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What Constitute Good Reasons for an Order to Sell a Vessel Pendente Lite?
Shearn Delamore & Co., June 2021

This article examines the basis for an order for a sale pendente lite of a vessel that was arrested by a sheriff in in remadmiralty proceedings as security for the plaintiff's claim.(1) Facts On 19 November 2017 the defendant's vessel, Shi Pu 1, collided with the plaintiff's bulk vessel, Winning Loyalty. The high court sheriff arrested Shi Pu 1 in the waters off the Malacca Port premised on the plaintiff's writ against the defendant for loss and damages arising from the collision...

A Farmer's Guide to the EU Settlement Scheme and Skilled Worker Visas
Shepherd and Wedderburn LLP, June 2021

Free movement of workers from the European Economic Area (EEA) was ended by Brexit and the UK Government introduced the EU Settlement Scheme to bridge the gap between the UK’s two immigrations systems of those coming from the EEA, and those coming to the UK from outwith the EEEA. The EU Settlement Scheme is a mechanism for any EEA citizen who lived in the UK before 31 December 2020 to remain lawfully in the UK...

The Importance of UK Businesses Appointing an EU Data Protection Representative
Shepherd and Wedderburn LLP, June 2021

A recent fine of €525,000 by the Autoriteit Persoonsgegevens (AP), the Dutch Data Protection Authority, has focused attention on one of the least discussed provisions of the GDPR – Article 27. This provision requires those who are subject to the GDPR but who do not have a base in the EU to appoint an EU representative to act as a point of contact for supervisory authorities such as the AP and individuals (data subjects) within the EU...

New Plans for the UK Immigration System
Shoosmiths LLP, June 2021

The Government has published its first statement setting out its vision for legal migration and border control as part of the new plan for immigration. This article summarises the key goals that form part of the vision. The statement sets out key delivery priorities for 2021 – 22...

Policies and Practical Tips to Prepare for a Hybrid Work Culture
Schwabe, Williamson & Wyatt, June 2021

Prior to the pandemic, companies allowed remote work sparingly and where necessary because of the location of certain key players in other states or countries. Many employers felt that remote work was not practical, citing technology gaps and company culture. According to a survey of 600 IT decision-makers conducted in May 2020 by research firm Vanson Bourne for Xerox Holdings Corp...

Latest Federal Court Cases 06/14/21
Schwabe, Williamson & Wyatt, June 2021

Ronald Chandler v. Phoenix Services LLC, Appeal No. 2020-1848 (Fed. Cir. June 10, 2021) In this week’s Case of the Week, the Federal Circuit addressed the ongoing question of its subject matter jurisdiction over cases involving patents, but that do not concern allegations of infringement or invalidity...

OSHA Issues COVID-19 ETS for Health Care Employers, Updated Prevention Guidance for All Other Sectors
Dinsmore & Shohl LLP, June 2021

Last week, the Occupational Safety and Health Administration (OSHA) issued a COVID-19 Emergency Temporary Standard (ETS) for employers only in the health care sector in response to President Joe Biden’s January Executive Order on Protecting Worker Health and Safety. The ETS becomes effective on the date it is published in the Federal Register, which is yet to be determined. In addition, OSHA promulgated new non-binding guidance for employers in all other sectors...

Vietnam: COVID-19 & Employee’s Entitlements – Key Considerations
DFDL, June 2021

In light of the continuing Covid-19 outbreak in Vietnam and various regulations issued by the Government and the Ministry of Labor, Invalids and Social Affairs (“MOLISA”), some key considerations remain with respect to employee entitlements that employers must address and make due preparations for, as outlined below: 1...

Shoosmiths Ongoing Support for Change in Forced Marriage Law
Shoosmiths LLP, June 2021

The concept of ‘predatory marriage’ may be unfamiliar to many, but the harm caused by predatory marriage can have serious and permanent testamentary effects. The term is generally applied to forced marriages faced by individuals (usually elderly) whose mental capacity is in doubt or who are vulnerable to undue influence. The estates of these same individuals are often subject to a probate claim after they have passed away...

An Employer's Guide to the Additional Bank Holiday Announced for 2022
Shoosmiths LLP, June 2021

An additional bank holiday has been announced to take place in June 2022 to mark Her Majesty the Queen's Platinum Jubilee. But are all employees automatically entitled to paid time off and what approach should employers take? What is changing? Next year, the Spring Bank Holiday (normally due to take place on the first Monday in May) will be moved to Thursday 2 June. The additional Bank Holiday will then take place on Friday 3 June...

Key Cases for Employers who Recognise a Trade Union
Shoosmiths LLP, June 2021

We've seen two trade union-related decisions being handed down within a week of each other: Mercer v Alternative Future Group Ltd and Nexus v NURMT & Unite. For those employers with recognised trade unions the decisions are worth taking a closer look at. Mercer v Alternative Future Group Ltd Mercer is not good news for employers...

Congress Approves Bill that Contemplates New Tax Measures for Micro, Small and Medium-Sized Companies
Carey, June 2021

On June 10, 2021, the National Congress approved the bill that establishes new tax measures to support micro, small and medium-sized companies in the context of the crisis generated by Covid-19. The bill, which is awaiting the final formalities of enactment and publication, includes the following tax measures: Temporary reduction of the penal interest rate for SMEs from 1...

When and How Should Employers be Using a Data Protection Impact Assessment?
Shoosmiths LLP, June 2021

A Data Protection Impact Assessment (“DPIA”) is a process which helps employers to identify, analyse and minimise the data protection risks of a project. But when should employers be using a DPIA and what makes a DPIA effective? When should employers be using a DPIA? The Data Protection Act 2018 (the Act) states that a DPIA must be implemented before any processing is undertaken which is “likely to result in a high risk” to individuals...

Workplace Testing and Vaccinations: What Employers Need to Know
Shoosmiths LLP, June 2021

Workplace testing has proven to be a crucial piece in the UK government’s jigsaw to get British business back on its feet. But how can businesses implement a workplace testing programme  and will the vaccine roll out make a difference? What is a lateral flow test? In March 2021, the government confirmed that almost 50,000 businesses had registered for free and regular lateral flow tests through the government funded workplace testing scheme...

Landmark Decision Clarifies Hong Kong Law on Parallel Imports and Liability of Online Platforms for IP Infringement as well as the Jurisdiction of Hong Kong Courts in Relation to Online Sales by Platforms Based Outside of Hong Kong
Deacons, June 2021

The liability of online platforms for the activities of third-party vendors has always been a controversial area. With the explosion of online shopping as a result of the pandemic, the issue has come under increased scrutiny. Although cases in the UK and EU have discussed the factors that the Court will consider in deciding whether the operator of an online platform is jointly liable, the position in Hong Kong remained uncertain, until now...

EEOC Offers New Guidance on Workplace COVID-19 Vaccination Programs
Waller, June 2021

On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) released long-anticipated updates to its guidance regarding COVID-19 vaccinations.  In addition to clarifying the confidentiality requirements for vaccination information and guidelines for instituting vaccination incentive programs, the EEOC provided additional direction for employers implementing mandatory and employer-sponsored voluntary vaccination programs...

Pride in the Workplace 2021: Rosa Ostrom of Schwabe, Williamson & Wyatt
Schwabe, Williamson & Wyatt, June 2021

Rosa Ostrom (she/her/hers) Company: Schwabe, Williamson & Wyatt PC Title: Associate Programs: Pronoun awareness, fighting misgendering, disability access, summer diversity associates, work with transgender prison inmates “Growing up with a substantial amount of privilege and with the support of my firm Schwabe, I feel like I am in a unique position to do this advocacy work...

When Time Runs for Claim in Negligence: Court of Appeal Revisits the Position
Shoosmiths LLP, June 2021

Court of Appeal revisits the position of when time runs for claim in professional negligence. Careful thought is required when assessing limitation periods where there is a delay between the negligent act and the loss crystallising.  The time when a cause of action accrues is critical when assessing whether that claim has been brought within the statutory limitation period...

Raquel Alvarenga in HR Magazine: ‘Fully Vaccinated Workers May Need COVID-19-Related Accommodations’
Haynes and Boone, LLP, June 2021

Haynes and Boone, LLP Counsel Raquel Alvarenga talked with HR Magazine about continued COVID-19-related accommodations for vaccinated employees.Below is an excerpt:Many businesses have developed policies on providing reasonable accommodations to employees who refuse to get a COVID-19 vaccine for religious or disability-related reasons. Employers shouldn't forget that fully vaccinated workers may need accommodations, too.In recently updated guidance, the U.S...

The End of Mandatory Telework?
ALTIUS/Tiberghien, June 2021

On Friday 4 June 2021, a new Ministerial Decree was published in the Belgian State Gazette that includes new provisions regarding telework. For the time being, telework remains compulsory and employers remain obliged to register their non-teleworkable positions with the National Social Security Office (NSSO) and to provide workers whose presence at the workplace is needed with a certificate confirming this fact...

Will Vaccine Passports be Required in our Workplaces: Guidance on Vaccine Passports and Policies
Lawson Lundell LLP, June 2021

With increasing numbers of Canadians being immunized each day against COVID-19, the question on many peoples’ minds is whether Canadians will be asked to prove they are vaccinated by way of a vaccine passport. Vaccine passports can take a range of forms, but the defining feature is a verified record of a person’s immunization status...

Copyright…Hell or Divine?
ENSafrica, June 2021

Remember Nirvana? There have been reports about an interesting copyright infringement case involving the grunge band Nirvana, a band that is still associated by many with frontman Kurt Cobain. Yet this case does not involve music copyright. Rather it deals with copyright in an artistic work, a drawing. How about Dante’s Inferno? The case has been brought by a lady called Jocelyn Susan Bundy. Bundy is the granddaughter of C.W. Scott-Giles, a heraldry expert who died in 1982...

Trade Marks: You Gotta Have (Good) Faith
ENSafrica, June 2021

Some opening words In South Africa, as in many jurisdictions, the concept of good faith (bona fides) crops up a lot. So, for example, in order to get registration of a trade mark, the applicant must have a good faith intention to use the trade mark. Once the trade mark is registered the owner must use it in good faith in order to keep the registration alive. In the words of George Michael, “You gotta have faith". Good faith...

Confusingly Similar Trade Marks: What’s Happening in Europe?
ENSafrica, June 2021

We tend to keep an eye on trade mark developments in Europe. It makes sense because South African trade mark law is very similar to EU trade mark law and there’s far more activity in the EU. South African courts do, of course, often consider EU trade mark judgments. Here are a few recent cases:  Rounded curves, thicker lines and a horizontal orientation…was the judge’s mind wandering a little? This was an interesting one...

Who Is That Masked Employee and Is She Vaccinated? Employers Wrestle with New CDC Guidelines
Bradley Arant Boult Cummings LLP, June 2021

Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling with the question of how best to determine the COVID-19 vaccination status of their employees...

 

 

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