Over a year ago, Congress amended the Bankruptcy Code to create Subchapter V, with the intent of encouraging small businesses (defined as those with less than $2,725,625.00 in debt) to file reorganization plans more often by saving certain costs of a routine Chapter 11. Congress then passed the CARES Act in response to the COVID-19 pandemic, raising the debt limit to $7,500,000.00 ...
On March 26, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Patent Office’s rejection of the claim of a design patent continuation application, bringing some degree of clarity to the practice of claiming a portion of a previously-claimed design while seeking priority to the filing date of the previously-claimed design. In re Owens, No. 2012-1261 (Fed. Cir. March 26, 2013). In the case, Timothy S. Owens et al ...
In its judgement delivered on 14th June 2023 in the names of Marco Aquilina & Euro Concrete Blocks Limited vs. Ir-Registratur tal-Kumpaniji, the Civil Court (Commerce Section), presided over by Mr. Justice Ian Spiteri Bailey, decided in favour of the plaintiffs, who successfully challenged the payment and settlement of various alleged administrative penalties imposed by the Registrar of Companies. The pertinent facts of the case are as follows ...
Last month, the UK Financial Conduct Authority (FCA) published its "Regulatory Sandbox – Lessons Learned Report". In the Report, the FCA evaluated the progress of the UK financial regulatory sandbox during its first year of operation and tentatively concluded that the initiative has so far been a success ...
Family businesses underpin the Scottish economy and most have endured a particularly turbulent few years. While many businesses have sadly struggled, others have adapted, and family businesses, in particular, have demonstrated a remarkable resilience and ability to positively respond to the market in these uncertain times ...
In a recent case involving a health care facility, the NLRB issued a 3-1 decision that significantly changed a successor employer's bargaining obligations before imposing the initial terms and conditions of employment on a unionized workforce. While seemingly favorable to employers, the decision also serves as a reminder to companies that they should act cautiously and consult with counsel before they take over a business with a unionized workforce ...
On 14 July 2006, the Hong Kong and Mainland China Governments signed a ground-breaking agreement, rather lengthily entitled "An Arrangement on Reciprocal Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region pursuant to Choice of Court Agreements between Parties Concerned" (Arrangement), under which they agreed to recognise and enforce judgments made in each others courts ...
In our July 2006 legal update, we reported on a ground-breaking agreement (Agreement) signed by the Hong Kong and Mainland China Governments, under which they agreed to recognise and enforce judgments made in each others courts. Legislative changes are now underway in Hong Kong in order to implement the Agreement ...
Corporate income tax Residences Companies tax resident in Guernsey are subject to income tax on their worldwide income ...
On March 25, 2020, the U.S. Senate voted to approve the Coronavirus Aid, Relief, and Economic Securities (CARES) Act, an economic stimulus package addressing the impact of the COVID-19 pandemic (the “Act”). The U.S. House of Representatives is expected to approve the Act in its current form, with the President signing it into law shortly thereafter ...
Note: the complete text of the Military Ordinance no. 2/2020 can be found here. Following the increase of number of persons infected with Covid-19 and in an effort to strengthen the measures for preventing the spread of the virus, by keeping the social distance avioding unnecessary travel, in the evening of 21 March 2020, Military Ordinance no. 2/21.03.2020 was published in the Official Gazette no. 230/21.03.2020 ...
With respect to the situation caused by the pandemic and its possible data protection impacts, please find below a summary of the statement of the European Data Protection Board (EDPB) on the processing of personal data in the context of the COVID-19 outbreak, issued on 19 March 2020. The EDPB starts by emphasizing that “[d]ata protection rules (such as the GDPR) do not hinder measures taken in the fight against the coronavirus pandemic ...
From the legislator, it is relevant to draw attention to the new rules on remote court sessions and remote examination. The rules are based on the principle that court proceedings in Norway shall take place in a meeting where the participants are physically present. However, the preparatory works maintains that it’s time to make these regulations more flexible, to ensure appropriate, modern and efficient court proceedings ...
Panama, 24 July 2020. By means of Rule JD-01-2020, published in the Official Gazette No. 29076 of 24 July 2020, the Superintendence of Non-Financial Regulated Persons (SNFR) has established a set of rules and obligations imposed to attorneys and accountants whenever they incur in any of the regulated activities under Law 23 of 2015, which relates to prevention of money laundering, financing of arms of mass destruction and financing of terrorism ...
A team led by Dr. Guido Hoffmann, LL.M., has been involved in structuring the transaction, corporate, labor and commercial law in a takeover offer for the German wheel manufacturer Uniwheheels Questions and due diligence. The takeover offer is valid for 100 percent of the outstanding Uniwheheels shares and takes place with the consent of the owner of 61 percent of the shares. The takeover is conditional on Superior acquiring at least 75 percent of the shares in Uniwheels AG ...
Unexpectedly, Home Office guidance Employer’s guide to right to work checks has been updated to expand on the required steps for employers who are taking on an individual to carry out ‘supplementary employment’. It now helpfully gives clarification on what steps should be undertaken to ensure that right to work checks for this category of employees are done correctly ...
According to a 2017 report, more than half of the companies that have Black owners are turned down for loans—a rate twice as high as white business owners.[1] Even when Black business owners get approved for bank loans, their rate of failure to receive full financing is the highest among all categories by more than 10% ...
Employers are likely to have experienced some of their employees losing a baby before the 24 week mark. Employees may have been open about it with their employers; others may not have been especially if their pregnancy was in the early stages. The Government has just launched a new scheme for parents who experience a loss of pregnancy before 24 weeks. The scheme went live at 9am on 22 February 2024 and allows parents in this situation to request a baby loss certificate ...
Josh Cavallo has demonstrated enormous bravery by becoming the only current male professional footballer to come out as gay. We consider how employers can foster a workplace environment that is supportive of LGBTQ+ employees who choose to come out. This week Josh Cavallo of Adelaide United showed incredible courage by publicly announcing his sexuality ...
Sir Andrew McFarlane, President of the Family Division gave an address to the Jersey International Family Law Conference on 8 October 20211. With three years of his term remaining, he set out two areas where he intends on devoting additional time. The first is ‘transparency’ in the Family Court and the second is the resolution of Private Law disputes between parents regarding the care arrangements for their children after separating ...
Recent surveys have revealed the shocking statistic that 90% of breastfeeding mothers are forced to use a toilet or are not provided with a suitable space to express their breastmilk at work. We look at what employers can do to rectify this issue in order to offer the appropriate level of support to new mums. Returning to work following maternity leave can be a daunting prospect, particularly if this is the first time that an employee has been apart from their baby for long periods of time ...
As the Novel Coronavirus (COVID-19) continues to spread across the world, we would like to reassure you that DFDL takes the needs and well-being of our clients, our people and local communities seriously. We have enacted plans across our offices to deliver uninterrupted service to our clients and we are monitoring the situation on a daily basis. All members of DFDL remain ready to serve client needs and DFDL offices remain open, when allowed by local authorities ...
In a decision contrary to current Patent and Trademark Office (“PTO”) rules, the United States Supreme Court has found the mark BOOKING.COM as a whole is not generic and that combining a generic term with “.com” does not necessarily result in a composite term that also is generic. Background Booking.com B.V. (“Booking.com”) sought to federally register the mark BOOKING.COM, and related variations, for travel services ...
