Last week, 49 state attorneys general announced a $49.5 million settlement with Blackbaud, Inc. (Blackbaud) over the software company’s data-security practices and its response to a breach in 2020 that exposed the personal information of millions of individuals. Blackbaud provides software solutions to nonprofit organizations, including charities, schools and healthcare agencies, to help them connect with donors and manage data about their constituencies ...
Executive summary The Board overturned the Court of Appeal's decision, holding that an aggrieved shareholder who has agreed to have disputes amongst the shareholders resolved by way of arbitration, must first have such disputes that fall within the ambit of the arbitration agreement determined accordingly before the threshold question of whether the company should be wound up on just and equitable grounds to obtain alternative relief may be addressed ...
On June 22, 2023, the federal government significantly expanded the reporting requirements for certain so-called avoidance transactions, in particular with respect to termination agreements.1 The new rules will make it easier for the Canada Revenue Agency (CRA) to detect certain avoidance schemes, conduct tax audits and issue notices of assessment and penalties more quickly when warranted ...
On 25 September 2023, in conjunction with the Prudential Regulation Authority, the Financial Conduct Authority published a consultation paper on diversity and inclusion in the financial sector. The proposals include measures to ‘support healthy work cultures, reduce groupthink and unlock talent’, in order to support the competitiveness of the UK’s financial services sector ...
World Mental Health Day is marked every year on 10 October to raise awareness about mental health issues around the world and to mobilise initiatives to support and protect everyone’s mental health. This year’s theme ‘mental health is a universal human right’ serves as a reminder that good mental health shouldn’t be considered a luxury; it’s a fundamental aspect of our wellbeing ...
As we navigate a rapidly changing digital landscape, upskilling our people continues to be a priority. In response, the innovators at MinterEllison developed Mintcoin, an internal crypto currency designed to reward participation in the firm’s Digital Academy program and innovation initiatives. We’re thrilled to announce that this initiative has secured MinterEllison a spot on the AFRs Most Innovative Companies list for 2023 ...
The Information Commissioner's Office (ICO) has recently issued updates to assist employers to deal with data subject access requests (DSARs) and workers’ health. Complaints on DSAR non-compliance against employers are on the rise. Between April 2022 and March 2023, the ICO received 15,848 complaints in relation to DSARs, resulting in penalties for organisations in breach ...
The regulatory landscape for AI, in the UK and beyond, is evolving rapidly, with proposed statutory regimes beginning to emerge from legislators across the globe (read more here). What, then, is the current position for employers? Overview of current regime There remains a notable gap when it comes to concrete principles of liability or accountability for AI-generated or -supported outcomes ...
The UK's recent advancements in AI governance have included the publication of an initial review by the UK's Competition and Markets Authority (CMA) regarding AI foundation models. The country’s antitrust watchdog has taken the lead in shaping certain principles, recognising the need to harness AI’s potential while avoiding the pitfalls of unchecked power in the hands of a few tech companies, at the expense of broader competition ...
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Jersey contracts are not subject to a general duty of good faith and mere silence, without more, cannot amount to a misrepresentation. These were some of the key outcomes of the Royal Court's decision in Hard Rock Limited and Anor v HRCKY Limited [2023] JRC 169. What happened? In 1999, Hard Rock sold to HRCKY the franchise rights to run a Hard Rock Café in the Cayman Islands. The franchise was initially a lucrative operation ...
S111A ERA 1996 allows an employer to conduct confidential discussions with an employee to agree terms for the employee’s exit. A decade on from the introduction of this provision, we consider its application in practice and why it remains underused ...
On September 28th, Law 21,614 of the Ministry of Labor and Social Security was published in the Official Gazette (hereinafter the “Law”), which establishes amendments to Law No.21,063, which Creates an Insurance for the Accompaniment of Children Suffering from Diseases as Indicated and Modifies the Labor Code for these purposes (hereinafter “SANNA Law”) ...
The UAE Cabinet recently issued Cabinet Decision 66 of 2023 (the Executive Regulations) concerning the executive regulations of the Federal Law 15 of 2020 on Consumer Protection (Consumer Protection Law). The Executive Regulations shall come into effect on 14 October 2023 ...
The Equal Employment Opportunity Commission (“EEOC”) has published a proposed "Enforcement Guidance on Harassment in the Workplace" for public comment. If finalized, this will mark the first time since 1999 that the EEOC has updated its guidance on workplace harassment ...
By: Jennifer M. Misetich and Michelle Lopez As with every new year, California employers may face an abundance of new laws that will regulate the workplace in 2024. Governor Newsom has until October 14, 2023 to approve or veto the bills discussed below. Unless otherwise noted, the proposed laws discussed below will go into effect on January 1, 2024. Employers should become familiar with these proposed laws to ensure they are ready for compliance ...
On 14 September 2023, the Fawcett Society published guidance on fertility at work. The guide, aimed at employers, was created in partnership with TotalJobs ...
The provision which currently allows live-in domestic workers to be paid less than the National Minimum Wage (NMW) is expected to be repealed by 1 April 2024; Will this mark the end of the au pair? The draft National Minimum Wage (Amendment) (No.2) Regulations 2023 have been laid before Parliament. This will repeal the existing provision which exempts many domestic workers who live in the family home from the NMW ...
In the latest edition of our HR Improve series, we set out the key matters that employers should consider when external circumstances mean that changes need to be made within the organisation. Six of one, half a dozen of the other, some might say. In any event, none of these are words that are gladly welcomed when they’re included in any corporate announcement, and referring to any of them will cause concern amongst the workforce ...
The Manchester Crown Court made an order confiscating a landlord’s rent under the Proceeds of Crime Act 2002 for breaching a planning enforcement notice. Manchester’s Curry Mile is home to one of the largest concentrations of Asian eateries in the UK. Until recently, the Mile had also been the home of ‘Dubai Café’ ...
The UK political temperature is rising. With a General Election in the offing next year, and Labour now ahead in opinion polling, UK business would be wise to consider what a change in government could mean for employment law. A recent indication of Labour’s current thinking on employment policy was given by Deputy Leader Angela Rayner, in her speech to the Trade Union Congress (TUC) on 12 September 2023 ...
Mamo TCV Advocates will once again be attending the Start Up Festival organised by Start in Malta. The 3rd edition of the Start Up Festival will be taking place between the 5th and 6th of October 2023 at the MFCC in Ta’ Qali. Feel free to get in touch with us to have a chat about our Start-Up Toolkit and the services we can provide to your start-up, including assisting you with navigating your legal and regulatory obligations, on [email protected] ...
