News archive

Enforceability of smart contracts in Malaysia

Around the world, companies such as Walmart require food suppliers to use blockchain and smart contracts to ensure food safety, and other companies such as Nestlé and Unilever are doing the same. Smart contracts are also being experimented with by insurance companies to process claims’ pay-outs in a more efficient manner. In the burgeoning space of fintech and digital assets, and in view of the recent boom in smart contract-based transactions featuring Non-Fungible Tokens, it is not uncommon to wonder as to whether ‘smart contracts’ are in fact legally enforceable as traditional contracts. This article seeks to outline the nature of smart contracts and the general viewpoint on whether they are enforceable, from the perspective of Malaysian contract and electronic commerce laws. https://lnkd.in/gid9KeSd

Share purchase agreement

This is the second of a three-part series on joint ventures, shareholder rights, and acquisitions. This instalment is a brief commentary on selected legal aspects on the Share Purchase Agreement or SPA – https://lnkd.in/gynuxdEE

Data integrity

In today’s digital economy, the significance of managing personal data with precision and integrity cannot be overstated. The repercussions of erroneous data disclosure can extend far beyond mere administrative oversights, potentially risking serious harm to data subjects’ livelihoods. For instance, inaccuracies in data shared by credit reporting agencies with financial institutions could dramatically alter a data subject’s financial trajectory. Read more: https://lnkd.in/eSTZ-Ure

Trademark talk

Dunnington, Bartholow & Miller LLP Trademark Practice Group chair Olivera Medenica CIPP/US, CIPMaddresses the basics in part five of her Trademark Talk series: https://lnkd.in/g_B34PGS  Many thanks

International business: which law applies?

In previous blogs, we explained what you can do when a collaboration breaks down and what the options are to continue or stop with the party in question. But how does that work in cross-border collaborations? How do you know which rules apply to you and still have the same options? Our colleague Martijn van de Zand explains. https://kennis.bierman.nl/blog/internationaal-ondernemen-welk-recht-is-van-toepassing

Trademark Talk

Dunnington Trademark Practice Group chair Olivera Medenica addresses trademark basics in Trademark Talkhttps://dunnington.com/trademarktalk-whatisatrademark/

Joint Venture Series: Shareholders Agreement (Ordinary Shares), Constitutional Rights (Preference Shares)

The objective of a founding or investing in a business is to exit with profit. Outside trading on the stock exchange, it is key to ensure your Shareholders Agreement (in the case of Ordinary Shares) and/or Constitutional rights (in the case of Preference Shares) guarantee your right to profit. Where the court system is efficient and corruption-free, where a duly signed the Shareholders Agreement and Constitutional rights will be enforced in a court of law, the certainty of result of litigation and hazard of being awarded costs against you, will discourage parties from protracted litigation in favour of settlement. [Read more: https://lnkd.in/gV8zuTr4]

Sport Law

The arena of sports broadcasting has seen a remarkable transformation, marked by the escalating costs involved in the acquisition of sports rights. Following the recent announcement of Malaysia’s Budget 2024, the Malaysian government has committed substantial funds to the nation’s sports and esports industries, garnering significant interest from sports enthusiasts, athletes, and key industry players. It is an opportune time to examine the factors contributing to the surging cost of sports rights and to explore various scenarios across diverse sports. Read more: https://lnkd.in/gR6ydZy3

AI’s Impact on Employment Regulations

In today’s rapidly evolving workplace landscape, modern employers are embracing AI tools for recruitment and employee management, a phenomenon known as ‘algorithmic management’.📈 However, it’s crucial to recognise that current employment laws in England and Wales may not have foreseen the challenges posed by generative AI and large language models like ChatGPT. Are you equipped to navigate the unique regulatory hurdles in this digital age? Stay tuned over the few weeks as we delve into the intricacies of AI in the workplace and explore how it intersects with employment law. You can also read our latest update here ➡ https://lnkd.in/eHcs2kak

Cyberattacks

Cyberattacks such as hacking and Distributed Denial of Service (DDoS) attacks are on the rise globally, and Malaysia is not immune. With the widespread and crucial use of technology across industries like business, healthcare, and finance in Malaysia, the risk of cybercrimes has also increased significantly.These attacks pose a major threat to individuals, businesses, and governments; therefore it is crucial to understand the laws surrounding them. This article will discuss the key laws that exist in Malaysia in relation to these criminal activities. https://lnkd.in/geMH65Tc

More info?

You might be interested in our newsletter