In this Review, we provide a summary of the most significant developments in employment law in Hong Kong throughout 2020 that you should be aware of. It also covers an outlook for 2021 in respect of the likely changes in employment law ...
Not surprisingly, COVID-19 business interruption insurance disputes dominated media headlines for most of 2020. Nonetheless, there were a number of other insurance rulings that will undoubtedly shape the coverage landscape. Policyholders enjoyed a number of significant wins including significant victories related to COVID-19 business interruption cases. The start of a new year gives us an opportunity to highlight some of 2020’s most notable coverage decisions ...
Parties in the process of arbitrating disputes, thinking of commencing arbitration, or even thinking of including arbitration provisions in a contract have been given a lot to think about, thanks to the changes introduced by Decree 34 of 2021. It is early days yet, and we need to see how matters develop. With that caveat out of the way, here is a rough guide of what Decree 34 could mean for parties in arbitration in the UAE ...
In a recent case, the High Court took the opportunity to restate the law on misrepresentation and the importance of demonstrating that an innocent party has actually relied on a misrepresentation. In Leeds City Council and others v Barclays Bank PLC and another [2021] EWHC 363 (Comm), the High Court preferred the Defendant’s interpretation of the applicable test and struck out the Claimants’ claims for misrepresentation ...
Non-compete clauses in employment agreements have been the source of much controversy over the years. Employers want them to protect their human capital and to prevent competitors from stealing their valued employees. Employees dislike them because they prevent mobility of employment. There are good arguments on both sides. Recently, there have been developments that seem to erode the enforceability of non-competes ...
On January 20, 2017, in a case of first impression among the appellate courts, a panel of the Ninth Circuit concluded in Syed v. M-I, LLC (Case No. 14-17186) that an employer violates the Fair Credit Reporting Act (FCRA) when its background check disclosure/authorization document includes a sentence that releases the employer, the consumer reporting agency (the vendor), and their agents from liability for any violations of the FCRA ...
FAQ on the Belgian Pre-Contractual Information in the Framework of Commercial Co-operation Agreements Act of 19 December 2005.Belgium has a specific legal regime protecting the economically weaker party in certain commercial partnership agreements (i.e. the Pre-Contractual Information in the Framework of Commercial Co-operation Agreements Act of 19 December 2005 – “the Act”) ...
Today (1 March 2023) is Zero Discrimination Day. The aim of the day is to promote equality and end all forms of discrimination. The day should serve as a reminder to employers on how they can identify, prevent and tackle discrimination. It is true that change within an organisation starts from the top and employers should be keen to build a culture of trust where employees feel comfortable raising concerns ...
With the use of zero-hours contracts 'ZHCs' increasing and new regulations in this area coming into effect, employers should ensure compliance with the new rules. Background Since our previous article, the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (the 'Regulations') came into force on 11 January 2016 ...
In the course of regular updates on Russian counter-sanctions measures, we would like to provide you with summarized information on: new Official Clarifications published[1] by the Ministry of Finance on October 14, 2022; and new Presidential Decree No. 737 published on October 15, 2022. The above have hugely updated the current counter-sanction FDI regime in Russia, in particular, new transactions requiring counter-sanctions approval were added (e.g ...
