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Practice Industry: Dispute Resolution, Employment & Labor

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Millennials, All Grown Up
TSMP Law Corporation, August 2021

Not yet in the driver’s seat but hungry for change, millennials are lobbying to shape the way the companies are run. What do North Korea’s Supreme Leader Kim Jong-un, Finland’s Prime Minister Sanna Marin, United States Congresswoman Alexandria Ocasio-Cortez and Facebook co-founder Mark Zuckerberg have in common? They are all captains in their fields. And they are all millennials...

COVID-19 Vaccines and Emergency Use Authorization Challenges
Bradley Arant Boult Cummings LLP, August 2021

With employers reopening fully and employees returning to the workplace from the pandemic, there has been a steady flow of challenges -- both legal filings and political and public opposition -- by individuals opposing mandatory requirements from employers and institutions to be vaccinated in order to return to work or school, subject to certain legal requirements under the ADA and valid religious objections...

ALRUD Podcasts. Be Aware and Share
ALRUD Law Firm, August 2021

We would like to introduce you to our new project, Podcast in English – “Be Aware and Share”! In this series of discussions, we explore the topical legal challenges faced by business and, together with experts, analyze significant cases and provide solutions. Click here to learn more. 6 episodes are available right now: Teleworking in Russia: digital turn in employment. Employment solutions for commercial secrecy. Internal investigations in Russia...

Costs Orders in Financial Remedy Proceedings
Shoosmiths LLP, July 2021

Parties in financial remedy proceedings on divorce need to be alive to the implications that their behaviour may have on their final settlement by way of costs orders. Both parties in the recent case of E v L (No 2 Costs) [2021] EWFC 63 were penalised in costs; the husband for failing to negotiate reasonably and pursuing ‘conduct’ against the wife, and the wife for her litigation misconduct...

Managing Holidays in a COVID-19 World
Shoosmiths LLP, July 2021

With the summer holidays upon us, what are the implications for employers managing holiday requests and the ever-changing guidance on foreign travel? We consider how to deal with employees who travel internationally and the current isolation rules...

From Paralegal to SYLA President: Chiara Pieri on Seizing Opportunities
Shepherd and Wedderburn LLP, July 2021

Solicitor Chiara Pieri tells Scottish Legal News about her career journey – from working as a paralegal to qualifying as a solicitor and becoming president of the Scottish Young Lawyers’ Association. In 2014 Chiara Pieri graduated from Glasgow University with an LLB with Italian – and plans to go globetrotting before embarking on her legal career...

EPCRS Provides More Retirement Plan Self-Correction Opportunities  
Buchalter, July 2021

  On July 16, 2021 the IRS issued Revenue Procedure 2021-30, which modifies and supersedes Revenue Procedure 2019-19, expanding the Employee Plans Compliance Resolution System ("EPCRS").  EPCRS is a program for correcting documentation and operational failures for retirement plans that are intended to be qualified plans under Sections 401(a) and 403(b) of the Internal Revenue Code...

Ohio’s Fresh Start Act Creates a Path to Professional Licensure for those with Prior Convictions
Dinsmore & Shohl LLP, July 2021

In January 2021, Ohio Governor Mike DeWine signed House Bill 263, better known as the Fresh Start Act (the Act), into law. The Act standardizes the professional licensure process in Ohio by removing vague disqualifiers such as “moral turpitude” and “lack of moral character.” Through its restorative justice approach, the Act offers professionals with records of certain prior offenses a path to licensure. Most of the Act’s provisions become effective on Oct...

The Pros and Cons of Remote Hearings
Shepherd and Wedderburn LLP, July 2021

The purpose of this article is to report on a recent proof before answer hearing that was conducted fully remotely, and to set out some tentative thoughts on the future of remote hearings based on that experience. This is not intended to suggest that what was done should be followed in all hearings...

When To Use a Legitimate Interest Assessment
Shoosmiths LLP, July 2021

Employers often seek to rely on legitimate interests when processing employee personal data. But many do not realise that this should involve completion of a legitimate interests assessment. We consider what is involved in carrying out such assessments. What the law says The UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018 regulate the way in which employers process personal data...

Electronic Labor Documents are Modified in the Chilean Labor Code
Carey, July 2021

On July 27 th , 2021, Law No. 21,361 (hereinafter, the “ Law ”), which modifies the Labor Code in connection with electronic employment documents, was published in the Official Gazette...

Employment Flash No. 10/2021 – Latest News in the Labor Law Field – Granting Paid Days Off for Vaccination
Nestor Nestor Diculescu Kingston Petersen, July 2021

The Law no. 221/26.07.2021 for the completion of Law no.55/2020 regarding some measures for preventing and combating the effects of the COVID-19 pandemic was published within the Official Gazette no. 732 dated July 26, 2021. According to this normative act, employees who are vaccinated against COVID-19 benefit, upon request, of one paid day off for each vaccine dose administered...

California Court of Appeal Issues Rare Interpretation of Policy Designed to Mitigate the Effects of Coastal Erosion
Hanson Bridgett LLP, July 2021

Key Points In Martin v. California Coastal Commission, the Court of Appeal issued a rare opinion discussing local policies that are designed to manage and mitigate coastal bluff erosion. The court upheld a permit condition that required a new home to be set back 79 feet from the edge of a coastal bluff. The court reaffirmed that the policy at issue requires new development to be reasonably safe from failure and erosion over the entirety of the development’s lifetime...

Latest Federal Court Cases, 07/26/21
Schwabe, Williamson & Wyatt, July 2021

Chemours Company FC, LLC v. Daikin Industries, Ltd., Appeal Nos. 2020-1289, -1290 (Fed. Cir. July 22, 2021) In this week’s Case of the Week, the Federal Circuit reversed a PTAB decision in consolidated IPRs that two patents were unpatentable as obvious. The Court held that the Board erred in reaching its conclusions both in terms of what the prior art taught and in application of objective indicia of nonobviousness...

Amidst Uncertainty Surrounding the Scope of BIPA Liability, Hyatt Settles Employee Biometric Data Class Claims for $1.5 Million
Hunton Andrews Kurth LLP, July 2021

Use of employee biometric data – including fingerprints, eye scans, voiceprints, and facial scans – continues to be a popular, yet legally risky, proposition for employers. Several states and municipalities have laws that specifically govern the use of biometric data, the highest profile of which is the Illinois Biometric Information Privacy Act (BIPA)...

Challenging and Contesting a Will
Shepherd and Wedderburn LLP, July 2021

The death of a loved one is a difficult time and situations in which a Will is contested can be an additional burden. Challenging or contesting a Will in Scotland is slightly different from the rest of the UK and this guide is designed to set out the main grounds of challenge to a Will on both sides of the border.  Disputes can arise because of a poorly drafted Will, where there is a disappointed beneficiary or where a loved one appears to have been “disinherited”...

Compensation for Infringement of Intellectual Property Rights
Shepherd and Wedderburn LLP, July 2021

The holder of intellectual property (IP) rights is entitled to a variety of remedies for infringement of those rights. These include, an order for delivery (or destruction) of the offending goods, interdict (injunction) to restrain any further infringement, and damages or an account of profits. This article focuses on the level of financial compensation available to holders of IP rights once they have established their rights have been infringed...

Mental Capacity and Divorce
Shoosmiths LLP, July 2021

The question sometimes arises in a divorce as to whether one or both parties have mental capacity to litigate. If a party lacks that mental capacity, they will need someone to make decisions for them during the divorce process. This person is called a ‘litigation friend’...

Recent Court of Appeal Decision Confirms that CEQA Statutes of Limitations Cannot be Extended Without a Project Proponent’s Consent
Hanson Bridgett LLP, July 2021

Key Points In Save Lafayette Trees v. East Bay Regional Park District, two of the parties to the lawsuit entered into an agreement in an attempt to extend the California Environmental Quality Act (“CEQA;” Pub. Resources Code, § 21000 et seq.) deadline to file a lawsuit...

Another TERS Extension with Payments Made Directly to Employees
ENSafrica, July 2021

In light of the recent Adjusted Alert Level 4 restrictions, the TERS has officially been extended once again for certain affected employees. The new claim period is from 16 March 2021 to 25 July 2021. Applications for the extended TERS benefit opened on 19 July 2021 and payments are due to commence from 26 July 2021...

Employer, You Missed the Vaccine Risk Assessment Deadline. Now What?
ENSafrica, July 2021

The updated Consolidated Direction on Occupational Health and Safety Measures in certain Workplaces gave employers until 2 July 2021 to undertake or update their risk assessments to determine whether they intend to make vaccinations mandatory and for whom...

An Employee Does Not Have to be Caught Red-Handed in an Act of Misconduct to be Found Culpable
ENSafrica, July 2021

A group of 50 striking employees confront their manager in his office. An altercation ensues, which culminates in the manager being violently assaulted. Only five of the striking employees are caught “red-handed”, having been identified as the perpetrators of the violent assault. The rest are only identified as having been there when the assault took place...

The Court Approved a Settlement Agreement in a Class Action Filed against Korean Air
Fischer, July 2021

Class Action 30633-05-18 Smuelitz v. Korean Air Co., Ltd Our firm successfully represented Korean Air in a motion to certify a class action suit alleging a failure to refund airport taxes on unused flight tickets. As part of its motion, the plaintiffs requested that Korean Air automatically reimburse airport taxes for unused flight tickets, and pay substantial monetary compensation, for failure to reimburse...

Outsourcing to Cloud Computing Service Providers
PLMJ, July 2021

The European Insurance and Occupational Pensions Authority (“EIOPA”) is entrusted with 1 issuing guidelines and recommendations to Member States’ supervisory authorities on how insurance and reinsurance undertakings should apply the Solvency II Directive 2 in order to (i) establish consistent, efficient and effective supervisory practices and (ii) ensure the common, uniform and consistent application of Union law...

HKIAC Statistics
Deacons, July 2021

The HKIAC recently published its “Average Costs and Duration Report”, which reveals some interesting statistics about the average cost and duration of arbitrations administered by the HKIAC under the HKIAC Administered Arbitration Rules (Rules). The statistics are derived from cases in which a final award was issued between 1 November 2013 and 31 May 2021 (Relevant Period)...

 

 

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