Five Years of GDPR: A Review

The General Data Protection Regulation is the most recognizable and comprehensive data protection law that came into effect on 25 May 2018. The passage of the GDPR propelled data privacy into prominence at the world stage. Many countries’ data protection laws have been modeled after the GDPR at the national and subnational level (Brazil – LGPD, Canada – PIPEDA, Nigeria – NDPA, and California – CPRA). There has been increased awareness about individual privacy rights. There have also been big Fines and Penalties against companies in the social media and e-Commerce space for noncompliance with GDPR principles ( e.g., Facebook – 1.2 bn Euros and Amazon – 746 m euros). This article by our managing partner is a review of the impact of GDPR in the last five years and a snapshot of the future of data privacy and security.

Continue reading “Five Years of GDPR: A Review”

The CIPP/US Certification

We are happy to announce that our managing partner is a certified data privacy professional.

The Certified Information Privacy Professional (CIPP) is the global standard in privacy certification. Developed and launched by the International Association of Privacy Professionals (IAPP) with leading subject matter experts, the CIPP is the world’s first broad-based global privacy and data protection credentialing program. The CIPP/US demonstrates a strong foundation in U.S. private-sector privacy laws and regulations and understanding of the legal requirements for the responsible transfer of sensitive personal data to/from the U.S., the EU and other jurisdictions. These include, GDPR, COPPA, GLBA, FCRA, CPRA, FERPA, HIPAA, PIPEDA, NDPA, LGPD, PIPL among other National and Subnational data protection laws.

Chronicles of an In House Counsel

In my previous life, as an in house counsel, I often had to sensitize my colleagues about new bank policies and also make presentations at prep – classes for promotion examination(s). I found these two presentations in my archives. One is on the Bilateral Currency Swap agreement between the Central Bank of Nigeria (CBN) and People’s Bank of China (PBoC), the other is on the Structure of the Legal Services Department and the Powers and Functions of the CBN. I hope you find them useful and relevant.

I shall be dropping little gems from my experience in private and public practice through out my legal career on this platform from time to time as part of our knowledge sharing and capacity building drive. Stay tuned to this page.

Bilateral Currency Swap

Highlights of the Bilateral Currency Swap agreement between the PBoC and the CBN

CBN Powers and Functions et al

Highlights of the LSD’s structure and processes and highlights of the functions and powers of the CBN under the BOFI and CBN Acts.

Garnishment Law and Practice in Nigeria, UK and U.S.

Paperback and Hardcover now also available on Amazon

Law Text book

Follow link below for your copy:

Garnishment Law and Practice in Nigeria, UK and U.S.: Wodi, Alex: 9798987288306: Amazon.com: Books

New ebook on Garnishment Law

Now available on Amazon Kindle edition. The ebook version of my book titled – Garnishment Law and Practice in Nigeria, UK and US.

Ditto the paperback and Hardcover on Amazon, and Barnes & Nobles.

You can access it via the link below:

Garnishment Law and Practice in Nigeria, UK, and U.S.: Wodi, Alex: 9798987288306: Amazon.com: Books

https://www.barnesandnoble.com/w/garnishment-law-and-practice-in-nigeria-uk-and-us-alex-wodi/1143565536?ean=9798987288306

About the Book

This book is the first of its kind and the most comprehensive comparative analysis of Garnishment law and practice in Nigeria, UK, and U.S. It treats age old questions and contemporary issues like:

1. When is a debt due or accruing? What are Attachable debts and Funds? Who can appeal an Order Nisi and Order Absolute? Jurisdiction; service; and proper parties;

2. It examines the Supreme Court decision in CBN v. Interstella and other recent Court of Appeal cases vis-à-vis the questions: Who is a public officer under section 84 of the Sheriffs and Civil Process Act (SCPA)? Is the CBN a public officer for purposes of section 84 SCPA? The constitutionality of Attorney General’s Consent under section 84 SCPA;

3. Interim and Final Third-Party Debt Orders (TPDO) under CPR Part 72, UK; the applicability of TPDOs for the attachment of cryptocurrency and cryptoassets in the Ions case in the UK; 

4. Wage Garnishment under Title 28 USC 3205 as well as Wage Garnishment Laws of the various States in the U.S. What are the duties of a debtor and the employer upon receipt of a writ of wage garnishment? What are the attachment limits on non-exempt disposable earnings and the protections under Federal and State law?; and

5. The place of Sovereign Immunity and Jurisdiction in the enforcement of international commercial arbitration awards against states? Lessons learnt from the recent P&ID v Nigeria cases instituted in Nigeria, UK, and U.S.

The book is presented with clarity of expression and academic rigour citing recent cases, scholarly works, and experiences from the author’s legal career to provide useful context, insight and instruction. There are copious footnotes, weblinks and hyperlinks to cases, articles and resource materials cited and referenced for further reading and research. The book is a valuable resource for law students, scholars, lawyers in private practice and public service, arbitrators and ADR professionals, litigants (debtors, creditors & garnishees), judges, legislators and draftsmen that may be involved in future review and amendment of extant laws on garnishment and related matters, as well as general readers who wish to be informed on the subject matter.

Garnishment, Bankruptcy and Fair Debt Collection Practices in the United States

The attached paper provides some valuable insight about :

  1. Wage Garnishment ( in respect of debt arising from personal loans, student loans, unpaid taxes, credit card debt, spousal or child support).
  2. Bankruptcy and debt; types of bankruptcy (e.g. Chapter 7, 11 and 13); and
  3. Permissible conduct of debt collectors under the Fair Debt Collection Practices Act.

The Cement Armada Cases

The Nigerian cement armada saga was a whirlpool of events that culminated in cases instituted by contractors engaged to supply large quantities of cement by the Nigerian Ministry of Defense following the CBN’s unwillingness to honour letters of credit opened to cover payments for the supplies in ships which waited months unend at the Lagos Port waiting to be cleared. It is estimated that about 16 to 20 million tonnes were shipped.

The cases consolidated the restrictive theory of the doctrine of sovereign immunity captured in the erudite judgment of Lord Denning M.R. in the locus classicus Trendtex v. Central Bank of Nigeria (CBN) which recognised the exception of the sovereign engaged in “commercial activity”. “The King in the market place is subject to the same rules as all other common folk” as it was colorfully put and espoused by the Master of Rolls.

We have created this post to inform and educate readers on the International law doctrine of sovereign immunity, the relevant cases, law and evolving principles and applicability.

Garnishment: A Comparative Analysis of the Law and Practice in Nigeria, UK and US

New book loading

Statement fom the Author (our Managing Partner): –

Presently putting finishing touches to my long awaited book on Garnishment and attachment proceedings in the US, UK and Nigeria. Stay tuned to this page. It promises to be an interesting and informative read when released. The book traces the history of garnishee proceedings as a mode of enforcement of money judgment debts. It also presents a comparative analysis of the extant Law and Practice across the UK, US and NGN jurisdictions. Age old and Contemporary issues like service; proper parties; Attorney General’s Consent; Sovereign Immunity and Jurisdiction; attachment of crypto assets and enforcement of international arbitration awards are examined in the book with the aid of recent court decisions and scholarly articles employed for valuable insight and instruction.

Release Date – December 2022. See Excerpt below:

A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack Thereof) in International Arbitration — Vol. 33 No. 1 – American Review of International Arbitration

http://aria.law.columbia.edu/issues/volume-33-issue-1-july-2022/a-360-degree-kaleidoscopic-view-of-diversity-and-inclusion-or-lack-thereof-in-international-arbitration-vol-33-no-1/

This is a very detailed and well thought out article that addresses the intended subject matter with maturity and equanimity.