In recent months, high profile M&A warranty claims1 and falling premiums have dramatically increased the utilization of "representations and warranty insurance" (RWI), also known as "warranty and indemnity insurance," in mergers, acquisitions and related transactions. By one account, demand for transactional risk insurance policy limits in North America grew by eighty-six percent (86%) in 2012 ...
Earlier this month, the DFDL Employment & Labour Team organized a well-attended webinar on Workforce Restructuring in Cambodia, Lao PDR, Myanmar, Thailand & Vietnam. Our experts shared their insights with the audience on ways to minimize COVID-19 related labour challenges in compliance with local law as well as practical steps and considerations when implementing options available to employers to cut down labor costs in each jurisdiction ...
The financial services sector had a busy 2020 for many reasons, and the UK’s 2021/22 financial year promises to bring further developments. In this article, we take a look at the changes expected in banking, finance and asset management. 1. Brexit The loss of passporting rights was a key consequence of the Brexit deal from a financial services perspective ...
COVID-19 cases are down and vaccinations are up, but 2021’s developments continue at a fast and furious pace. With a new administration in place, new legislation taking effect, and the ever-changing considerations of a pandemic-era workplace, employers may find their heads spinning with where to focus and how to build priorities. Below are some of the top areas that are requiring additional thought and focus these days. 1 ...
The end is near. 2018 is fast coming to a close, and it is that time of year when corporate lawyers are counting—not the number of shopping days left until Christmas, but the number weeks, days and hours left before the end of the fiscal year. Admittedly, in the scramble to close deals, insurance requirements and indemnity provisions may not be at the top of the list of critical deal points for clients and counsel ...
COVID-19 has sent many employers into a workforce management tailspin. Laws, regulations, and recommendations change daily, and as the pandemic continues to affect the workplace, the risk of legal complacency increases. The list below identifies the top 10 mistakes for employers to avoid during the COVID-19 pandemic. Mistake 1: Failing To Prepare and Update a COVID-19 Response Plan ...
In a recent decision by the Court of Appeal of Québec, the Honourable Jacques Chamberland, J.C.A. reviewed the application of exclusion clauses contained in a home insurance policy in the context of criminal activities1. THE FACTSThe Appellant, Union canadienne compagnie d’assurance insured the building of respondent, Mrs. Lise Houle and her spouse, Christian Alexandre. The latter was growing cannabis in the insured building ...
The United States Supreme Court has recently armed employers with two new defenses while settling an issue that may otherwise have been of fairly limited direct interest to most employers. The Court resolved a recent circuit split – the issue was largely resolved until 2009 regarding whether pharmaceutical representatives qualified as outside salesmen under the Fair Labor Standards Act ...
The Employment Appeal Tribunal (EAT) has held that legal privilege does not apply retrospectively to an original version of a report produced before legal advice was sought ...
On September 22, 2020, the U.S. Department of Labor (DOL) released its first-ever proposed rule outlining a test for when a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). In its proposed rule, the DOL has created a new framework for the well-established “economic reality” independent contractor test ...
A Manitoban plaintiff has filed a class action lawsuit against the homegrown delivery service company, Skip the Dishes, reviving the debate over whether contractors for online services are truly independent contractors or are actually employees entitled to protection under employment standards legislation. Skip the Dishes operates an Uber-style online service that connects restaurants and hungry customers by facilitating food delivery through its website and mobile apps ...
Under RERA, the promoter of a real estate project is obliged to obtain the requisite insurance policies required to secure the development of project and insurances as may be notified by the government. The lack of transparency and uniformity in the Indian real estate market has done little to entice insurance companies from tapping into lucrative land deals and developing insurance products for the real estate sector ...
Over the last 18 months, nearly everyone has experienced increased stress as once simple decisions about day-to-day routines became more complicated, going to work and school became a potential health risk, and many families experienced financial hardship. Stress associated with the pandemic has exacerbated mental health impairments and other conditions triggered by stress and led people to seek professional help for their struggles ...
As Seen in Law360 Last month, the U.S. District Court for the Eastern District of Michigan issued its opinion in Roseman v. International Union, United Automobile, Aerospace and Agricultural Implement Workers Of America.[1] ruling in favor of the employer, Fiat Chrysler Automobiles US LLC, and the union, known as United Auto Workers, or UAW ...
The Home Office has published a timeline for the implementation of measures to reduce net migration over the next 2 months. 6 February 2024 Immigration Health Surcharge will increase by 66% to £1,035 per year: Update: Confirmed date for increase to Immigration Health Surcharge (shoosmiths.com). 11 March 2024 Care workers and senior care workers will no longer be able to bring dependants ...
Deadlines loom, as changes to rules on the rights of EEA and Swiss citizens to live and work in the UK are fast approaching. With many developments to keep apace of, we have highlighted the key dates and points which employers need to mark in the diary. 1 ...
Dismissals for misconduct are required to be for a fair reason and in accordance with a fair procedure. A fair procedure entails that disciplinary action be taken within a reasonable period of time. In the recent decision inStokwe v Member of the Executive Council: Department of Education, the South African Constitutional Court highlighted this procedural requirement that disciplinary action must be taken within a reasonable period of time ...
The National Labor Relations Board (“NLRB”) is finally moving towards its full complement of five members. On March 27, 2010, President Barack Obama made two recess appointments (a procedure not requiring legislative approval), increasing the NLRB’s membership from the two that have been serving the past couple of years to four members. The appointments still leave the NLRB one member short; however, three members constitute a quorum that can unquestionably decide cases before the Board ...
Rail firms have announced proposals to close hundreds of ticket offices across England and Wales over the next three years, potentially creating redundancy situations. Could the offer of alternative roles provide a way of avoiding redundancy dismissals? When does a redundancy situation arise and what obligations does an employer have? Redundancy is one of a limited number of potentially fair reasons for which an employer can dismiss an employee ...
In August 2023, we reported on the government’s announcement of an increase to civil penalty fines for employers and landlords who employ or let properties to foreign nationals who do not have the right to work or reside in the UK. The Home Office has now communicated that the increase to civil penalty fines for employers and landlords will come into force on 13 February 2024 ...
