacts of climate change. When President Biden took office, he reversed course and halted all Trump-Pence era regulations, signaling a move towards extensive consideration of GHG emissions and climate change in NEPA reporting. Notably, the guidance does not establish a threshold for when a project's GHG emissions necessitate a lengthier environmental impact statement. The SC-GHG assigns a monetary value to the climate change effects of a project’s and its alternative’s GHG emissions.
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Metaverse-ing Your Sweepstakes?

Sweepstakes and other promotional devices, such as contests and giveaways, are already immensely popular in social media. While many brands already execute sweepstakes (in a compliant and not-so compliant fashion) in social media, it is important for brands to note that the same general legal considerations applicable to sweepstakes, whether conducted in a brick-and-mortar location or on social media, also apply to sweepstakes conducted in the metaverse. A current trend among brands hosting "Like and Tag" sweepstakes in social media is to do away with the AMOE. With that said, when hosting a sweepstakes in the metaverse, brands must still consider whether their promotion has an AMOE. Disclosure of Material InformationIn addition to considering the structure of the sweepstakes, brands must also consider how to disclose material information relating to the sweepstakes (such as the free form of entry and eligibility requirements).

3 months ago Lexology

When Are Compulsory Copyright Licenses Compulsory?

A year later, the defendants began using a third-party licensing agent to obtain compulsory licenses under 17 USC § 115 and negotiated licenses from plaintiff music publishers in the audio and audiovisual live concert recordings. Section 115 of the Copyright Act requires persons seeking to make and distribute phonorecords of a previously published musical work to obtain a compulsory license by providing notice to the copyright owner before distribution and paying government-prescribed royalties. In 2015, the music publishers sued defendants for copyright infringement of 197 musical works posted online without valid compulsory licenses. The music publishers alleged that the defendants did not obtain compulsory licenses for audiovisual works as required by § 115 and that the defendants failed to comply with § 115 substantive compulsory licensing requirements for audio-only works. The district court denied the publishers’ request for an injunction but granted the publishers an award of attorneys’ fees.

3 months ago Lexology

Key considerations for shareholders of private companies in China to protect their information rights

Statutory information rights under article 33Article 33 consists of two paragraphs. These requirements limit the shareholder’s information rights for the purpose of protecting the company’s trade secrets and preventing malicious intervention to the company’s normal business operation. ConclusionArticle 33 sets out the statutory information rights of the shareholders of limited liability companies in China. The Company Law Application Provisions IV supplement article 33 by providing clarifications for a number of issues in relation to the shareholders’ information rights. From the development of this matter in the litigated matters in the recent years, the shareholders have been reassured that the people’s courts aim to protect and support the shareholders’ information rights.

3 months ago Lexology

Take 10 - October 2022

Whilst untested, it seems reasonable to assume that the position would therefore be the same under the UK GDPR. The case provides yet another reminder of the importance of preserving journalistic notes and records both before, and after publication. However, simpler data breach and privacy claims are likely to fall within the remit of the new regime. Channel 4 has announced the cast for its upcoming two-part drama depicting the Wagatha Christie trial, Vardy v Rooney: A Courtroom Drama. Quote of the fortnight:The lettuce won"The Daily Star, 20 October 2022

3 months ago Lexology

Create a buzz without getting stung: 5 tips for marketing during the Rugby League World Cup 2021

This however does not preclude other businesses from making use of the spectacle of the event to boost their own profile. Below we set out five key issues to bear in mind when putting together promotional materials intended to piggy back on the RLWC2021. Know your rightsThe organisers of RLWC2021 have a variety of registered and unregistered rights, the most obvious example being the logo for the event. This is because they will have agreements with official sponsors that grant various types of advertising exclusivity. For example, you may choose to refer to "a rugby league tournament" or similar, rather than use the RLWC2021 rights.

3 months ago Lexology

Financial Services and Markets Bill: where are we now?

Amongst the range of topics that were discussed in our most recent Regulatory Round Up Banking & Finance Academy was the progress of the Financial Services and Markets Bill (the "Bill") following its second reading in Parliament in September 2022. The main objectives of the Bill, as set out by the Treasury, are to:implement the outcomes of the future regulatory framework review;maintain the UK's position as a global financial hub;harness opportunities of innovative technologies in financial services; andpromote financial inclusion and consumer protection. It was accepted that accountability is a fundamental part of the Bill that will need to be dealt with at Committee stage. Buy now pay laterAs set out above, the final objective of the Bill is to promote financial inclusion and consumer protection. Those wishing to submit their views are being advised to do so as soon as possible as the Public Bill Committee will conclude its consideration of the Bill by 3 November 2022.

3 months ago Lexology

Biden Administration Concludes Section 232 Investigation into Imports of NdFeB Magnets but Does Not Impose Tariffs

On September 21, 2022, the U.S. Department of Commerce’s (“Commerce”) Bureau of Industry and Security announced the findings of its investigation into the national security impacts of imports into the U.S. of Neodymium-Iron-Boron Permanent Magnets (“NdFeB magnets”), pursuant to Section 232 of the Trade Expansion Act of 1962 (“Section 232”). NdFeB magnets are used in a wide range of critical and defense uses, including electric vehicles, solar turbines, ship propulsion systems, and guided missile actuators. This was the first Section 232 investigation initiated during the Biden administration, although President Biden previously declined to impose Section 232 tariffs on imports of vanadium pursuant to a Trump administration-initiated investigation that concluded in February 2021. Report Findings and RecommendationsIn its investigative report, Commerce found that imports of NdFeB magnets meet the statutory definition of threatening national security. The report also discussed ongoing efforts by the U.S. government and private sector to invest in the domestic NdFeB magnet supply chain and potential opportunities for growth in demand.

3 months ago Lexology

Impact of the recently approved Belgian federal budget

The Belgian federal government has recently approved the federal budget for 2023 and 2024. It includes several novelties and changes to the Belgian tax landscape. However, these tax assets can only be used to offset EUR1 million of the taxable profit, to be increased by 70% of the taxable profit exceeding EUR1 million. The Belgian federal government has announced its intention to align the personal scope of this tax scheme with the initial rationale of the legislator. This proposed legislative amendment might also affect taxpayers that have obtained a tax ruling on the application of the copyright transfer tax scheme.

3 months ago Lexology

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