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Frontier Workers and International Agreements
Shoosmiths LLP, November 2021

Led by legal director of immigration, Rachel Harvey and employment associate, Amy Leech, this webinar provided guidance on options available for frontier workers following the end of free movement between the EU and the UK. Free movement of individuals between EU countries and the UK ended on 31 December 2020, following the UK’s withdrawal from the European Union...

Mediation: A Star in the Making as a Dispute Resolution Method for Commercial Disputes (Focus on Thailand)
DFDL, November 2021

Article by Anne Coulon, Regional Legal Adviser, DFDL Thailand Mediation is a confidential, fast, flexible and cost-effective dispute resolution (“DR”) method based on the mutual consent of the involved parties. Companies, contractors, individuals, banks, real estate owners, governmental bodies; or any combination thereof may be parties to commercial mediation. Breaches of contract, business torts etc. can all be successfully submitted to and/or resolved through mediation...

Key Considerations & Issues on COVID-19 Vaccine Rollouts Across Southeast Asia
DFDL, November 2021

With COVID-19 vaccination campaigns nearing completion or still in progress in various countries across Southeast Asia, our experts take this opportunity to look at some of the top questions and concerns on the minds of employers and employees when it comes to COVID-19 vaccination considerations...

President Biden Reinstates a Version of the Nondisplacement of Qualified Workers Under Service Contracts Executive Order
Schwabe, Williamson & Wyatt, November 2021

On November 18, 2021, President Biden issued an executive order reinstating a version of the Nondisplacement of Qualified Workers Under Service Contracts executive order that had previously been implemented by President Obama and then rescinded by President Trump. The new clause is reproduced below.  President Biden’s new executive order applies to contracts and subcontracts that are covered by the Service Contract Act...

Connecticut Supreme Court Rejects Tough Delaware Standard in Allowing Member Inspections of Manager-Managed LLC Books and Records – Or Does It?
Verrill, November 2021

Before allowing the inspection of corporate books and records, Delaware courts require a shareholder seeking information about possible mismanagement to come forward with evidence demonstrating a reasonable basis to suspect mismanagement.[1] In Benjamin v...

Transitioning to Net Zero for Professional Services
Shoosmiths LLP, November 2021

We are very excited to be supporting the UN Global Compact Network UK’s ‘Transitioning to a Net Zero’ webinar series. On Tuesday 19 October 2021, the ‘Transitioning to Net Zero for Professional Services’ webinar took place. In this webinar our Chairperson, Peter Duff, discussed the challenges facing professional services firms in setting and reaching net zero targets...

New UAE Labor Law – Initial Thoughts
Afridi & Angell, November 2021

The long-awaited Labor Law has been published in the Federal Official Gazette and is scheduled to take effect on 2 February 2022. The new Law, Federal Decree-Law No. 33 of 2021, replaces the previous 1980 statute in its entirety. The new statute does not constitute a fundamentally different approach to labor relations in the UAE, but it does introduce important reforms.   I will discuss a few of these in this note and save a lengthier discussion for a future inBrief...

Employer Best Practices For Biometrics Compliance: Part 2, Law360 Expert Analysis
Hunton Andrews Kurth LLP, November 2021

table border="0" width="780" cellspacing="2" cellpadding="0" tbody tr td https://www.huntonak.com/en/insights/employer-best-practices-for-biometrics-compliance-part-2...

Employer Best Practices For Biometrics Compliance: Part 1, Law360 Expert Analysis
Hunton Andrews Kurth LLP, November 2021

table border="0" width="780" cellspacing="2" cellpadding="0" tbody tr td https://www.huntonak.com/en/insights/employer-best-practices-for-biometrics-compliance-part-1...

Minimal! - Court of Appeal Reduces the Post-Employment Duty of Loyalty
Lavery Lawyers, November 2021

Suppose that your best employee, the up-and-comer you?ve been training for several years, resigns. It?s terrible news for you, especially amid a labour shortage. And, to top it off, their new employer is your main competitor...

Norwegian Court of Appeal rules on the MV «Cheshire» litigation
Simonsen Vogt Wiig AS, November 2021

The dispute relates to MV «Cheshire» incident in 2017, where a cargo of 42,000 metric tons of fertiliser was subject to a major decomposition incident off Gran Canaria, during a voyage from Norway to Thailand. The fertiliser was completely damaged and the vessel was declared a total loss. The cargo owners held the ship owners jointly liable for the cargo damage. Bibby Transport Ltd and a number of H&M insurers held the fertiliser producer liable for the damaged vessel...

Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals
Schwabe, Williamson & Wyatt, November 2021

On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay implementation of OSHA’s November 5, 2021 Emergency Temporary Standard (the “ETS”) requiring employees of covered employers to undergo COVID-19 vaccination or take weekly COVID-19 tests and wear a mask...

Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals
Schwabe, Williamson & Wyatt, November 2021

On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay implementation of OSHA’s November 5, 2021 Emergency Temporary Standard (the “ETS”) requiring employees of covered employers to undergo COVID-19 vaccination or take weekly COVID-19 tests and wear a mask...

Latest Gender Pay Gap Figures and What They Reveal
Shoosmiths LLP, November 2021

Early last month, all companies, charities and public sector departments with 250 or more employees were required to submit their gender pay gap reports for the financial year 2020/2021. So what did the reports show? Progress is slow The initial analysis by the BBC showed little change since the last financial year. Whilst there were more businesses reporting in time for the deadline, this hasn’t affected the overall gender pay gap of 10.4%, which remains as it had been...

Gender and Ethnicity Pay Gap Reporting 2021 and Beyond
Shoosmiths LLP, November 2021

With the 5 October 2021 deadline for reporting 2020 gender pay gaps now passed, the impact which the pandemic has had on progress to reduce gender pay gaps can clearly be seen. The effect of furlough and childcare on women over the past 18 months coupled with the financial strain many organisations have been under has resulted in, at best, no change in gender pay gaps and, at worst, an increasing gap between the average pay of men and women...

Shoospeak HR podcast - Episode 18: Supporting employees experiencing domestic violence
Shoosmiths LLP, November 2021

Our Shoospeak HR podcast welcomes special guests Peter Morris (Partner in the Shoosmiths' family team) and Mahdiya Malik (HR and CSR Manager at Vaultex). Shoosmiths colleague Andy Graham chats to special guests Peter Morris (Partner in the Shoosmiths family team) and Mahdiya Malik (HR and CSR Manager at Vaultex) about Vaultex's recent introduction of a domestic violence policy...

New Law Shifts Liability for Certain CalPERS Benefit Overpayments to Employers
Hanson Bridgett LLP, November 2021

Key Points Starting in 2022, CalPERS contracting agencies will bear the risk of certain overpayments to retirees that result from compensation reporting errors. The employer, rather than the retiree, will have to repay the overpayment and pay a “penalty” based on the present value of future benefit payment adjustments...

Raising the Stakes on Crypto Compliance: Infrastructure Bill Imposes Felony Charges for Digital Asset Reporting Failures
Hanson Bridgett LLP, November 2021

Key Points New tax reporting provisions on cryptocurrency, as well as criminal consequences for noncompliance, survived in the Infrastructure Investment and Jobs Act (H.R. 3684) signed into law. The legislation imposes potential felony charges for failures to report certain "receipt" of digital assets, as well as expands the definition of "broker" to target crypto exchanges. On November 5, 2021, President Biden signed the Infrastructure Investment and Jobs Act into law...

Infrastructure Investment and Jobs Act Delivers Optimism for Transportation Industry
Schwabe, Williamson & Wyatt, November 2021

Those of you working in the transportation, ports, and maritime industry have a lot to look forward to as America’s roads, railways, ports, and other transportation infrastructure are expected to see improvements now that Congress passed the $1.2 trillion Infrastructure Investment and Jobs Act, H.R. 3684...

Latest Federal Court Cases, 11/15/21
Schwabe, Williamson & Wyatt, November 2021

Apple Inc. v. Qualcomm Inc., Appeal Nos. 2020-1683, -1763, -1764, 1827 (Fed. Cir. Nov. 10, 2021) Our Case of the Week reinforces a developing body of law concerning standing to appeal from an adverse PTAB decision in an IPR.  This is the second such decision arising from a global settlement between Apple and Qualcomm this year.   We wrote about the first case, in April this year, here...

National Labor Relations Board to Enforce Bargaining Duties to Accomplish COVID Vaccination and Testing Policies
Dinsmore & Shohl LLP, November 2021

On Nov. 10, 2021, the General Counsel’s Office of the National Labor Relations Board issued a guidance memorandum [OM 22-03] dictating employers and unions will be required to engage in decision bargaining over discretionary aspects of vaccination policies required by the OSHA Emergency Temporary Standard mandating COVID vaccinations and testing. Under the OSHA Emergency Temporary Standard (ETS), employers must create Vaccination and Testing Policies by Dec. 6, 2021...

OP-ED: Making (Some) Sense of Evolving Vaccine Mandates for Employers
Schwabe, Williamson & Wyatt, November 2021

For the unaided construction contractor, navigation of changing vaccine mandates can be daunting, and it is no wonder there continues to be confusion about these mandates’ effects. Members of the construction industry have been discussing these rules in terms of how they apply to contractors working on federal or state projects...

Why a sponsor licence can help your business combat labour shortages
Shepherd and Wedderburn LLP, November 2021

  Between Brexit and the pandemic, the UK is experiencing its most severe labour shortage since the 1990s. Businesses can mitigate against these recruitment issues by obtaining a licence from the Home Office to sponsor foreign staff.  A sponsor licence may not magically generate willing workers, but it will ensure the holder remains agile when an international recruitment opportunity arises...

Clause and effect: “see to it” and “on demand” guarantees
Shepherd and Wedderburn LLP, November 2021

  In the recent case of Shanghai Shipyard Co. Ltd. V. Reignwood International Investment (Group) Company Limited [2021] EWCA Civ 1147 the Court of Appeal (COA) unanimously overturned the first instance decision and found a parent company guarantee to be a guarantee “on demand”. Despite arbitration proceedings having commenced under the underlying contract, the COA found the guarantor liable to pay $170 million under the guarantee...

How Houston Companies Can Use Pandemic Challenges to Foster Innovative Corporate Inclusion Efforts, Innovation Map
Hunton Andrews Kurth LLP, November 2021

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