Having elapsed the period contemplated for the transitory regime of Law No. 21,934, published on November 30, 2021 (the "Law"), by means of which a set of reforms to the justice system were introduced, the permanent regime provided by the Law, whose general rule is attendance regime, notwithstanding the exceptions contemplated by the Organic Code of Courts, is now in force. The main provisions of the permanent regime may be found in ours News Alert 454 and News Alert 453 ...
The Supreme Court (“Hof van Cassatie/Court of Cassation”) overruled on 26 May 2023 a decision that determined that Article 1722 (old) Civil Code (a partial or total “destruction” of the leased premises) does not apply for the tenant that can not operate its premises due to the measures taken by the Belgian Government in order to prevent the spread of the COVID-19 pandemic, because there was only a temporary impossibility and thus only a temporary loss of enjoyment ...
In the meantime, many individuals and families with significant wealth have seen their fortunes grow considerably despite these crises. In this environment, misassumptions may readily run rife ...
A key quality for a successful attorney, leader of an organization, claims professional or human resource professional requires effective negotiation skills to resolve conflict and disputes. Negotiating over 1,000 such disputes as an attorney and mediator has been a tremendous education on how to successfully resolve disputes and conflict ...
A recent Court of Appeal case has cast doubt on the value of such 'non-waiver' clauses. When a party to a contract waives a breach of that contract by the other party, it voluntarily abandons its legal rights to enforce the contract, or to claim any remedy, in relation to that breach. A waiver must be clear, but may be oral or written. Importantly, a waiver need not be express, but can be inferred from a course of conduct ...
The federal securities laws require public companies to make and keep detailed and accurate “books, records, and accounts.” One might assume that a securities law relating to books and records covers materials used in the preparation of financial statements. But in practice, the U.S. Securities and Exchange Commission applies a much broader definition that seems to encompass every piece of paper and data in a company’s possession ...
INTRODUCTION In one of his last speeches as Attorney General of the United States, Jeff Sessions proudly boasted: “We are sending a clear message to criminals across the country: we will find you. We will bring you to justice. And you will pay a very high price for what you have done.” This type of rhetoric is often reserved for serious criminal offenders ...
When Congress passed the Families First Coronavirus Response Act ("CRA"), it left much for the U.S. Department of Labor ("DOL") to explain. The DOL has started offering vital interpretations employers need to consider in making decisions over the next few weeks. 1. When does the CRA become effective? April 1, 2020. 2 ...
Introduction On February 1, 2023, Minister of Justice Simon Jolin-Barrette introduced and tabled in the National Assembly Bill 8 entitled An Act to improve justice efficiency and accessibility, in particular by promoting mediation and arbitration and by simplifying civil procedure in the Court of Québec1 (hereinafter the ?Bill?). The Bill makes amendments to several laws, including the Courts of Justice Act2 and the Professional Code ...
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 ...
Unlike in federal court, it is unclear in Florida state courts when the duty to preserve evidence arises. Ostensibly, under Florida law, there is no legal duty to preserve evidence until a discovery request is made. While there is no doubt that a party can be sanctioned for failing to preserve evidence after it has a duty to do so, several Florida courts have sanctioned parties for failing to preserve evidence even when there was no such duty under Florida law ...
On November 27, 2020, mainland China and the Hong Kong Special Administrative Region (“HKSAR”) signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (the “Supplemental Arrangement”) ...
With increasing numbers campaigning for Britain to leave the EU, ever closer union is looking ever more uncertain. Opinion about the positive and negative aspects of Britain remaining within the EU is diverse. Whatever decision is made, companies need to be prepared for the potential outcomes. This article looks at the likely impact of the referendum (whatever its outcome) and provides some positive steps for companies to take ...
It's that time of year again – CLE Compliance season! With the impact of COVID-19, we know many of our clients have found it challenging to meet their annual CLE requirements. Bradley is pleased to offer you a complimentary, online CLE addressing key topics with thought-leading speakers from inside and outside of Bradley. This CLE program includes 1 ethics hour and 2 general hours ...
The Construction Industry Payment and Adjudication Act 2012 (“Act”) was introduced to address cash flow issues affecting contractors in the construction industry as a result of delays and/or lengthy periods of payment under construction contracts. Under the Act, an unpaid party [1] is entitled to initiate an adjudication proceeding in order to claim any amounts due and/or owing to them under a construction contract ...
The Court of Session has considered whether court proceedings can be raised to interrupt time bar, despite a contractual provision requiring adjudication before litigation. The issue Construction contracts often provide a hierarchy of dispute resolution processes. Before a party is permitted to litigate (or arbitrate), it is often required to attempt to resolve the dispute through another method (or methods) of dispute resolution ...
In a highly anticipated decision, the U.S. Supreme Court held Title VII of the federal Civil Rights Act protects LGBTQ employees from being fired because of their sexual orientation or gender identity. The opinion, released on June 15, 2020, was a consolidation of three federal appellate court decisions—Bostock v. Clayton County; Altitude Express v. Zarda; and R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission ...
It has been some time since there has been talk about bonfires in Parliament but the continued debate (albeit largely outside of the Chamber thus far) as to when we should finally say 'farewell' to 'retained' EU legislation is one that many of us are watching with interest. When originally introduced, the suggestion that some 4,000 pieces of legislation would essentially evaporate by the end of this year caused something veering between confusion, concern and, let's be honest, disbelief ...
On 7 February 2018, a new specialist International Chamber within the Paris Court of Appeal was launched by the French Ministry of Justice together with the Paris Bar Association. The chamber is intended to deal with international commercial matters governed by French as well as foreign law, and the use of English as well as certain common law procedures will be permitted ...
Two new categories of tax-exempt bonds were created by the Infrastructure Investment and Jobs Act (H.R. 3684) (the Act) adopted by the House on Nov. 6, 2021: “Qualified Broadband Projects” and “Carbon Dioxide Capture Facilities ...
A recent opinion, 731 Market Street Owner, LLC v. City and County of San Francisco (Cal. Ct. App., June 18, 2020, No. A154369) 2020 WL 3285962 (“731 Market Street Owner”), issued by a California Court of Appeal in San Francisco provides some relief to San Francisco building owners ...
In a small victory for landlords of bankrupt tenants, the Bankruptcy Court for the Southern District of Texas has ruled that the Chuck E. Cheese parent company may not use its bankruptcy filing to avoid paying its rent. The COVID-19 pandemic and related stay-at-home orders have prompted numerous retailers and restaurants to seek bankruptcy protection. Many of those companies successfully used the bankruptcy process to obtain relief from their rental obligations ...
A recent New York federal court decision has called into question whether businesses may safely rely on Department of Labor guidance regarding the recently passed Families First Coronavirus Response Act (FFCRA). The FFCRA provides employees of businesses with fewer than 500 employees with two temporary forms of paid leave—Emergency Paid Sick Leave and Emergency Family and Medical Leave ...
By: Joshua M. Robbins, Michael C. Flynn, and Robert S. Gillison The past decade has taught lenders much about regulatory enforcement risk. In the fallout of the 2008 financial crisis and collapse of the housing and related markets, the Department of Justice and other agencies aggressively stepped up investigations of lenders seen as complicit in the misconduct of borrowers and others ...
Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the country have implemented stay-at-home orders and mandated closures of businesses and restaurants to lower the spread of the disease. California, after having permitted much of the state to reopen businesses, has seen a recent spike in COVID-19 cases and on July 13th implemented a new statewide order to curb the increase, reimposing certain business closures ...
