David J. Schrader

⭐🔵 A Good Morning Read: Can Inter-State Claims Save CEAS? In his latest Verfassungsblog post, Lorin-Johannes Wagner, Department of European Law, argues that horizontal state liability might be an avenue to enforce the Common European Asylum System. #weworkfortomorrow #thinkinglaw #unigraz #rewiunigraz #europeanlaw #asylumlaw #asylumsystem

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The Bonn Public Prosecutor’s Office and the Essen customs Investigation Department are investigating the owner of a German car dealership over suspected export violations. The unnamed individual is said to have sold and transported many vehicles to Russia. The value of the goods exported is estimated at over €4m. 2 properties were searched in September 2024 and vehicles and an account were seized. The investigation remains ongoing. #Sanctions #Russia #EUCommission #ExportControl #TradeWar #TSECS #SanctionsUpdate #TurkishSociety #Sanctions #USA #OFAC #BIS #TradeUpdates #GlobalTrade #TradeCompliance #InternationalRelations #EconomicSanctions #TradeRegulations #TurkishExports #TradePolicy #SecurityMatters #ForeignPolicy #ComplianceNews #EconomicSecurity #CrossBorderBusiness

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CIRP Extension Conundrum: Validity of Resolution Plan Approval After Apparent Deadline Background: The NCLT had rejected the appellant's application which sought to declare the 19th CoC meeting and its decisions, including the approval of a resolution plan, as illegal due to the alleged expiration of the CIRP period on 30.06.2023. Key Events: 1. CIRP commenced against the Corporate Debtor on 12.05.2022. 2. On 10.06.2023, the CIRP period was extended for 20 days, ending on 30.06.2023. 3. On 29.06.2023, the CoC resolved to seek a further 30-day extension. 4. On 27.07.2023, the CoC approved a resolution plan by Saboo Tor Pvt. Ltd. 5. On 18.10.2023, the NCLT granted a 30-day extension, excluding the period of pendency of the extension application. Issues: 1. Whether the CoC's approval of the resolution plan on 27.07.2023 was valid, given that it occurred after the apparent expiration of the CIRP period on 30.06.2023. 2. Whether the subsequent NCLT order granting extension on 18.10.2023 could retroactively validate the CoC's actions. Decision: NCLAT dismissed the appeal, upholding the NCLT's order rejecting the appellant's application. Discussion/Observations: 1. The NCLAT noted that the CoC had resolved to seek a 30-day extension on 29.06.2023, and the Resolution Professional filed the corresponding application on 30.06.2023. The NCLT granted this extension on 18.10.2023, specifically excluding "the period of pendency of this application before this Authority." 2. The NCLAT observed that "When the period between 30.06.2023 till 18.10.2023 has been excluded and further extension was granted by 30 days, it cannot be said that approval of the Plan in the CoC meeting dated 27.07.2023 was beyond CIRP period." 3. The NCLAT cited its own judgment in Company Appeal (AT) (Insolvency) No.63 of 2024 – Deepak Sakharam Kulkarani & Anr. Vs. Manoj Kumar Agarwal, RP of D.S. Kulkarni Developers Ltd. & Ors, where a similar situation was addressed. In that case, the NCLAT held that subsequent extension orders could validate CoC actions taken after the apparent CIRP deadline. 4. The NCLAT emphasized that the appellant had previously challenged the CoC's 27.07.2023 decision in IA No.1748 of 2023, which was dismissed by the NCLT. Subsequent appeals to the NCLAT and Supreme Court were also dismissed. Case Name: Indreshwar Singh Paul Vs. M/s. Mohit Chawla & Anr. Case No: Company Appeal (AT) (Insolvency) No.1510 of 2024 Tribunal: NCLAT Principal Bench Judge: [Justice Ashok Bhushan] Chairperson [Barun Mitra] Member (Technical) [Arun Baroka] Member (Technical) Citation: [2024] IBCInsights [230] NCLAT (PB) Date:28.08.2024 #IBC2016 #Insolvency #CorporateLaw #LegalUpdates #IBCUpdates #IBCNews #InsolvencyJudgments #NCLATJudgments #IBCLawyer #CIRP #577

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Conciliation hearings serve as a vital mechanism in Swiss civil proceedings, designed to encourage dispute resolution outside of the courtroom. In this article, Remo Wagner and Simon Hofstetter describe representation in conciliation hearings, touching on personal appearance, representatives and accompanying persons: http://crs.law/H6un50SErAb #DisputeResolution #Disputes #SwissConciliationHearings #Conciliation #CivilProceedings #Representation

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In the latest post on the blog, Areg Navasartian reviews the CJEU's KS and KD judgment, which expands the Court's jurisdiction over CFSP matters when they don't involve political or strategic decisions. The post highlights the challenge of balancing the EU's constitutional framework with CFSP’s special rules, especially in cases involving human rights violations. Read the full post here: https://lnkd.in/ee-_JmT9

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In another setback to Boeing Chief Legal Officer Brett Gerry, a judge on Thursday rejected a plea deal that would have resolved a federal safety probe dating back to the crashes of two 737 Max jetliners that killed 346 people five years ago. Reed O’Connor, a federal judge in Fort Worth, Texas, appointed by President George W. Bush, ruled that DEI policies at the federal government and at Boeing could make race a factor in the selection of the independent monitor to oversee Boeing’s compliance with the plea agreement. "In a case of this magnitude, it is in the utmost interest of justice that the public is confident this monitor selection is done based solely on competency," the judge said in Thursday’s decision. "The parties' DEI efforts only serve to undermine this confidence in the Government and Boeing's ethics and anti-fraud efforts." It's not clear how the Justice Department and Crystal City, Virginia-based Boeing will proceed from here, and they did not immediately respond to a request for comment. The Justice Department could proceed with taking its case to trial, or the parties could seek to revise their deal in ways that might satisfy the judge. Under the agreement, struck in July, Boeing said it would plead guilty to one felony count of conspiring to defraud the federal government, would pay a fine of at least $244 million, spend $455 million to bolster its compliance and safety programs operate and operate under the oversight of a compliance monitor for three years. The pact is the latest fallout from 737 Max crashes—Lion Air Flight 610 in 2018 and Ethiopian Airlines Flight 302 in 2019—that collectively killed 346 people. Full story from Greg Andrews: https://lnkd.in/eZkHJn8J

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▫️ #German Foreign Minister Annalena Baerbock said that the termination of #supportforUkraine's self-defense could lead to an aggravation of the situation not only in #Ukraine but also around the #world. During her speech at the United Nations General Assembly in #NewYork, she emphasized that this would lead to an increase in the number of conflicts. "As long as #putin is unwilling to come to the negotiating table, stopping support for Ukraine will mean depriving Ukrainian hospitals and children of security. This will lead to more wars, possibly in other countries as well," Baerbock said. ▫️ The minister reminded that #russia has rejected international initiatives for negotiations, recalling the case in June when, after an invitation to a #peace summit, putin "sent his response by bombing a children's #hospital." According to her, this is evidence that #moscow is not interested in ending the war, but continues to #escalate violence. ▫️Baerbock also drew attention to #russia's repeated provocations against the #Baltic states and #Poland, which threatens the stability of the region. She called on the international community to increase pressure on russia, emphasizing the importance of protecting the basic principles of the United Nations Charter: "If a permanent member of the #UN #Security Council is allowed to destroy a smaller neighbor, it undermines the foundations of international #law." #StandWithUkraine #warinUkraine #helpinghand #partnerships #future

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Dr. Carolin Monsees of Taylor Wessing Germany and Chris Jeffery of Taylor Wessing UK, along with Maeve Ryan of Meta (UK), recently hosted a workshop in Washington DC, hosted by Privacy + Security Academy, to discuss The Artificial Intelligence Act and the Data Act. The session focused on the applicability for US entities of these new regulations, practical consequences for different participants in the tech ecosystem and their integration into the current (European) privacy framework. For further details of how we are supporting our clients with AI, please visit: https://bit.ly/3WKu4Ui #AI #ArtificialIntelligenceAct #DataAct

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jugendschutz.net is the joint center of the German Federal Government and federal states, dedicated to safeguarding children and young people on the internet. By closely monitoring online platforms popular among youth, jugendschutz.net identifies risks and ensures violations of youth protection laws are addressed. Their annual report presents the work of jugendschutz.net in all its facets. It provides an overview of the work that the entire jugendschutz.net team does with commitment every day. 🔍It draws attention to the potential dangers for children and young people on the Internet. It highlights current phenomena and technological developments such as challenges and pranks, generative AI and the increased risks for young people due to their misuse. 💡Hate speech and extremism are being given new gateways to influence and radicalize young people, e.g. through virtual gaming worlds and the use of AI. 💡Sexualized violence against minors continues to make up the majority of reports and cases. CSAM continues to be spread on a massive scale. 💡Reporting channels are regularly reviewed and the results show low deletion rates after user reports to the major players. 💡Security settings are insufficiently effective, as age verification is inadequate in most cases. 🔗Find the report here: https://lnkd.in/dgJqNiam #endCSAM #annualreport #onlinerisks #hatespeech #generativeAI #politicalextremism #deepfake

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German customs authorities and public prosecutors have arrested 4 individuals and raided premises linked to 2 different networks allegedly selling luxury cars to Russia (prohibited under Article 3h Council Regulation (EU) No 833/2014) (report, report). The 1st network is based in and around Frankfurt and is suspected of selling over 170 luxury cars to Russia since late 2022. The 2nd network is based in Palatinate and is reported to have exported over 190 luxury cars to Russia by informing German authorities that the cars were destined to Kazakhstan, Kyrgyzstan, Belarus or Turkey. #UKSanctions #Russia #EUCommission #ExportControl #TradeWar #TSECS #SanctionsUpdate #TurkishSociety #Sanctions #USA #OFAC #BIS #TradeUpdates #GlobalTrade #TradeCompliance #InternationalRelations #EconomicSanctions #TradeRegulations #TurkishExports #TradePolicy #SecurityMatters #ForeignPolicy #ComplianceNews #EconomicSecurity #CrossBorderBusiness

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The #EuropeanUnion has agreed to revisions to its #Schengen Borders Code which, among other changes, will allow for public health-related restrictions, and seek to clarify the rules and procedures regarding internal border controls. The laws will come into effect on July 10, 2024. Learn more at our website -> https://lnkd.in/eX3N_A6H #GoNomadic #businesstravel #visaservices #traveltechnology

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In his statement on the #COE #AI Convention, #UN Special Rapporteur Michel FORST calls on member states to: 1️⃣ re-insert the preservation of health and the environment among the guiding principles of the Convention. 2️⃣ limit and include specific safeguards concerning any #NationalSecurity or national defence exception. 3️⃣ submit declarations to fully cover the use of AI systems by private actors. 4️⃣ establish binding rules to ensure the protection of #EnvironmentalDefenders against harassment through AI systems. The Committee of Ministers of the Council of Europe is expected to adopt the Convention on 17 May. Read the full statement here: https://lnkd.in/dXmh5nYU

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🇺🇸🇺🇦 What Trump's victory means for the war in Ukraine? 🔎 Oleksandr Kraiev, director of the "North America" ​​program, in a commentary for the Irish media RTE talks about the consequences of Donald Trump's victory in the US elections for Ukraine, in particular in the context of the war with Russia. ➡️ In particular, Oeksandr Kraev notes that US policy under Trump can be risky, but not necessarily in a negative context. Also, the expert noted that Trump may be interested in a temporary ceasefire between the Russian Federation and Ukraine with the subsequent supply of weapons to Kyiv. Read the article in full at the link in the comments 👇

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