Conducting Business – No Censor http://nocensor.org/ Tue, 09 Aug 2022 18:59:52 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://nocensor.org/wp-content/uploads/2021/05/default1.png Conducting Business – No Censor http://nocensor.org/ 32 32 Ninth Circuit Recognizes “Catch-All” Jurisdiction Over Foreign-Based Intellectual Property Infringers – Copyright https://nocensor.org/ninth-circuit-recognizes-catch-all-jurisdiction-over-foreign-based-intellectual-property-infringers-copyright/ Tue, 09 Aug 2022 18:19:41 +0000 https://nocensor.org/ninth-circuit-recognizes-catch-all-jurisdiction-over-foreign-based-intellectual-property-infringers-copyright/ To print this article, all you need to do is be registered or log in to Mondaq.com. In a decision that continues the courts’ trend to recognize broad jurisdiction over persons and entities involved in intellectual property infringement via the Internet, the United States Court of Appeals for the Ninth Circuit reversed and remanded for […]]]>

To print this article, all you need to do is be registered or log in to Mondaq.com.

In a decision that continues the courts’ trend to recognize broad jurisdiction over persons and entities involved in intellectual property infringement via the Internet, the United States Court of Appeals for the Ninth Circuit reversed and remanded for a new trial a judgment of the United States District Court for the Central District of California dismissing plaintiff’s claims for lack of personal jurisdiction.

Lang Van, Inc. v. VNG Corporation involved the issue of whether invoking jurisdiction over a foreign entity without a physical presence in the United States was consistent with due process. VNG, a Vietnam-based company, operates a website that allows copyrighted music to be downloaded worldwide, including the United States. Lang Van, a California-based Vietnamese music producer and distributor, filed a copyright infringement lawsuit against VNG in the Central District of California.

In 2014, the district court granted VNG’s motion to dismiss for lack of personal jurisdiction. However, in a 2016 ruling, the Ninth Circuit reversed and returned the dismissal with instructions to allow Lang Van to undertake jurisdictional discovery. Following the finding of jurisdiction, the district court again dismissed the case, finding no specific personal jurisdiction over VNG in California. The district court did not respond to Lang Van’s argument that personal jurisdiction was appropriate under the “catch-all” provision of Rule 4(k)(2) of the Federal Rules of Civil Procedure, and Lang Van appealed the rejection.

Rule 4(k)(2) applies to situations where no individual court has general jurisdiction over a foreign defendant, but the defendant’s contacts with the United States as a whole are sufficient to justify jurisdiction. To establish personal jurisdiction under Rule 4(k)(2), three prongs must be satisfied: (1) the claim must arise under federal law, (2) the foreign entity must not be subject to general jurisdiction throughout the United States, and (3) Defendant must willfully exercise the privileges of doing business in the United States. The third prong encompasses several notions related to due process, including that the claim arises from U.S.-related activities, that the assertion of jurisdiction is consistent with notions of fair play and substantial justice, and that the defendant has created the necessary contacts with the State forum. In cases alleging copyright infringement, intentional direction is indicated when the defendant commits an intentional act that targets the forum and causes harm that the defendant knew would occur.

In considering the second rejection, the Ninth Circuit found that the first and second prongs of Rule 4(k)(2) were met because copyright infringement is subject to federal law and VNG n is subject to general jurisdiction anywhere in the United States. Therefore, the decision rested on the due process analysis.

In conducting this analysis, the Ninth Circuit determined that it must consider the sum total of VNG’s business contacts even though those contacts, taken individually, would be insufficient to subject VNG to jurisdiction.

Applying this approach, the court found that VNG deliberately targeted US companies and their intellectual property. Additionally, VNG took a number of actions that the court found were consistent with targeting the United States as a whole, including releasing a music app that allowed consumers to download copyrighted material. author, in English, in the US market, where it has been downloaded over 320,000 times. The Ninth Circuit noted that VNG chose not to “geo-block” (restrict access) to consumers outside of Vietnam, except for music from certain companies. The court also found it relevant that VNG distributed the app on platforms such as Google Play Store and Apple App Store. Finally, the court detailed VNG’s extensive business relationships with companies in the United States, including Sony Music and Universal Music, and even a previous course of negotiations with Lang Van.

The Lang Van decision follows a recent trend in favor of jurisdiction over persons or entities using the Internet to provide services to persons in the United States. In UMG et al. v. Kurbanov, the Fourth Circuit found that the federal courts in Virginia had specific jurisdiction over the operator of two Russian “feed rumination” websites that attracted more than 500,000 users from Virginia over a one-year period. Although the holistic analysis performed by the Fourth Circuit was similar, the Kurbanov court did not need to reach Rule 4(k)(2) because it concluded that the defendant’s contacts with Virginia were sufficient. .

These rulings suggest that victims of online copyright infringement and other Internet crimes such as trademark infringement and cybersquatting may have the opportunity to seek remedies in federal courts even when the primary business interests of the tortfeasor are not directed to the United States.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

POPULAR ARTICLES ON: United States Intellectual Property

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The Qatar Chamber of Commerce will publish a “Guide to Economic and Business Activities in Qatar” https://nocensor.org/the-qatar-chamber-of-commerce-will-publish-a-guide-to-economic-and-business-activities-in-qatar/ Sun, 07 Aug 2022 15:56:00 +0000 https://nocensor.org/the-qatar-chamber-of-commerce-will-publish-a-guide-to-economic-and-business-activities-in-qatar/ The Qatar Chamber of Commerce has announced its intention to publish a guide to economic and business activities in Qatar. This decision coincides with the organization of the 2022 FIFA World Cup, which is expected to attract hundreds of thousands of visitors and fans. In a statement on Sunday, the chamber said the guide aims […]]]>

The Qatar Chamber of Commerce has announced its intention to publish a guide to economic and business activities in Qatar. This decision coincides with the organization of the 2022 FIFA World Cup, which is expected to attract hundreds of thousands of visitors and fans.

In a statement on Sunday, the chamber said the guide aims to highlight the overall renaissance Qatar has witnessed and promote the Qatari economy and the country’s investment climate to shed light on business activities. and industries in its various sectors.
Qatar Chamber Director General Saleh bin Hamad al-Sharqi underlined the chamber’s keenness to promote Qatar’s economy and investment climate during the World Cup and beyond. He noted that it was a “brilliant opportunity” to showcase the Qatari economy, along with its benefits and incentives to invest in Qatar.
Al-Sharqi also said the guide highlights Qatar’s attractive investment environment and solidifies its position as an international business and investment hub, saying it covers all trade and economic activities in the country. country and provides all the data on doing business in Qatar, as well as the incentives offered by the state to investors.
The guide will be published in Arabic and English and will be distributed to ministries, embassies, diplomatic missions in Qatar and Qatari embassies abroad, as well as local and international fairs and forums. It is also freely available for businesses.
In addition, the guide will be published on the chamber’s website to facilitate access for investors and business people wishing to learn more about Qatar’s economy and investment climate, as well as its economic and commercial activities.

Last update: 07 August 2022 20:44

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$1 Billion Savings Goal: UP Government Appoints Deloitte Consultant and Signs Memorandum of Understanding https://nocensor.org/1-billion-savings-goal-up-government-appoints-deloitte-consultant-and-signs-memorandum-of-understanding/ Sat, 06 Aug 2022 01:31:00 +0000 https://nocensor.org/1-billion-savings-goal-up-government-appoints-deloitte-consultant-and-signs-memorandum-of-understanding/ The Uttar Pradesh government on Friday signed a memorandum of understanding with Deloitte India, appointing it as a consultant to achieve the goal of growing the state’s economy to $1 trillion. The MoU between the consultancy agency and the government was signed in the presence of Chief Minister Yogi Adityanath here, […]]]>


The Uttar Pradesh government on Friday signed a memorandum of understanding with Deloitte India, appointing it as a consultant to achieve the goal of growing the state’s economy to $1 trillion.

The MoU between the consultancy agency and the government was signed in the presence of Chief Minister Yogi Adityanath here, according to an official statement posted here.

The government of Uttar Pradesh has entrusted Deloitte India with great responsibility for the prosperity of the country’s most populous state, he said.

The government of Uttar Pradesh decided on July 19 to appoint Deloitte India as a consultant. The decision was taken on the recommendation of a high-level committee at a cabinet meeting chaired by Adityanath.

Speaking on the occasion, Adityanath said, “The time has come for Uttar Pradesh and by fully harnessing its potential, the state will become the most important foundation for the multidimensional development of the country.”

By 2027, Uttar Pradesh will become a benchmark of sabka saath, sabka vikas politics with a trillion dollar economy, the CM has said.

Adityanath said that within the next 90 days, Deloitte India is expected to present a future course of action with thorough deliberation after conducting a sector study.

The action plan will be reviewed by a high level committee chaired by the Secretary General. It will also be examined by a group of ministers.

(Only the title and image of this report may have been edited by Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

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Leidos to acquire the special missions business of Cobham Aviation Services Australia https://nocensor.org/leidos-to-acquire-the-special-missions-business-of-cobham-aviation-services-australia/ Tue, 02 Aug 2022 10:30:00 +0000 https://nocensor.org/leidos-to-acquire-the-special-missions-business-of-cobham-aviation-services-australia/ Transaction will bring aerial surveillance and search and rescue missions to Leidos Australia’s portfolio Melbourne, Australiaand RESTON, Go., August 2, 2022 /PRNewswire/ — Leidos (NYSE: LDOS), a FORTUNE® 500 science and technology leader, announced that it has entered into a definitive agreement with Cobham Limited to acquire the special missions business of Cobham Aviation Services […]]]>

Transaction will bring aerial surveillance and search and rescue missions to Leidos Australia’s portfolio

Melbourne, Australiaand RESTON, Go., August 2, 2022 /PRNewswire/ — Leidos (NYSE: LDOS), a FORTUNE® 500 science and technology leader, announced that it has entered into a definitive agreement with Cobham Limited to acquire the special missions business of Cobham Aviation Services Australia. The Special Mission activity provides airborne border surveillance and search and rescue services to the Australian Federal Government. The acquisition is subject to customary closing conditions, including regulatory approvals.

Cobham’s The Special Mission team conducts critical operations that protect australia borders, support law enforcement and environmental protection, and save lives,” said Leidos Chairman and CEO. Roger Krone. “The integration of Special Mission into Leidos Australia will expand the reach of our global airborne ISR capabilities, diversify revenue and open up new avenues for growth.”

“I have the greatest respect and admiration for Cobham’s the special mission team and their performance in government service,” said the chief executive of Leidos Australia Paul Chase. “Adding the Special Mission business will bring new and expanded services to our offerings across Australia. I look forward to working with this outstanding team.”

“It’s a perfect match,” said the president of Cobham Aviation Services Kim Gillis. “Leidos has remarkably complementary operations to the Cobham Special Mission in Airborne ISR, as well as deep expertise in platform integration, and both organizations maintain exceptional track records in delivering critical services to the mission to government and defense customers.”

“I want to acknowledge and thank the entire Special Mission team for their continued dedication and commitment to delivering operational results for our customers,” said Special Mission’s General Manager. James Woodham said. “I’m really excited about what the future holds for the team at Leidos.”

Cobham Special Mission owns and operates 14 aircraft modified to provide essential services across Australiaincluding:

  • Conduct one of the largest outsourced civilian maritime surveillance operations in the world under contract to the Australian Border Force, patrolling australia 8.2 million square kilometers of exclusive economic zone;
  • Provide fixed-wing search and rescue response capability on land and sea on behalf of the Australian Maritime Safety Authority (AMSA); and
  • Operation of a highly specialized mission crew training system for over 30 mission crews per year.

About Leidos

Leidos is a Fortune 500® technology, engineering, and scientific solutions and services leader working to solve the world’s toughest challenges in the defense, intelligence, civilian, and healthcare markets. The company’s 43,000 employees support vital missions for government and commercial customers. Based at Reston, VirginiaLeidos recorded annual revenues of approximately $13.7 billion for the year ended December 31, 2021. For more information, visit www.Leidos.com.

Cautions Regarding Forward-Looking Statements

This press release contains certain forward-looking statements within the meaning of the “safe harbor” provisions of the United States Private Securities Litigation Reform Act of 1995 relating to Leidos’ proposed acquisition of Cobham Aviation Services Australia, including statements regarding the benefits of the transaction. , the expected timing of the transaction and each company’s products and markets. These forward-looking statements are generally identified by the words “believe”, “project”, “predict”, “budget”, “expect”, “continue”, “expect”, “anticipate”, “estimate”, “have intention, “strategy”, “future”, “opportunity”, “plan”, “may”, “could”, “should”, “will”, “would”, “will”, “will continue”, “will probably result” and similar phrases (or negative versions of such words or phrases).

Forward-looking statements are predictions, projections and other statements about future events that are based on current expectations and assumptions and, therefore, are subject to risks and uncertainties. Many factors could cause actual future events to differ materially from the forward-looking statements contained in this release, including, but not limited to: (i) the risk that the transaction will not close in a timely manner or not any, (ii) the failure to satisfy the conditions to complete the transaction, including obtaining certain governmental and regulatory approvals, (iii) the occurrence of any event, change or other circumstance that could lead to the termination of the Merger Agreement, (iv) the effect of the announcement or expectation of the transaction on the business relationships, results of operations and business of Cobham Aviation Services Australia generally, (v) the risks that the proposed transaction disrupts the current plans and operations of Leidos or Cobham Aviation Services Australia and potential difficulties for Cobham to retain Aviation Services Australia employees at the following the transaction, (vi) the risks of diverting the attention of Cob’s management from Ham Aviation Services Australia’s ongoing business activities, (vii) the outcome of any legal proceedings that may be brought against Leidos or against Cobham Aviation Services Australia with respect to the merger agreement or transaction, (viii) Leidos’ ability to successfully integrate Cobham Aviation Services Australia, product lines and technology, and (ix) Leidos’ ability to implement implement its plans, forecasts and other expectations for the business of Cobham Aviation Services Australia following completion of the proposed acquisition and to realize additional opportunities for growth and innovation.

Additionally, please refer to the documents Leidos files with the SEC on Forms 10-K, 10-Q, and 8-K. These filings identify and address other important risks and uncertainties that could cause events and results to differ materially from those contained in the forward-looking statements set forth in this press release. Forward-looking statements speak only as of the date they are made. Readers are cautioned not to place undue reliance on any forward-looking statements, and Leidos undertakes no obligation and does not intend to update or revise any such forward-looking statements, whether as a result of new information, future events or otherwise.

Contact:

Melissa Duenas
(571) 526-6850
[email protected]

Thomas Doheny
(571) 474-4735
[email protected]

Brandon VerVelde
(571) 526-6257
[email protected]

SOURCELeidos

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Commuter satisfaction survey on various parameters will start on Monday: DMRC https://nocensor.org/commuter-satisfaction-survey-on-various-parameters-will-start-on-monday-dmrc/ Sun, 31 Jul 2022 18:11:00 +0000 https://nocensor.org/commuter-satisfaction-survey-on-various-parameters-will-start-on-monday-dmrc/ Delhi Metro commuters can participate in an online survey conducted by the city carrier from Monday on various metrics including availability, accessibility and safety, officials said. Delhi Metro will hold the eighth edition of the online customer satisfaction survey from August 1 to 28, they announced on Sunday. “The main purpose of the survey […]]]>

Delhi Metro commuters can participate in an online survey conducted by the city carrier from Monday on various metrics including availability, accessibility and safety, officials said.

Delhi Metro will hold the eighth edition of the online customer satisfaction survey from August 1 to 28, they announced on Sunday.

“The main purpose of the survey is to gather feedback from commuters on various components of the metro’s services and facilities.

“Detailed feedback will be elicited from participating commuters on individual topics with a comprehensive questionnaire. The survey will also seek suggestions for improvements, if any,” the Delhi Metro Rail Corporation (DMTC) said in a statement.

Commuters who wish to participate in the survey can visit the official website of the DMRC and submit it online by clicking on the relevant links.

The survey form will be available in English and Hindi.

Users will be able to give their opinion on all the important aspects of the metro’s operation, such as availability and accessibility, information, facilities offered to customers, quality of service, customer service, the exterior of the metro area, security, safety, security and comfort, the DMRC said.

“Survey links for one topic will be available on the DMRC website for four days for participants to complete. After four days, the next topic will be made available for comment. As the survey consists of seven topics, the investigation will be completed in 28 days,” the statement said.

Delhi Metro is conducting this survey to find out what passengers think of its services. The findings will help assess and make necessary improvements in various components of Delhi Metro’s facilities and services based on the feedback received, officials said.

At present, DMRC manages the operation and maintenance of a network of over 390 km comprising 286 stations, including the Rapid Metro in Gurugram and the Aqua Line in Greater Noida. It is ranked among the largest metro networks in the world.

(Only the title and image of this report may have been edited by Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

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ESG directors get exclusion of West Virginia companies https://nocensor.org/esg-directors-get-exclusion-of-west-virginia-companies/ Fri, 29 Jul 2022 18:20:52 +0000 https://nocensor.org/esg-directors-get-exclusion-of-west-virginia-companies/ Related practices and jurisdictions Yesterday, West Virginia’s state treasurer strictly banned his state from doing business with five major financial institutions because, according to him, “[e]each financial institution. . . issued written environmental or social policies categorically limiting business relationships with energy companies engaged in certain coal mining, extraction, or use activities. . . . […]]]>

Yesterday, West Virginia’s state treasurer strictly banned his state from doing business with five major financial institutions because, according to him, “[e]each financial institution. . . issued written environmental or social policies categorically limiting business relationships with energy companies engaged in certain coal mining, extraction, or use activities. . . . These policies explicitly limit business engagement with an entire energy sector based on subjective environmental and social policies.”

This West Virginia action is not surprising; the West Virginia Legislature had enacted a law at his request authorizing this type of boycott, and his office had sent letters about six weeks ago to six financial institutions asking for an explanation of why they should not be prevented to do business with the State of West Virginia. (Although six institutions were originally targeted, one – US Bancorp – was removed from the list because it “demonstrated to the Treasurer that it has eliminated policies against funding coal mining activities , Coal Power, and Pipeline Construction of its Environmental and Social Risk Management Program. Policy.”) That said, this action is the first time a state has officially announced the end of its relationship with financial institutions based on corporate support for policies aimed at combating climate change.

It’s likely that this action by West Virginia is just the first salvo in a growing cascade of efforts by red states – including major fossil fuel producers, such as Texas and Oklahoma, who have already have the legal power to do so – to penalize large corporations that make efforts to divest from the fossil fuel industry (especially coal production). Several Republican-led states have championed such efforts, including Florida, where Governor DeSantis recently proposed banning financial firms managing state pension funds from considering environmental factors when making investment decisions. ‘investment. These policy efforts could ultimately lead to a bifurcation of the market between companies willing to adopt environmentally conscious principles and those that deliberately market themselves by refusing to do so.

West Virginia State Treasurer Riley Moore announced today that he has released West Virginia’s first list of restricted financial institutions, deeming five financial institutions ineligible for state banking contracts.

Treasurer Moore has determined that BlackRock Inc., Goldman Sachs Group Inc., JPMorgan Chase & Co., Morgan Stanley and Wells Fargo & Co. are engaged in boycotts of fossil fuel companies, according to a new state law , and are no longer eligible to enter into state banking contracts with his office.

https://wvtreasury.com/About-The-Office/Press-Releases/ID/452/

©1994-2022 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC All rights reserved.National Law Review, Volume XII, Number 210

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NIST Releases Draft Cybersecurity Resource Guide on HIPAA Security Rule Implementation | Foley & Lardner LLP https://nocensor.org/nist-releases-draft-cybersecurity-resource-guide-on-hipaa-security-rule-implementation-foley-lardner-llp/ Wed, 27 Jul 2022 22:46:55 +0000 https://nocensor.org/nist-releases-draft-cybersecurity-resource-guide-on-hipaa-security-rule-implementation-foley-lardner-llp/ The National Institute of Standards and Technology (NIST) has released an early draft of the Health Insurance Portability and Accountability Act (HIPAA) Security Rule: A Cybersecurity Resource Guide (Resource Guide ) for public comment. With this resource guide, NIST seeks to help HIPAA Regulated Entities – Covered Entities and Business Associates – understand and implement […]]]>

The National Institute of Standards and Technology (NIST) has released an early draft of the Health Insurance Portability and Accountability Act (HIPAA) Security Rule: A Cybersecurity Resource Guide (Resource Guide ) for public comment. With this resource guide, NIST seeks to help HIPAA Regulated Entities – Covered Entities and Business Associates – understand and implement the HIPAA Security Rule and provides guidance on conducting the required periodic risk assessment. Notably, the Resource Guide is an update to NIST’s 2008 publication on implementing the HIPAA security rule.

The resource guide includes a brief overview of the HIPAA security rule, provides guidance on risk assessment and management for electronic protected health information (ePHI), identifies typical activities a regulated entity might consider implement as part of an information security program, and includes additional information resources that regulated entities may find helpful in implementing the security rule, such as a cross-reference between the rule standards of HIPAA security and the NIST cybersecurity framework.

Below is an overview of the content covered by the resource guide:

Considerations when applying the HIPAA security rule

Perhaps most useful is that NIST has broken down each HIPAA security rule standard into key activities that a regulated entity may consider implementing, adding a detailed description and providing sample questions that a regulated entity regulated could arise to help implement the safety rule. . For example, for the standard assigned security responsibility: “Identify the security officer who is responsible for developing and implementing the policies and procedures required by this subpart for the covered entity or associate commercial.”1 NIST provides examples of questions such as:

  1. Who in the organization is responsible for overseeing security policies, conducting risk assessment and management, managing the results of periodic security assessments and ongoing monitoring, and directing IT security purchases and investments?
  2. Does the security manager have adequate access and communication with senior management in the organization?
  3. Who in the organization is authorized to accept system risk on behalf of the organization?

These detailed guidance for each HIPAA security rule standard will be useful for regulatees who are struggling to adopt it with only the language of the HIPAA security rule and guidance from the Office for Civil Rights (OCR) at this point. topic. The resource guide should provide more practical considerations for regulated entities operating in today’s complex cybersecurity environment.

Risk Assessment Guidelines

The Risk Assessment Guidelines section of the Resource Guide provides a methodology for conducting a risk assessment. HIPAA security rules require that all regulated entities”[c]perform an accurate and thorough assessment of potential risks and vulnerabilities to the confidentiality, integrity and availability of electronic protected health information held by the Covered Entity or Business Associate” then “[i]implement sufficient security measures to reduce risks and vulnerabilities to a reasonable and appropriate level.”2 This is called the risk analysis (often referred to as the risk assessment) and the risk management plan, respectively. The results of the risk assessment should enable regulated entities to identify appropriate security controls to reduce risk to ePHI. The OCR does not prescribe any particular risk assessment or risk management methodology, but has provided guidance such as the Risk Analysis Guide and the Security Risk Assessment Tool in the past.

NIST’s advice in this area is similar to previous OCR advice:

  1. Prepare for the assessment. Before beginning the risk assessment, understand where ePHI is created, received, stored, processed, or transmitted. This should include all parties and systems to which ePHI is transmitted, including remote workers, external service providers, and medical devices that process ePHI.
  2. Identify realistic threats. Identify potential threat events and sources, including (but not limited to) ransomware, insider threats, phishing, environmental threats (eg, power failure), and natural threats (eg, a flood).
  3. Identify potential vulnerabilities and predisposing conditions. Identify vulnerabilities or conditions that can be exploited for the threats identified in step 2 to have an impact.
  4. Determine the likelihood of a threat exploiting a vulnerability. For each threat identified in Step 2, determine the likelihood of a threat exploiting a vulnerability. A low, moderate or high risk scale is commonly used but is not required.
  5. Determine the impact of a threat exploiting a vulnerability. The regulated entity must select an impact rating for each threat/vulnerability pair identified and may consider how the threat event may affect the loss or degradation of the confidentiality, integrity and/or availability of ePHI . Examples of impacts would include an inability to perform business functions, financial loss and reputational damage. Again, a low, moderate or high risk scale is commonly used but not required.
  6. Determine the level of risk. The level of risk is determined by analyzing the overall likelihood of the threat occurring (step 4) and the resulting impact (step 5). A risk level matrix can be useful in determining risk levels for each threat/vulnerability event pair.
  7. Document the results.

Similar to previous OCR guidelines, NIST reminds regulated entities that risk assessment is an ongoing activity, not a one-time, static task, and should be “updated periodically so that risks are properly identified, documented, and managed. afterwards”. .”

Failure to have a thorough and up-to-date risk assessment is one of the major failures documented by OCR in resolution agreements with regulated entities. Therefore, regulated entities should take this opportunity to determine when their last risk assessment was performed, ensure that the risk assessment adheres to previous OCR guidance, and also consider NIST guidance in this resource guide.

Risk Management Guidelines

NIST says the risk management guidelines introduce a “structured, flexible, extensible, and repeatable process” that regulated entities can use to manage identified risks and provide risk-based protection of ePHI. The regulated entity will need to determine which risk rating presents an unacceptable level of risk to the ePHI, given the regulated entity’s risk tolerance and appetite. Ultimately, the regulated entity’s risk assessment processes should inform its decisions regarding the implementation of sufficient security measures to reduce the risks to ePHI to levels consistent with the organizational risk tolerance.

Conclusion

The resource guide is still in draft form, with NIST continuing to accept public feedback on the guide’s usefulness and possible improvements through September 21, 2022.

[View source.]

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Review: Renewable Energy Policy and Regulation in Poland https://nocensor.org/review-renewable-energy-policy-and-regulation-in-poland/ Tue, 26 Jul 2022 08:04:12 +0000 https://nocensor.org/review-renewable-energy-policy-and-regulation-in-poland/ An excerpt from The Renewable Energy Law Review, 5th Edition The policy and regulatory framework i The political context Renewable energy policy has been a key part of the most essential policy documents in Poland. One of them, Poland’s energy policy until 2040, stipulates the government’s plans for the development of the energy market. As […]]]>

An excerpt from The Renewable Energy Law Review, 5th Edition

The policy and regulatory framework

i The political context

Renewable energy policy has been a key part of the most essential policy documents in Poland. One of them, Poland’s energy policy until 2040, stipulates the government’s plans for the development of the energy market. As regards renewable energies in 2030, the share of renewable energies in gross final energy consumption must be at least 23% and at least 32% in the electricity sector (mainly wind and photovoltaic). ); 28% heat; and 14% in transport (with a large contribution from electromobility). In another important policy, the National Energy and Climate Plan for 2021-2030, the government declared that Poland would achieve a 21-23% share of renewables in gross final energy consumption. To achieve these goals, grant programs have been put in place for investors in renewable energy.

Over the years, Poland has supported renewable energy sources through a system of tradable certificates of origin (green certificates). Green certificates are transferable property rights that can be received by a producer of electricity from a renewable energy source in which the energy was first produced before July 1, 2016. The aid may be granted for a maximum period of 15 years but not more than until December 31, 2035.

The system of green certificates is gradually being replaced by the new support regime in the form of auctions. Auction winners get the right to settle the negative balance between the applicable auction price and the power exchange price (average market price). The negative or positive balance is settled on a monthly basis upon request submitted by a producer of renewable energy source to the settlement operator (Zarządca Rozliczeń). Auctions for renewable energies are carried out separately within five technological baskets, separately for installations with an installed capacity less than or equal to 1 MW and greater than 1 MW, and separately for electricity produced in:

  1. renewable energy installations commissioned before July 1, 2016;
  2. modernized renewable energy sources installations; and
  3. new renewable energy source installations (i.e. planned installations, which will produce electricity for the first time after the close of the auction session).

In auctions held to date, the majority of support has gone to onshore wind farm projects generating more than 1 MW and PV projects generating up to 1 MW.

According to information from the President of ERA, due to the auctions held in 2020, more than 1.56 GW of photovoltaic installations, nearly 0.93 GW of new wind farms and more than 4 MW of new capacity in other renewable energy technologies could be developed.5 In 2020, almost 75.3 TWh of electricity from renewable energy sources was put up for sale in all auctions, with a total value of more than 27.4 billion zlotys. However, only four out of eight auctions were resolved (the other four were not resolved because a sufficient number of bids were not submitted). Consequently, 54.5 TWh of electricity were sold, for a total value of almost 12.9 billion zlotys.6

As for the auctions in 2021, it should be noted that they took place twice – during the months of May and June, and in December. In May-June, a total of almost 37 TWh of electricity was contracted, worth more than 8.5 billion zlotys.seven In December, a total of almost 14 TWh of electricity was contracted, worth more than 3.2 billion zlotys.8

An alternative to the auction system has been considered for small capacity installations which can be supported by two other systems, namely the feed-in tariff (FiT) and feed-in premium (FiP) systems. The FiP and FiT are dedicated to installations using only the following sources for the production of electricity:

  1. agricultural biogas;
  2. biogas obtained from landfills;
  3. biogas from a wastewater treatment plant;
  4. another biogas other than those specified above;
  5. hydroelectricity; Where
  6. biomass.

Producers of agricultural biogas can also benefit from the support mechanism in the form of certificates of origin of agricultural biogas attesting to its production and its introduction into the gas distribution network, which are issued by the president of ERA. The certificate is granted for 15 years from the date of the first production of agricultural biogas or electricity from agricultural biogas but at the latest until December 31, 2035.

ii The regulatory and consensual framework

The main acts governing specific areas in Poland are laws, which are acts passed by the parliament (i.e. the Sejm and the Senate, which is the upper house of parliament) and signed by the president. As far as the energy sector in Poland is concerned, the general rules are provided for in the Energy Law. The Energy Law defines the rights and obligations of market participants as well as the powers and obligations of administrative authorities (such as the President of ERA). Most importantly, the Energy Law stipulates the rules for conducting business activities in the energy market in Poland by regulating the conditions of connection to the transmission and distribution network as well as regulating the requirements for obtaining the energy licenses necessary for the exercise of a commercial activity (for example, in the production of electricity).

In the case of the renewable energy sector, the main law regulating the rights and obligations of renewable energy investors is the Renewable Energy Sources Act, which describes the previously mentioned subsidy schemes (i.e. green certificates, the auction system and the FiT and FiP systems). Another important law for the renewable energy sector is the recently adopted Wind Farms Act, which defines the framework regulations for offshore wind farms.

Acts of Parliament are not the only source of law governing the energy market in Poland. Technical information is generally governed by secondary legislation, such as regulations, which are issued by government agencies. In the case of renewable energies, the issuing body is generally the Ministry of Climate and Environment or the Minister of Infrastructure.

The energy market in Poland is regulated. Although the President of ERA, as the Polish regulator, does not have the competence to issue binding acts at national level such as statutes or regulations, he shapes the framework for business activities in the energy market. , among other things, by issuing rulings for specific market participants. In these decisions, the President of the ERA is empowered, among other things, to impose financial penalties for violations of the provisions of the energy laws and, above all, to grant licenses to energy companies. In the case of renewable energy sources, the President of ERA is empowered to issue licenses for the production of electrical energy from renewable energy installations, which are issued at the end of the development process of renewable projects. This obligation does not apply to micro and small installations.

During the development of a renewable energy project but before obtaining the production license from the president of ERA, the investor must also obtain many permits necessary for the construction and operation of such a project. . Polish law requires the holding of several permits, the most important decisions of which are as follows:

  1. A local zoning plan or zoning permit, which provides a legal basis for the location of renewable energy projects. With regard to the local zoning plan, the municipal council adopts it in the form of a resolution which covers a set of parcels not necessarily belonging to the same owner and which are not issued for the benefit of a single party. , while zoning permits are issued by the competent authority for the particular recipient. In practice, when there is no local urban plan, investors must obtain zoning permits in order to be able to proceed with the development of the project.
  2. An Environmental Conditions Decision, which determines the environmental conditions of a renewable energy project and approves its Environmental Impact Assessment (EIA). It must be obtained before the zoning permit (if, in the specific case, it is necessary as indicated above) and the building permit.
  3. A building permit, which is a decision authorizing the start of construction work. However, in some cases, the mere notification of construction work is sufficient.
  4. A license of use, which is a decision allowing the use and operation of a renewable energy project. However, in some cases, the mere notification of the end of the construction work is sufficient.

Obtaining the environmental decision is one of the critical steps in the permitting process for renewable energy projects. The environmental decision is issued by the head of the municipality, or the mayor or the president of the city in which the project will be implemented. The procedure for issuing the environmental decision is initiated at the request of the party planning to carry out the project (ie the investor). At the very beginning of the procedure, the competent authority examines the request for the issuance of the environmental decision to assess in which category the project must be qualified (ie with a mandatory EIA or an optional EIA). According to Polish law, there are two groups of projects for which an environmental decision must be obtained:

  1. projects that can still significantly affect the environment (for which it is mandatory to carry out an EIA before making the environmental decision); and
  2. projects likely to affect the environment (for which an EIA is not mandatory but may be required by the authority responsible for issuing the environmental decision).
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Want to vote on raising the minimum wage in California? Judge says not before 2024 | New https://nocensor.org/want-to-vote-on-raising-the-minimum-wage-in-california-judge-says-not-before-2024-new/ Sun, 24 Jul 2022 16:16:21 +0000 https://nocensor.org/want-to-vote-on-raising-the-minimum-wage-in-california-judge-says-not-before-2024-new/ Californians still won’t get a chance to vote on a minimum wage hike in November, after a judge ruled Friday night that the campaign was at fault for missing a key deadline to get the measure on the ballot. vote. Supporters, including investor and anti-poverty advocate Joe Sanberg, went to court to try to force […]]]>

Californians still won’t get a chance to vote on a minimum wage hike in November, after a judge ruled Friday night that the campaign was at fault for missing a key deadline to get the measure on the ballot. vote.

Supporters, including investor and anti-poverty advocate Joe Sanberg, went to court to try to force Secretary of State Shirley Weber’s office to put the initiative on the November ballot. If approved by voters, it would raise the state’s minimum wage to $16 an hour next year and $18 by 2025.

But Sacramento County Superior Court Judge James P. Arguelles ruled that Weber did the right thing by enforcing the June 30 deadline for counties to verify signatures for the November ballot.

The Minimum Wage Campaign argued that Weber’s office confused county election officials because she told them they had until July 13 to complete the count, based on the requirement according to which counties have 30 business days to verify signatures after campaigns have returned their petitions.

Supporters collected 1 million signatures but didn’t turn in their signatures until May, Weber’s office said, delaying them to start the clock. By the June 30 deadline to qualify for the November ballot, several counties had not finished verifying signatures and the campaign failed. Seven other proposals were voted on in November.

The minimum wage measure has since been approved for the November 2024 ballot, after county election offices finished checking enough signatures this month.

Business groups opposed the measure. On Thursday, an attorney representing the California Restaurant Association and the California Business Roundtable wrote to Arguelles opposing the effort to put the measure on the November ballot because it would force them to “hastily begin a campaign against initiative”.

“Our television airwaves are already seeing campaign advertisements for and against initiative measures that have duly qualified for the ballot,” wrote lawyer Thomas Hiltachk. “While the petitioner, using his personal fortune, might be able to launch a campaign, opponents of this initiative will have an impossible challenge before them.”

Arguelles is the same judge who extended the deadline for collecting signatures during the pandemic in 2020 for supporters of Governor Gavin Newsom’s recall by four months, giving them enough time to call last year’s unsuccessful election.

But in this case, Arguelles refused to give the promoters an extra two weeks. In an interim ruling in court, he wrote that minimum wage supporters’ argument that the pandemic has slowed their signature-gathering efforts was “unconvincing.” The judge also agreed with Weber’s office that putting a new initiative on the ballot now would “significantly interfere” with the conduct of the upcoming election.

“It was up to Sanberg (and all others proposing statutory initiatives) to comply with the June 30 deadline if he wished to place the initiative on the November 2022 ballot,” Arguelles wrote. “Sanberg’s failure to do so didn’t somehow shift the burden back to Weber.”

In a statement after the ruling, Sanberg and other supporters slammed the judge’s ruling as a “gross double standard,” saying that while Arguelles “seemed fit to offer right-wing extremists ‘more time’ to recall our governor, he refused to give voters an opportunity to pass a measure that would lift working people out of poverty.”

Supporters called on Weber to voluntarily put the measure on the ballot, asked for Governor Gavin Newsom’s support and promised to go to the Legislature when it resumes on August 1, although it is too late. for lawmakers to put a measure on the November ballot.

“Workers can’t wait another two years for a raise,” they said.

Sanberg announced the proposal campaign last December and has invested $10 million in collecting signatures. He said the campaign had done its best to collect signatures quickly during the pandemic. Last week, he and other supporters filed a lawsuit to force it through this year’s ballot, arguing that a vote in two years would come too late for the measure’s wage hikes to $16 l next year and $17 in 2024 come into effect.

Under an inflation-triggered provision in state law, California’s minimum wage, already the highest in the country, is set to rise in January to $15.50, up from $15 for most businesses and $14 for small employers.

Given that about a third of California’s private sector employees are covered by dozens of local minimum wage ordinances that are higher than those in the state, the measure would result in increases for about five million workers, a found a UC Berkeley economist.

“We’re trying to stave off catastrophic injuries to more than five million Californians here in the form of two years of lost wages,” Sanberg told CalMatters on Thursday. “Over one million Californians have signed the petition. Our goal is to implement the will of the people.

Weber’s office declined to comment on the litigation. In court filings, Weber said it was the campaign’s fault for turning in the signatures too late to give the counties enough time to verify the signatures. “It was their own decision to begin the process of collecting signatures late in the game,” the attorneys in his office wrote.

At issue was what supporters called two “competing” deadlines imposed by Weber’s office for counties to verify signatures.

To qualify a ballot measure for any election, counties have 30 business days to verify signatures after they are submitted. Depending on when minimum wage ballot supporters submitted their petitions, that deadline was July 13, Weber’s office told the counties.

But to do so specifically on the November ballot, the deadline to verify signatures was June 30 – a deadline also listed on the Secretary of State’s public guide for supporters of the ballot measures. To date, too few counties had completed the verification process to place the campaign above the 685,534 signatures needed to qualify. That threshold was reached a week later after more counties returned their signatures.

In his lawsuit, Sanberg accused Weber’s office of confusing county officials by giving them the July 13 deadline, not the June 30 deadline. The campaign this week released a statement from San Mateo County Chief Electoral Officer Mark Church that “there was a misunderstanding about the deadline for validating signatures”.

The campaign was missing more than 77,000 verified signatures by the June 30 deadline, but the secretary of state was missing reports from several major counties, including San Mateo. If a few more counties had verified the signatures in time, the measure would have qualified for this November.

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SMB procurement trends hold despite inflation https://nocensor.org/smb-procurement-trends-hold-despite-inflation/ Fri, 22 Jul 2022 18:08:03 +0000 https://nocensor.org/smb-procurement-trends-hold-despite-inflation/ To be creative Sourcing trends, not surprisingly, vary by organization. A pharmaceutical company has launched a global airline tender for North America and Japan, where previously each region had its own contract. “We decided to take a different approach and strategy and leverage our global footprint on airline spend,” said Danielle Amoroso, Otsuka’s senior corporate […]]]>

To be creative

Sourcing trends, not surprisingly, vary by organization. A pharmaceutical company has launched a global airline tender for North America and Japan, where previously each region had its own contract.

“We decided to take a different approach and strategy and leverage our global footprint on airline spend,” said Danielle Amoroso, Otsuka’s senior corporate travel and spend manager. “We brought all the data together and approached the airlines with that bargaining power behind us versus the bargaining power we had just on behalf of North America. We are in the first round, so I cannot speak about the results yet.

Amoroso also gets “more creative” with negotiation. For example, Otsuka is studying the possibility of paying an airline a pre-determined amount in advance and getting a flat rate on two or three particular routes, with a set period of time to use this prepaid funding basket, said. Amorous.

“We had never looked at this pricing model in the past, not least because as an SME you don’t know if you have the buying power, and you don’t necessarily get the funds back if you don’t use them. not,” she said. said. “No decisions are made there, but we are looking at different models and pricing structures.”

Additionally, Amoroso negotiated a package deal with its TMC just prior to the pandemic, so Otsuka’s dedicated travel agents remained intact, resulting in very few service disruptions in its post-pandemic TMC support. , unlike what some other companies have reported experiencing.

For hotel sourcing, Amoroso is a “big proponent” of dynamic pricing and only considers static pricing in a few key markets, where it might only contract one or two properties. And with dynamic pricing, it wants contracts of two to three years. “There are limited bandwidth and resources to run a tender every year,” she said, adding that those resource costs add up. “You have to calculate the savings made by not doing an annual tender.”

Where she has a roadblock is with a major hotel supplier and its refusal to offer chain-wide deals. “It’s difficult because of employee preferences,” Amoroso said. “To tell them that they can no longer stay [at a particular hotel] or that they have to stay in a property that is not their preference, this does not bode well for recruitment.

In an attempt to overcome this, his strategy is to focus on specific brands within this hospitality company. “I don’t know where we’re going with this conversation, but the more customers ask for this, [the hotel company] going to have to listen,” she said.

For ground transportation, Amoroso renegotiated its corporate contract with its preferred supplier when it saw the price spike in rental cars happening much sooner than hotels and airlines. “We took the time to renegotiate the agreement to maintain our corporate rates, our static rates,” she says. “It was super helpful.” Additionally, because Otsuka’s representatives have fleet vehicles, it has negotiated rates with airport parking vendors.

Yet, like other buyers BTN has spoken to, Amoroso has also requested contract extensions, “to give me another year to recognize our new travel patterns and new footprints,” she said. , “so that I can negotiate accordingly”.

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