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Agile Implementations and Legacy Systems – A Pyrrhic Victory for the Co-Op?
Shoosmiths LLP, February 2021

The recent CIS v IBM decision touches on two topical issues in IT disputes: maintenance and replacement of legacy systems, and  use of agile implementation methodologies.  It is also a useful reminder of some important basics regarding the management of troubled IT projects. The case and the issues The claimant (Co-op) was the insurance business of the Co-op group...

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...

Administrative Step or Aggressive Movement? Revenue’s Announcement on Centralisation and Dispersal of Certain Categories of Corporate and Non-Corporate Taxpayers’ Files
Shearn Delamore & Co., February 2021

The Inland Revenue Board of Malaysia (Revenue)’s press release of 13 January 2021 announced the Revenue’s implementation of centralisation and dispersal of tax files for taxpayers of certain categories, with effect from 1 January 2021...

Bulletin Real Time: Latest News
Brigard Urrutia, February 2021

1. Historic: First vaccine administered in Colombia. A nurse in the Caribbean region of Sincelejo was the first Colombian to be vaccinated in the country. The original plan had been to begin the nationwide vaccination program on Saturday (February 20), but things have moved faster. Sincelejo and Montería began vaccinating today. Bogotá, Medellín, Cali, Barranquilla, Bucaramanga and Cartagena begin tomorrow...

Lao PDR: New Taxpayer Identification Numbers (“TIN”) for Individuals
DFDL, February 2021

On 10 February 2021, the Ministry of Finance has issued a Notification (? 0831/MoF) regarding the issuance of Taxpayer Identification Numbers (“TIN“) for individuals...

A One-Way Street: A Petition Arguing Obvious Did Not Give Notice of Anticipation
Dinsmore & Shohl LLP, February 2021

In M&K Holdings, Inc., v. Samsung Electronics Co., Ltd., 2020-1160 (Fed. Cir. Feb. 1, 2021), the Federal Circuit found that the Patent Trial and Appeal Board (Board) violated the Administrative Procedure Act (APA) by finding a patent claim unpatentable using a “markedly” different theory from the one the patent challenger presented. In this case, the patent challenger (i.e...

Justices Should Weigh In On FCA Objective Falsity Standard
Bradley Arant Boult Cummings LLP, February 2021

In its conference on Feb. 19, the U.S. Supreme Court is scheduled to consider two pending petitions for certiorari that could resolve a critical but deeply disputed issue that impacts both the False Claims Act and health care law. The cert petitions in those cases — U.S. v. Care Alternatives,[1] and Winter v...

In Default? New Changes to Consumer Credit Rules
Shoosmiths LLP, February 2021

Several key changes to existing legislation have been made due to the Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 coming into effect. We run through what you need to know. The amendments, which came into force on 2 December 2020, have been welcomed by debtors and mental health campaigners, who have argued for years that changes were required to the form and content of default notices...

In Default? New Chanes to Consumer Credit Rules
Shoosmiths LLP, February 2021

Several key changes to existing legislation have been made due to the Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 coming into effect. We run through what you need to know. The amendments, which came into force on 2 December 2020, have been welcomed by debtors and mental health campaigners, who have argued for years that changes were required to the form and content of default notices...

Kids Company Director Disqualification Proceedings – Some Initial Thoughts
Shoosmiths LLP, February 2021

Many people will be aware of the collapse of Kids Company from press coverage in the last five years or so but may be surprised by the outcome of the court proceedings involving the individuals who ran it. What has just been decided? Kids Company was a well-known charity which provided support to vulnerable children and young people...

VAT Reverse Charge to Apply from 1 March 2021
Shoosmiths LLP, February 2021

The VAT domestic reverse charge - referred to below as the reverse charge - is a major change to the way VAT will be collected in the building and construction industry. The reverse charge regime will come into effect on 1 March 2021 and will in many instances require customers receiving building and construction services to pay the VAT due directly to HMRC, instead of paying the supplier. This is a fundamental change to the way in which VAT is administered on construction contracts...

Tax: Amber Warning for Those Contemplating Divorce or Separation
Shoosmiths LLP, February 2021

We've become familiar with the Met Office issuing “traffic light” warnings about potentially disruptive weather. Couples contemplating divorce or separation could face similarly rough going when it comes to their tax affairs, especially Capital Gains Tax (CGT) when property or a business is involved. The alert level right now would be considered “amber” - think before you separate as you might not be able to complete a settlement in time for this tax year...

Shearn Delamore Legal Update February 2021
Shearn Delamore & Co., February 2021

DISPUTE RESOLUTION Wide order of injunction sought against online marketplace operator refused in the High Court E-commerce has become an indispensable part of the country’s economy particularly with the Covid-19 pandemic. With its growing demand come legal challenges which are novel to Malaysia. Recently, our Dispute Resolution Partners K...

Golden Visa: Changes to the Rules on Obtaining a Residence Permit for Investment in Portugal
PLMJ, February 2021

The reasons for the changes to the Golden visa rules: A legislative authorisation in the 2020 State Budget 2020 authorised the Government to review the rules on residence permits for investment provided for in Law 23/2007 of 4 July by the end of 2020. The aim is to encourage investment in inland areas, urban regeneration, cultural heritage, activities of high environmental or social value, and productive investment and job creation...

Payment to Non-Residents of Canada: How Can the Multilateral Instrument (MLI) be Applied?
Lavery Lawyers, February 2021

The internationalization of trade has led to an increase in payments made by Canadian companies to non-residents of Canada, which are most of the time subject to Canadian withholding taxes. Canadian payers must ensure that they withhold the correct percentage of Canadian tax on such payments, as they are liable to the tax authorities for any failures on their part in this regard...

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...

Clarity on B-BBEE Annual Reporting Obligations for JSE-Listed Companies, But More is Needed
ENSafrica, February 2021

Over the last few years, companies listed on both the primary and secondary market of the Johannesburg Stock Exchange (“JSE”), have been obliged to comply with increasingly onerous and often unclear reporting obligations in respect of the status of their transformation. On 3 February 2021, the B-BBEE Commission offered some clarity, however, there are still uncertainties that need to be addressed for many JSE-listed companies to overcome reporting challenges...

POPIA: What you Need to Know About the Role of the Information Officer
ENSafrica, February 2021

With the Protection of Personal Information Act, 2013 ("POPIA") deadline closing in on 1 July 2021, many organisations are starting to feel the mounting pressure of becoming compliant with POPIA. A good starting point in any POPIA compliance journey is the appointment of an Information Officer for your organisation.   Who is the Information Officer? POPIA, by default, designates the head of any private body as the Information Officer...

Cambodia: Flow Meters on Beer Production to Encourage Tax Compliance
DFDL, February 2021

On 14 January 2021, the Ministry of Economy and Finance issued Prakas No. 010 on “the Local Manufacturers Obligation to place devices for measuring the volume of beer and non-alcoholic drinks” (“Prakas 010”). The purpose of Prakas 010 is to establish rules and procedures for managing the use of devices which measure the volume of beer, and/or non-alcoholic beverages that are produced locally...

Litigation Forecast 2021
MinterEllisonRuddWatts, February 2021

It wasn’t that long ago that a surge of commercial litigation flowing from COVID-19 was anticipated. Contractual disputes relating to the performance or termination of contracts were expected to be litigated and there was a real risk for directors who failed to consider and respond to the risks arising from COVID-19.   But the surge in Covid-related litigation never (or has not yet) arrived...

Direct Action Claims in Norway – Norwegian Courts Maintain Legal Venue for Claims against Owners that are Joined in Legal Action against Norwegian P&I Clubs
Simonsen Vogt Wiig AS, February 2021

The ongoing court action, often referred to as the «Stolt Commitment Case», was commenced in the aftermath of a collision between MV «Thorco Cloud» and MV «Stolt Commitment» outside Singapore in 2015. MV «Stolt Commitment» was owned by a Dutch company, and was flying Cayman Island flag...

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...

“I’m Here Live, I’m Not a Cat”
Shoosmiths LLP, February 2021

Many of us chuckled at the viral video of a Texan lawyer who appeared at a remote court hearing as a cat. This unfortunate filter mishap does, however, act as a warning to all lawyers to check their settings before attending remote hearings as it looks like they are here to stay. Over the last 12 months, the use of virtual court hearings has sky-rocketed (perhaps unsurprisingly) in the wake of the COVID pandemic...

Re-Imagining Corporate Real Estate
Shoosmiths LLP, February 2021

This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click the link below.     We all know a happy engaged employee is a productive and successful employee. Unfortunately, the UK has one of the least engaged employee populations in Europe...

 

 

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