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Jersey: A clear route to market
Carey Olsen, October 2021

There has been an increase in market capitalisation of Jersey listed companies on global exchanges from £269 billion in 2014 to £278.9 billion in 2021. Furthermore, The International Stock Exchange (TISE) has seen the number of listings increase from 2,272 in 2016 to 3,431 securities on its official list at end of June 2021. These are just some examples which explain why Jersey is now regarded as a premier international finance centre...

New exemptions align Jersey’s prospectus rules with familiar UK/EU exemptions
Carey Olsen, October 2021

The current prospectus rules The current Jersey definition of “prospectus” has often meant that a securities offer by a Jersey company is a prospectus for Jersey law purposes, even where an exemption from the obligation to produce an approved prospectus is available in other jurisdictions in which the offer will be circulated...

Important Bermuda judgment on the role of protectors in offshore trusts
Carey Olsen, October 2021

In the Matter of the X Trusts [2021] SC (Bda) 72 Civ (7 September 2021) Assistant Justice Dr Ian R.C. Kawaley of the Supreme Court of Bermuda has handed down significant guidance to assist in the understanding of this important relationship in offshore trusts...

Brown Act in a Time of Pandemic: the Governor Vetoes AB 339
Hanson Bridgett LLP, October 2021

Key Points Governor Newsom vetoed AB 339. AB 361 will continue to operate as currently construed. On October 7, 2021, Governor Newsom vetoed Assembly Bill (AB) 339 (Lee), a bill aimed at addressing Brown Act teleconferencing requirements for large public entities. AB 339 sought to add special rules for meetings of city councils or county board of supervisors that govern jurisdictions containing at least 250,000 people...

Attorney Spotlight: Alé Dalton
Bradley Arant Boult Cummings LLP, October 2021

In which office are you located? Nashville Tell us a little about your practice. I work with clients that operate in the healthcare space or that are healthcare adjacent. My work primarily centers on providing guidance during mergers and acquisitions, as well as guiding clients through issues that arise from the complex nature of operating in a highly regulated industry. I also advise clients in matters involving clinical research and telemedicine...

Class Deviations
Schwabe, Williamson & Wyatt, October 2021

The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (i.e., the federal contractor vaccine mandate)...

A “sea change” in attitudes towards third party litigation funding in Jersey
Carey Olsen, October 2021

What is litigation funding and why is it attractive? Also known as legal finance or litigation finance, third party funding – historically – was considered an improper or corrupting influence on litigation. These old offences of champerty and maintenance were first decriminalised in England in 1967...

 Enactment of SB 164 and Changes to Oregon’s Corporate Activity Tax          
Schwabe, Williamson & Wyatt, October 2021

Although Oregon’s 2021 legislative session turned out to be relatively quiet from a tax perspective, we did experience some changes to Oregon’s Corporate Activity Tax (“CAT”). Those changes were primarily in the form of SB 164. The enactment of SB 164 ushers in the following CAT changes. Fiscal Year Filings...

Trusts, turmoil, and the tropics – a Cayman Islands perspective
Carey Olsen, October 2021

In fact, the impact of the pandemic on private clients has been the opposite: many have experienced increases in their personal wealth that have been nothing short of startling. According to the Global Wealth Report published by Credit Suisse in June 2021, more than five million people became millionaires across the world in 2020 despite economic damage from the Covid-19 pandemic...

HIPAA Compliance Guidelines for Remote Workers
Buchalter, October 2021

October 6, 2021 By: Jennifer Guerrero While a remote work environment can provide many benefits to all of the parties involved, it also can present significant challenges for organizations that need to remain Healthcare Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH) compliant...

Adoption of Bill 64: what do public bodies need to know?
Lavery Lawyers, October 2021

Bill 64, also known as the Act to modernize legislative provisions as regards the protection of personal information , was adopted on September 21, 2021, by the National Assembly of Quebec...

SEC Continues to Drive ESG — Climate Change Disclosure Takes the Wheel
Dinsmore & Shohl LLP, October 2021

In late September, the SEC’s Division of Corporation Finance continued signaling the increased importance of ESG initiatives in its mission by publishing a sample comment letter similar to what it may provide to issuers when reviewing their filings...

Attorney Spotlight: Gabriel Rincón
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ In which office are you located?  Houston, Texas Tell us a little about your practice. As an associate in the construction litigation practice group, I primarily handle commercial and residential construction disputes. The issues in my cases generally involve construction defects, contracts, lien foreclosures, negligence, breach of fiduciary duty, fraud, insurance defense, and DTPA matters...

California Signs Police Reform Legislation Into Law
Hanson Bridgett LLP, October 2021

On September 30, 2021, Governor Gavin Newsom approved and signed SB 2 and SB 16.1 SB 2 created a decertification procedure for peace officers and removal/denial of qualified immunity for claims or actions brought under Tom Bane Civil Rights Act (Civil Code section 52.1). SB 16 impacts retention of peace officer employment records and access to employment records...

AB 701 Continues the Recent Trend in California to Regulate Warehouse Distribution Centers
Hanson Bridgett LLP, October 2021

In 2021, warehouse distribution centers were at the forefront of California law, regulations, and environmental initiatives. These efforts seek to regulate labor practices of warehouse operators and the environmental impacts caused by the expansion and concentration of distribution centers over the last decade. This article summarizes AB 701 and other initiatives in California targeting warehouse distribution operations...

Latest Federal Court Cases, 10/5/21
Schwabe, Williamson & Wyatt, October 2021

In re: Vivint, Inc., Appeal No. 2020-1992 (Fed. Cir. Sept. 29, 2021) In an appeal from the United States Patent Trial and Appeal Board, the Federal Circuit addressed whether a party may challenge the validity of an issued patent by ex parte reexamination when the challenger has repeatedly tried to use inter partes review (“IPR”) to forward the same argument. The Federal Circuit held that, when applying 35 U.S.C...

Guernsey discrimination law update: Where are we now?
Carey Olsen, October 2021

We are often asked to opine on the status of anti-discrimination law on the island, as many believe that it does not exist. In fact it does exist, albeit to a limited extent: The Sex Discrimination (Employment) (Guernsey) Ordinance 2005 renders it unlawful for employers to discriminate against employees and job applicants on grounds of sex, marriage or gender reassignment...

Enactment of SB 164 and Changes to Oregon's Corporate Activity Tax
Schwabe, Williamson & Wyatt, October 2021

Although Oregon’s 2021 legislative session turned out to be relatively quiet from a tax perspective, we did experience some changes to Oregon’s Corporate Activity Tax (“CAT”). Those changes were primarily in the form of SB 164. The enactment of SB 164 ushers in the following CAT changes. Fiscal Year Filings...

Amendments to Privacy Laws: What Businesses Need to Know
Lavery Lawyers, October 2021

Bill 64, also known as the Act to modernize legislative provisions respecting the protection of personal information , was adopted on September 21, 2021, by the National Assembly of Quebec...

CARES Act Provider Relief Fund Reporting Requirements and Government Scrutiny
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ The federal government established many new funds in 2020 to assist health care providers with the financial burden of COVID-19. One such fund, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Provider Relief Fund (PRF), is a $178 billion federal appropriation to health care providers impacted by COVID-19. Since its inception, the CARES Provider Relief Fund has consistently changed and its guidance evolved...

Attorney Spotlight: Gabriella Alonso
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ In which office are you located? Houston Tell us a little about your practice. I primarily handle banking and financial services litigation matters here at the firm, although I jump on regulatory compliance matters when the opportunity presents itself. Our practice group focuses on state and federal laws and regulations governing financial institutions like lenders, servicers, credit furnishers, and the like...

Cart before the Horse: Claimant Must Prove Condition Pre-existed Injury before Substantial Aggravation Can be Established
Dinsmore & Shohl LLP, September 2021

It seems logical that when a claimant requests that a claim be amended to include an additional condition based upon a theory of substantial aggravation, the easiest element to prove would be that the condition pre-existed the date of injury. Recently, in Houlihan v. Hamilton County, 2021-Ohio-3087, the Ohio First District Court of Appeals found that a claimant must prove a condition existed at the time of the injury before they can establish a substantial aggravation...

House Democrats Propose Estate and Gift Tax Law Changes: Important Estate Planning Implications
Verrill, September 2021

Please note: this alert was updated on September 30, 2021. What you need to know: On September 13, 2021, the House Ways and Means Committee released its proposed tax plan to fund President Biden’s $3.5 trillion “Build Back Better” social and economic spending package...

California Privacy Protection Agency Seeks Comments on Preliminary CPRA Issues
Buchalter, September 2021

September 29, 2021 By: Jennifer Guerrero The California Privacy Rights Act of 2020 (“CPRA”) established a new state privacy regulatory agency, the California Privacy Protection Agency (“Agency”), which is responsible for issuing regulations implementing the CPRA (along with enforcement authority)...

Summary of New Guidance on COVID-19 Vaccine Mandate
Schwabe, Williamson & Wyatt, September 2021

Summary On September 9, 2021, President Biden issued his Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Executive Order”) that, when implemented, will require most federal contractors to comply with all guidance for federal contractor and subcontractor workplace locations published by the Safer Federal Workforce Task Force (see www.saferfederalworkforce.gov)...

 

 

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