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Carey Olsen | March 2024

Muted voices: can beneficiaries of a STAR trust be empowered to play "devil's advocate" In In the Matter of the G Trust[1] the Grand Court of the Cayman Islands was asked by the trustee of a Cayman STAR trust to give directions in relation to the question of who should participate, and in what capacity, in an application for rectification of a deed supplemental to the trust (the "rectification application") ...

Dinsmore & Shohl LLP | March 2024

On March 8, 2024, just days before it was set to take effect, U.S. District Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s (“NLRB’s”) recent rule on determining the standard for joint-employer status. The NLRB issued the rule on October 26, 2023. It established a seven-factor analysis, under a two-step test, for determining joint employer status ...

Last month, special counsel Robert Hur issued a report detailing his reasons for declining to charge President Joe Biden for retaining classified documents from Biden's time as vice president. Regardless of one's views on its conclusions and underlying rationale, at least some of the report's significance results from the rare glimpse it provides into prosecutorial decision making. The report was delivered pursuant to special counsel regulations, but the U.S ...

Lavery Lawyers | March 2024

On February 12, 2024, the Court of Appeal of Quebec handed down its decision in Société d?assurance Beneva inc. c. Bordeleau,1 dealing in particular with the burden of proof incumbent on an insurer when it denies coverage on the basis of an insured?s intentional fault, and an award of damages against an insurer for breach of its duty of good faith. The facts This decision was rendered further to a dispute between Société d?assurance Beneva inc ...

ENSafrica | March 2024

In the recent judgment of John Mussington & Anor v. Development Control Authority & Others (Antigua and Barbuda) [2024] UKPC 3, the Judicial Committee of the Privy Council (“JCPC”) found that the appellants had standing to challenge the construction of an airstrip in Bermuda ...

Lavery Lawyers | March 2024

Quebec is a fertile ground for class actions, with over 550 active cases and between 50 to 100 applications for authorization filed each year. While 2023 marked the fifth anniversary of the ?new? class action division: what is there to watch in 2024? Read on to find out. Opioids and the State: Sanis Health v ...

Dinsmore & Shohl LLP | February 2024

In a 2023 trip and fall case, the United States District Court for the Middle District of Florida granted summary judgment in favor of Defendant Wal-Mart. Kozlowski v. Wal-Mart Stores E., LP, No. 5:21-cv-261-ACC-PRL, 2023 U.S. Dist. LEXIS 116861 (M.D. Fla. May 19, 2023). The plaintiff alleged that she tripped due to humps and ripples in a floor mat at the front entrance of the store ...

Shoosmiths LLP | February 2024

The recent decision to permit 45 million competition law claimants to claim against Meta has thrown fresh focus on the real risks posed to organisations after data breaches. Here, we discuss recent trends and make some predictions. Following the news that up to 45 million claimants under competition law have been given the go-ahead for a £2bn class action against Meta, many are thinking about what the real risk of class action litigation is after a mass data breach ...

Krogerus | February 2024

2023 was largely characterised by macroeconomic volatility and heightened geopolitical tension. Due to this, many companies are now facing unexpected legal disputes after finding themselves or their contractual counterparties in distressed situations. Disputes Day 2024 will therefore focus on Disputes and Distressed Parties. The event will be organised on 19 March and it aims to provide practical insights to help companies navigate the complexities of legal disputes ...

Carey Olsen | February 2024

Re Coinomi - Reconsidering the remedies for unfair prejudice Whereas the position at first instance (Re Coinomi [2022] EWHC 3178 (Ch)) had determined that a shareholder could not claim damages in favour of the company when invoking the statutory unfair prejudice jurisdiction, the appeal (reported as Ntzegkoutanis v ...

Dinsmore & Shohl LLP | February 2024

The Supreme Court of the United States recently unanimously reversed the 2nd Circuit’s ruling on an employee asserting a retaliation claim under the Sarbanes-Oxley Act (“SOX”). Now, employees asserting a retaliation claim under SOX need to only show that their protected activity was a contributing factor in the adverse employment action. An employee does not have to prove that the employer had retaliatory or discriminatory intent to prove retaliation under SOX ...

Afridi & Angell | February 2024

The Commission for the Unification of Federal and Local Judicial Principles (the “Commission”) recently issued a number of decisions aimed at harmonising certain “judicial principles”. Since the doctrine of stare decisis is not followed in the UAE, there have been instances of incongruities in the application of law by the UAE courts ...

Buchalter | February 2024

By: Stephen Best, Clayton Barnett, and Brian Adkins February 7, 2024 Whether you are a passionate supporter of college athletics or a casual sports fan, nearly everyone has heard the three letters, NIL. NIL (or name, image, and likeness) has quickly become part of the national sports lexicon ever since the United States Supreme Court opened the door for student-athletes to receive monetary compensation under National Collegiate Athletic Association v. Alston in 2021 ...

Buchalter | February 2024

By: Leah Lively and Alexandra Shulman The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things, the rounding is conducted in a neutral manner and, if any favor is shown, it benefits the employee. For example, using rounding, if an associate clocked in any time from 7:53 a.m. to 8:07 a.m ...

Carey Olsen | February 2024

Strengthened collaboration between BVI and PRC: a precedent of enforcing a PRC arbitral award Background In Window of Trade, the Claimant applied to the BVI Court to enforce the Award in favour of the Claimant. The Award required the Second Defendant to return 100% of the equity in the First Defendant, a BVI company, to the Claimant and to assist the Claimant in restoring its name to the register of members of the First Defendant. The Second Defendant opposed the enforcement of the Award ...

Lavery Lawyers | February 2024

Before delving into the topic, let?s begin with a definition. Official marks are statutory instruments specific to Canadian practice. They are not trademarks per se, but are treated similarly, because they are adopted and used by a limited group of organizations including universities, Canadian public authorities and Her Majesty?s Forces.1 In this article, we will be focusing on Canadian public authorities ...

Simonsen Vogt Wiig AS | February 2024

Since 2010, the Danish toy giant Lego has had a registered design right in the EU to the toy brick, commonly referred to as «the Lego brick»: Photo reference: View More

Lavery Lawyers | January 2024

On August 11, 2023, the Court of Appeal of Quebec handed down a decision in CFG Construction inc. c. R.,1 dismissing the appeal of the guilty verdict against an employer, CFG Construction inc. (?CFG?), for criminal negligence having caused the death of one of its employees. This decision serves as a reminder of the potential criminal liability of an employer, depending on its legal form, for the death or bodily injury of its employees in the workplace ...

Shoosmiths LLP | January 2024

The Court of Appeal confirmed that, on the proper interpretation of a reservation of rights clause, residential tenants had obtained a right to park on a private road outside their flats. In the recent case of Duchess of Bedford House RTM Co Ltd v Campden Hill Gate Ltd [2023] EWCA Civ 1470, the Court of Appeal has confirmed that, on the proper interpretation of a reservation of rights clause, residential tenants had obtained a right to park on a private road outside their flats ...

Dinsmore & Shohl LLP | January 2024

Introduction The United States Trustee Program is part of the United States Department of Justice and oversees the administration of bankruptcy cases, including oversight of panel trustees. When a bankruptcy court grants a motion to appoint a Chapter 11 trustee, the United States Trustee (“UST”) is responsible for selecting and appointing the individual who will serve in such capacity ...

Mamo TCV Advocates | January 2024

  Following an antitrust investigation, in 2017 the European Commission had fined Google LLC and Alphabet Inc. a record €2.4 billion for abuse of Google’s dominant position. In brief, it found that Google was self-preferencing, by presenting results from its own Google Shopping first upon a so called “Google search”. On appeal to the General Court, the fine was confirmed in 2021 ...