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Shoosmiths LLP | October 2022

All employers in the UK have a responsibility to prevent illegal working which is done by undertaking simple right to work checks before an employee commences employment. 1. Why do employers need to know what IDSPs are? All employers in the UK have a responsibility to prevent illegal working which is done by undertaking simple right to work checks before an employee commences employment ...

Carey Olsen | October 2022

What is the ROE? The ROE is a UK wide register created through the Economic Crime (Transparency and Enforcement) Act 2022, administered by the Registrar of Companies for England and Wales. A key aim of the legislation is to obtain and record details of property located anywhere in the UK held by overseas entities as well as to ascertain details of the beneficial owner(s) of such overseas entities ...

ENSafrica | October 2022

Alleged base erosion and profit shifting activities of multinational enterprises (“MNEs”) have been a hot issue globally and therefore the chances of an MNE being confronted with a transfer pricing audit have increased substantially over the last few years ...

ENSafrica | October 2022

On 6 October 2022, as part of the ongoing work of the OECD/G20 Inclusive Framework (“IF”) on Base Erosion and Profit Shifting (“BEPS”) to implement the Two-Pillar solution to address the tax challenges arising from the digitalisation of the economy, the OECD released its progress report for comment. Background The report was prepared for the purposes of obtaining further input from stakeholders on the administration and tax certainty aspects of Amount A ...

Dinsmore & Shohl LLP | October 2022

In February of 2022, during his State of the Union Address, President Biden announced an action plan to improve the safety and quality of care in the nation’s nursing homes.[i] On October 21, 2022, Centers for Medicare and Medicaid Services (CMS) announced new requirements to help with oversight of facilities selected to the Special Focus Facilities (SFF) Program ...

Republic Act No. 9003, also known as the Ecological Solid Waste Management Act of 2000, is a landmark environmental legislation designed to meet the country’s waste management problems. It requires local government units to achieve 25% waste reduction through re-using, recycling, and composting activities and other resource recovery activities. However, two decades after its enactment, solid waste management remains to be a major challenge ...

Dinsmore & Shohl LLP | October 2022

Recently, President Biden announced an executive order to pardon all federal marijuana possession charges. The President also urged governors to do the same at the state level saying, “Just as no one should be in a federal prison solely due to the possession of marijuana, no one should be in a local jail or state prison for that reason, either.”  While President Biden’s pardons signal a step toward overhauling U.S ...

Buchalter | October 2022

  A Campaign Contribution of More Than $250 Could Trigger Disqualification from Voting on the Donor’s Project for 12 Months Current Law In 1982, the California Legislature added Section 84308 to the Political Reform Act ...

International Business Machines Corp. v. Zillow Group, Inc. et al., Appeal No. 2021-2350 (Fed. Cir. 2022) In this week’s Case of the Week, the Federal Circuit affirmed a Rule 12(c) judgment on the pleadings that IBM’s U.S. Patent Nos. 9,158,789 (the ’789 patent) and 7,187,389 (the ’389 patent) are drawn to patent-ineligible subject matter under 35 U.S.C. § 101 ...

ALRUD Law Firm | October 2022

Please be informed that new Federal Law No. 332-FZ (“Law”) was passed on 14 July 2022 allowing the landlords to claim from the tenant the average monthly rent or to terminate the lease if the tenant's commercial activities are suspended. The Law establishes specific conditions under which the average rent could be claimed, imposes restrictions on landlord's right to terminate the lease agreement if foreign control over the lessee is terminated ...

Under the Renewable Energy Act (Republic Act No. 9513) (the “RE Act”), it is a policy of the state to increase the utilization of renewable energy (“RE”) by institutionalizing the development of national and local capabilities in the use of RE systems ...

Mamo TCV Advocates | October 2022

  The Covid-19 pandemic has played an important role in shaping labour markets by accelerating the growth of digital labour platforms which have in turn brought a number of challenges ...

Mamo TCV Advocates | October 2022

  We are pleased to issue our second edition of the Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space ...

Shoosmiths LLP | October 2022

In the recent case of R v Andrewes [2022] UKSC 24, the Supreme Court considered whether stripping the Defendant of their earnings would be disproportionate when considering the financial benefit obtained by CV Fraud. This article takes us through the facts of the case and Lauren Bowkett, a Principal Associate in the Business Crime and Compliance team, comments on the recent Supreme Court Judgement ...

Shoosmiths LLP | October 2022

The European Council of the EU gave formal approval to the Digital Services Act (DSA) on 4 October 2022, which is the most significant update to the legal framework on digital services since the adoption of the E-Commerce Directive in 2000. The focus of the DSA is to improve user safety online by regulating online content, advertising and product sales ...

Shoosmiths LLP | October 2022

In another helpful judgment for defendant organisations handling large amounts of personal data, Driver v CPS provides guidance on the quantum of data breach claims where the claimant has suffered distress but not provided medical evidence. The court awarded £250 as the data breach was at "the lowest end of the spectrum", which may indicate where the de minimis threshold for such cases lies and is often a hotly contested point in data breach claims ...

Simonsen Vogt Wiig AS | October 2022

Loan facilities and bond loans usually include financial covenants, which are financial metrics the borrower/issuer need to comply with during the term of the financing agreement. The Norwegian market is dominated by maintenance covenants, which means the covenants must be complied with at all times. Over the course of a few months, geopolitical unrest, high inflation and prolonged supply chain issues have led central banks to increase interest rates and lenders to increase their risk margins ...

Dinsmore & Shohl LLP | October 2022

On October 19, 2022, the Equal Employment Opportunity Commission (“EEOC”) released the “Know Your Rights: Workplace Discrimination is Illegal” poster, replacing the “EEO is the Law” poster. The “Know Your Rights” poster provides updated guidance on federal anti-discrimination laws to applicants, employees, and employers.  Covered employers are required to prominently display the “Know Your Rights” poster at their worksites ...

Female attorneys are leaving the practice of law. Although this isn’t a new problem, it’s a problem that has plagued the legal profession for decades. Many departures go unexplained and leave legal employers reeling. While answers may be hard to come by, I suggest that legal employers look to an unlikely source for information: TikTok. TikTok is a social media networking platform that allows users to post short-form videos ranging from 15 seconds to several minutes ...

Hanson Bridgett LLP | October 2022

On October 17, 2022, the California Court of Appeal, Fourth Appellate District, Division 3, issued a decision in Golf & Tennis Pro Shop, Inc. v. Superior Court holding that interrogatory responses containing a combination of unverified factual responses and objections only trigger the 45-day clock to bring a motion to compel when the responding party serves its subsequent verifications ...

Carey Olsen | October 2022

The Supreme Court's judgment is a landmark decision of significant importance in the arena of company law and directors' duties ...

DFDL | October 2022

Companies operating in Myanmar have been deeply affected by the present economic downturn due to several factors, ranging from pandemic to political. The economic downturn has led many companies in Myanmar to consider possible restructuring options. DFDL Myanmar has helped many companies navigate the economic downturn, whether through the M&A process, suspending/hibernating (including mothballing) operations or winding up as a last resort ...

Shoosmiths LLP | October 2022

Investment Zones are a lot like Freeport tax sites, arguably with more benefits, so are they friend or foe to Freeports? Background Liz Truss pledged to boost growth with “full-fat” Freeports as part of her leadership campaign in July 2022 and it sounded like all systems were finally go for Freeports ...

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