The story of the Captain Tom Foundation reinforces the basic point that a charity should not be established for the purpose of making money for private gain, even if that would not be the only reason for setting one up. For those of us who have been sitting in a tin can far above the world, by way of a brief recap in April 2020 Captain Tom inspired the nation, completing the challenge of walking 100 laps of his garden whilst recovering from illness and in tribute to the NHS ...
The temporary telehealth flexibilities that Medicare patients and providers have become accustomed to since the COVID-19 pandemic are set to expire December 31, 2024. The Consolidated Appropriations Act of 2023 extended many pandemic era flexibilities ...
In this edition, we offer a diverse range of content: First, we present an update on an upcoming case before the Supreme Court concerning section 36 of the Contracts Act. We will also provide some insights from a recent Supreme Court ruling on the insurance condition regarding sudden and unforeseen physical damage. Additionally, we discuss significant takeaways from the appeals judgment in the Dutch Shell case ...
In a decision rendered on September 16, 2024,1 the Administrative Labour Tribunal (the ?ALT?) found that a company (the ?employer?) had violated the Charter of the French language2 (the ?CFL?) by requiring knowledge of languages other than French as part of a hiring process. This is one of the first decisions ruling on the new complaint mechanisms introduced by Bill 96, An Act respecting French, the official and common language of Québec3 (?Bill 96?), aimed at amending the CFL ...
On Friday, 29 November 2024, GN. 5588 was published inGovernment GazetteNo. 51657, in terms of which the Chief Inspector, in terms of the power delegated to the Chief Inspector by the Minister of Employment and Labour in terms of section 42(1) of the OHASA, gave notice: that the National Code of Practice for Training Providers of Lifting Machine Operators published in the Government Notice R539 of Government Gazette No ...
The outcome of the May 2024 elections marked a significant milestone in our country’s history following President Ramaphosa’s announcement to establish a ‘Government of National Unity’. Nevertheless, as is routine in the aftermath of elections, the Electoral Commission of South Africa was quickly faced with numerous complaints and objections lodged by various parties and individuals largely relating to the manner in which the voting process was conducted ...
InAfrican Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others, the Supreme Court of Appeal (“the SCA”) set aside an issued permit to conduct activities in respect of genetically modified organisms (“GMOs”) and remitted the decision to approve the GMO back for reconsideration ...
InMinister of Department of Rural & Land Reform and Others v Thamsanqa Davis Bisset, the Supreme Court of Appeal (“the SCA”) upheld an appeal against a High Court order setting aside a settlement agreement in terms of section 42D of the Restitution of Land Rights Act 22 of 1994 (“the Act”) and dismissed the application that served before the High Court ...
The Information Regulator has published a newGuidance Note on Direct Marketing(“Guidance Note”) under the Protection of Personal Information Act, 2013 (“POPIA”) outlining its views on the legal requirements for processing personal information for direct marketing. In this article, we touch on key points outlined in the Guidance Note: Does the Regulator give clarity about what communications section 69 applies to? Yes ...
With year-end fast approaching, many employers may find themselves in a difficult position, faced with a surge of resignations. This trend can disrupt business operations, especially during a critical time when companies are wrapping up annual projects, entering peak business season or planning for the new year. Many employers mistakenly believe that they have the right to refuse to accept resignations ...
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against enforcement of the Corporate Transparency Act (“CTA”).[1] The CTA, and its Reporting Rule, were set to require approximately 32.6 million existing reporting companies to file beneficial ownership information (“BOI”) reports with FinCEN by January 1, 2025 ...
To implement its November 2023 final rule on ownership transparency for skilled nursing facilities (“SNFs”), the Centers for Medicare and Medicaid Services (“CMS”) has updated its Medicare enrollment application for institutional providers (“CMS-855A”) ...
The Employment Rights Bill seeks to bring about seismic change to the employment law landscape, requiring employers to adapt their current practices and policies. Our latest webinar focused on the key provisions of the Bill and how these will impact on current practices and procedures. We also looked at what further changes may be coming down the line and what steps organisations can take to prepare for them ...
HR teams have a lot on their plate, but a key priority for 2024 is undoubtedly protecting the employee brand proposition. Our 2024 online programme is focused on supporting HR teams to do just this, equipping them with the tools they need to protect the employee brand proposition of the organisations they work for. Our latest webinar focused on what organisations need to do to respond to workers who blow the whistle ...
Bermuda Insurance Litigation Guide 2025 (Chambers) Contents Rules governing insurer disputes Jurisdiction and choice of law Arbitration and insurance disputes Coverage disputes Claims against insureds Insurers’ recovery rights Impact of macroeconomic factors Emerging risks Significant legislative and regulatory developments 1 Rules governing insurer disputes 1 ...
On December 2, 2024, the U.S. Citizenship and Immigration Services (“USCIS”) announced it had received enough H-1B petitions to reach the statutory H-1B visa cap of 65,000, plus the 20,000 “master’s cap” for applicants with a U.S. master’s degree. Registrants who have not yet been selected will be sent non-selection notices through the online system ...
Just seven weeks after the 158-page Employment Rights Bill was introduced into Parliament, the House of Commons issued a 53-page paper full of various proposed amendments to the Bill. Almost all of them are government led, made by Justin Madders, Parliamentary Under Secretary of State (Department for Business and Trade). We consider below some of the key amendments proposed by Mr Madders and other Labour MPs ...
Carey Olsen's FinTech practice ranked Band 1 in Chambers 2025 guide The firm's Bermuda and Jersey FinTech practices have retained their Band 1 position, as have partners Steven Rees Davies (Bermuda), Chris Duncan (Cayman Islands) and Christopher Griffin (Jersey). Steven Rees Davies is praised in the guide as being "able to understand FinTech regulatory detail beyond the words that are written and from the client's perspective" ...
Although subcontractors can bring a wealth of specialisation and expertise into technical construction projects, contractor chains are also often associated with social dumping and the exploitation of workers. Complex and lengthy contractor chains are sometimes artificially created to make non-genuine posting set-ups less visible ...
The Office of the Small Business Commissioner has announced the New Fair Payment Code. This is now open for businesses to apply to the new Code and it replaces the Prompt Payment Code which was introduced in 2015. Following on from our article on Payment Terms in Supply Chains (Payment Terms – what are the current rules and those coming down the track), we now have clarity on what is included in the new Fair Payment Code ...
In case number 4109/JHP decided on 25 November 2024, the Industrial Tribunal upheld the dismissal of a former employee by a Company, determining that the termination was lawful and justified. The case centered on the employee, who had served as a Senior Customer Support Agent, and whose ongoing mental health challenges and resulting inability to perform his duties led to his dismissal ...
The European Blockchain Sandbox (the ‘Sandbox’) is a pan-European dialogue between innovators who come up with particularly interesting, original and useful applications for blockchain technology, and the relevant regulatory authorities that would be involved in such a project. The Sandbox is running from 2023 to 2026 and each year is supporting 20 use cases on the European Blockchain Services Infrastructure (EBSI) ...
Stay up-to-date with the ****latest developments in labour law related to employee remuneration****. These updates are essential for ensuring accurate payroll calculations, particularly in cases of employment termination, and for aligning local regulations with current legal requirements. New Minimum Wage Effective January 1, 2025, a revised minimum wage for a standard monthly work schedule will come into force ...
Siri comes to us from her role as a private practice lawyer at Legal in Stavanger. With more than two decades of experience as a corporate lawyer, she has worked with major international entities in the oil and gas sector, including Aker Solutions, Subsea 7, Aibel, and Archer. Additionally, Siri led the contracts and legal department for Acergy’s Asia and Middle East region in Singapore for a period ...
Family offices which choose to manage their global investments from Malta have been given a new legal exemption through a recent amendment in the applicable investment services rulebook of the Malta Financial Services Authority (“MFSA”). On the 27th of November 2024, the MFSA issued a circular titled “Establishment of Single Family Offices in Malta” ...
