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National Security & Investment Bill
Shoosmiths LLP, February 2021

The UK Government has published the National Security and Investment Bill – a proposed law that will introduce a screening process for certain acquisitions and investments and which is expected to come into force as early as April 2021. The National Security and Investment Bill has now had its second reading and is expected to come into force as early as April 2021. We take a look at what it will cover...

UnMasked: A Generational Shift in Attitudes About Racial Inequity, Diversity And The Unique Implications for Businesses
Dinsmore & Shohl LLP, February 2021

This week, Westlaw Today published an article by Dinsmore partner J.T. Wilson III about the generational shift in attitudes toward racial equity in light of George Floyd's death and about how business owners and employers must react accordingly...

Bid Protests in New York
Bradley Arant Boult Cummings LLP, February 2021

Bradley attorneys Aron Beezley and Nathaniel Greeson highlight the administrative bid protest landscape in New York given the state's abundant acquisition economy. New York state's budget is the second largest in the country, and with it, New York has some of the most developed state acquisition laws and procedures in the country. Accordingly, New York provides comparatively robust bid protest rights when it comes to state-level bid protests...

Inclusion at Work: Perspectives on LGBT+ Working Lives
Shoosmiths LLP, February 2021

New research from the CIPD has confirmed that LGBT+ employees experience higher level of work-based conflict, and almost one in five transgender workers feel psychologically unsafe at work. The CIPD’s recent report, Inclusion at work: perspectives on LGBT+ working lives confirms that while workplace inclusivity is fundamental to good, fair work and positive employee outcomes, many organisations have been slow to make headway to support their LGBT+ workforces...

The Amicus Brief: An Efficient And Elegant Public Policy Tool
Dinsmore & Shohl LLP, February 2021

In its most recent issue, For The Defense published an article by Dinsmore partner Richik Sarkar’s called "The Amicus Brief: An Efficient And Elegant Public Policy Tool." The article examines how, when properly employed, an amicus brief can be the best tool to effect lasting change for the benefit of the amicus and similar parties, industries, and legal interests. An excerpt is below...

China Finally Amends its Patent Law – Part 2: Design
Deacons, February 2021

Did you know? China’s new patent law, which comes into effect on 1 June 2021, will significantly change the design patent regime and will see the introduction of partial design protection, the extension of the design patent term from 10 years to 15 years and the acceptance of domestic Chinese design patent filings as a basis for priority...

Electronic Certificates Regulation issued by the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency
Makarim & Taira S., February 2021

On 12 January 2021, the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (“MOA”) issued Regulation No.1 of 2021 on Electronic Certificates (“MOA Reg. 1/2021”). This new regulation is intended to optimize the use of information and communication technology by implementing electronic-based land services and thus improve public services and the ease of doing business. Under MOA Reg...

Essential Webinar Series for Employers: DSARs and Other Practical Data Protection Issues for Employers
Shoosmiths LLP, February 2021

With businesses now building back up following the pandemic, focus has moved onto ensuring organisations are as efficient, effective and resilient as possible. Key to this is ensuring that managers are fully equipped to handle workplace issues. The session focuses on dealing with DSARS and other practical data protection issues for employers. The key takeaway points are set out below: Brexit and Data Protection The Data Protection Act 2018 continues to apply in the UK...

The End of the Line for Exclusionary Zoning: Berkeley Set to Make its Move
Hanson Bridgett LLP, February 2021

Key Points Later this month, the Berkeley City Council is expected to consider ending exclusionary zoning by December 2022. The city has a long history of implementing single-family zoning, which encourages more expensive stand-alone homes that are often inaccessible to disadvantaged populations. The shift would place Berkeley, which in 1916 became the nation's first city with single-family zoning, at the forefront of a modern era of inclusionary housing policy...

Two Ways Colleges Can Build Better Paths Toward Student Success
Bradley Arant Boult Cummings LLP, February 2021

Like every other higher education leader, I spent most of the last 10 months reacting to the operational imperatives driven by the COVID-19 crisis. Each day presented a novel crisis, and just when we thought we’d see no more plot twists, a new one emerged. In the midst of that maelstrom and as the state’s higher education chief, I often found myself trying to find elusive time to process what these daily crises meant for our enterprise over the long term...

Flexible Working and Employee Mental Health
Shoosmiths LLP, February 2021

This is the final article in a series reflecting on employee mental health and wellbeing challenges that employers are currently facing. It focuses on how employers can support employee mental health going forwards. Flexible future? If COVID-19 has done one thing at the very least, it is to open employers’ eyes to different and more creative ways of working...

Pension Schemes Bill Receives Royal Assent
Shoosmiths LLP, February 2021

The Pension Schemes Bill received Royal Assent on 11 February 2021, becoming the Pension Schemes Act 2021. Originally introduced into Parliament in Autumn 2019, the Act covers a mix of pensions-related matters which we outline in this article. Parts One and Two set out the legislative framework for establishing a collective money purchase scheme, commonly known as a collective defined contribution scheme (Part Two extends this to Northern Ireland)...

Warning to Employers to Keep Equal Opportunities Training Updated
Shoosmiths LLP, February 2021

A summary of the decision in Allay (UK) Limited v S Gehlen and a reminder to employers to keep equal opportunities training up to date to be able to rely on the all reasonable steps defence under s 109 (4) of the Equality Act 2010. It is common for employers to provide employees with equal opportunities training, to underpin workplace culture as well as to prevent discrimination from taking place. A recent case, however, provides a salutary reminder to keep such training up to date...

Adding up the Numbers: DOJ Announces Its False Claims Act Recoveries for 2020
Dykema, February 2021

In January 2021, the U.S. Dept. of Justice (DOJ) announced $2.2 billion in False Claims Act (FCA) recoveries for fiscal year 2020, which ended on September 30.[1] Although this amount is substantial, it nonetheless represents the smallest recovery figure in 10 years. These figures reflect the Trump administration’s unaggressive enforcement efforts and its restrictive view of the FCA. As recently as 2016, FCA recovery exceeded $4.5 billion. Recoveries in 2019 were $3...

Bulletin Real Time: Latest News
Brigard Urrutia, February 2021

Modifications to the obligation to disclose information by issuers of securities The National Government issued a new rule that modifies the provisions relating to the obligation to disclose information by issuers of securities, in accordance with the parameters set by the International Organization of Securities Commissions...

Must AstraZeneca Supply the European Union with Sufficient COVID-19 Vaccines under Belgian Law?
ALTIUS/Tiberghien, February 2021

Introduction On 27 August 2020 the European Commission, on behalf of EU member states, entered into an advance purchase agreement (APA) with AstraZeneca for the production, purchase and supply of the Anglo-Swedish company's COVID-19 vaccine in the European Union.(1) The APA provides for: AstraZeneca's supply of 300 million doses of its COVID-19 vaccine (the initial Europe doses); and an option for the European Union to order an additional 100 million doses (the optional doses)...

Changes Afoot at the NLRB Under the New Administration
Hunton Andrews Kurth LLP, February 2021

With the ushering in of a new administration, several changes have quickly taken place at the National Labor Relations Board (NLRB). Within hours of taking office, the Biden administration removed Trump appointee NLRB General Counsel Peter Robb and replaced him with interim General Counsel Peter Ohr.  (Ohr may only serve as acting General Counsel for 40 days, per the National Labor Relations Act, unless the administration submits a nomination to the Senate...

Do You Really Have Zero Tolerance for Bullying and Harassment? Your Answer May be Costly
Lawson Lundell LLP, February 2021

Workplace harassment is once again in the news given our former Governor General’s resignation from her post after a 132 page investigation report was issued following accusations of a toxic work environment at Rideau Hall. While the Government of Canada took the correct steps in hiring an independent investigator once the allegations surfaced, meeting with all witnesses, and then meeting with Ms...

Employee Board-Level Representation
Simonsen Vogt Wiig AS, February 2021

Introduction The employee’s right to be represented on the Board of Directors («BoD») is governed in the Limited Liability Companies Act (Nw: aksjeloven) and the Public Limited Liability Companies Act (Nw: allmennaksjeloven). We will in the following refer to the Limited Liability Companies Act («the Company Act»), as the wording is the same...

Can Employers Justify Compelling Employees to Receive the COVID-19 Vaccine?
ENSafrica, February 2021

South African law currently does not have any legislation that specifically requires employees to take the COVID-19 vaccination. The president was also emphatic that no one would be forced to take the vaccination, which is being rolled out in a governmental attempt to vaccinate 67% of the population (approximately 40-million people in South Africa)...

Labour Court Hands Down New Judgment on Business Rescue
ENSafrica, February 2021

The South African Airways (“SAA”) saga continues, with another Labour Court judgment handed down on 8 February 2021. Given the financially parlous position that SAA has been in, even throughout its business rescue proceedings, the Department of Public Enterprises (“DPE”), SAA’s sole shareholder and sole lender, offered SAA employees a salary settlement agreement...

EEOC Revises Enforcement Guidance on Religious Discrimination
Patterson Belknap Webb & Tyler LLP, February 2021

The Equal Employment Opportunity Commission (“EEOC”) recently updated its Compliance Manual Section on Religious Discrimination, seeking to clarify how Title VII of the Civil Rights Act of 1964 (“Title VII”) protects individuals from religious discrimination in the workplace. The enforcement guidance also discusses the legal protections available to religious employers, which have been bolstered in recent years...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, February 2021

Coronavirus Insights & Updates The information listed below is categorized by topic for your convenience and includes content from the previous week. Bradley is actively monitoring and engaging with relevant federal, state or local entities on issues related to the coronavirus. Please contact one of the authors if you have any questions. Click on a link below to view the full article, alert, blog, webinar recording or interview...

COVID-19 in the Workspace: Is Enough Enough?
Bradley Arant Boult Cummings LLP, February 2021

You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the Florida sheriff who reportedly instructed his employees not to wear masks in the offce. If a visitor entered Sheriff Billy Wood’s offce with a mask, they were reportedly instructed to remove it...

SENACON Enacts New Ordinance on Terms for the Adjustment of Conduct (Ordinance n° 34/2021)
Veirano Advogados, February 2021

A new ordinance enacted by SENACON became effective on February 5 bringing changes to the execution of Terms for the Adjustment of Conduct (“TAC”) in administrative proceedings before SENACON, revoking the previous ordinance. The ordinance provides for several phases in the process of execution of a TAC, which will begin with a request, analysis of the feasibility of the negotiation, the negotiation itself, followed by authorization and subsequent decision...

 

 

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