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Greater Reforms for Promoting Work-Life Balance
Lee & Ko, November 2019

 On 1 October 2019 significant changes to the Gender Equality Employment and Work-Life Balance Support Act came into force, including to employees' rights to paternity leave and reduced working hours for child and family care...

Pollution of the Solution?
TSMP Law Corporation, November 2019

Amid the noise, vitriol and spectacle, the real debate that we need to have about climate change has been drowned out.   In the past few weeks, I have followed with much interest a Swedish child activist’s barely concealed yearning for the Nobel Peace Prize...

SEC Clarifies Federal Fiduciary Duties of Investment Advisers
Lowenstein Sandler LLP, October 2019

  The Securities and Exchange Commission (the SEC) recently sought to clarify its position on federal fiduciary duties of investment advisers with an interpretation.1 The interpretation emphasized how client sophistication and the scope of an advisory relationship affect the fiduciary duties owed to particular clients. Determine Scope of Relationship All advisers owe fiduciary duties under the Investment Advisers Act of 1940, as amended (the Advisers Act)...

The Importance of Having a Data-Protection Compliance Program
Morgan & Morgan, October 2019

In 2013, Virginia Ginni Rometty - CEO of IBM, said “I would like you to think of big data as the next natural resource that can be to our era what steam, electricity and oil were for the Industrial Age."   Probably, you have read or heard: Data is the new oil! Data is the new bacon! Data is the new currency! These analogies have become very popular because data is now considered one of the most important commodities...

The Insolvency Law in Panama
Morgan & Morgan, October 2019

On May 19, 2016, the concept of a “Bankruptcy,” as the legal term was defined, ceased to exist under Panamanian law. Law 12 of 2016 (the “Insolvency Law”) entered into force on that date and introduced new proceedings into our legal system. These proceedings are referred to as Reorganization and Liquidation...

New Decision from the Court of Appeal Regarding the Possibility to Deprive Employees of their Duties within the Period of Notice
Simonsen Vogt Wiig AS, October 2019

In LG-2018-161055 the Court of appeal, in a case regarding preliminary action, gave an elaborated assessment regarding under what conditions an employer can deprive an employee of his or her duties in the notice period.   Introduction An employer only exceptionally has the right to deprive a dismissed employee of his or her duties within the period of notice. For this to be possible, there must be "particularly compelling reasons"...

Starting A Company? 3 Key Corporate Secretarial Services You Will Need
BoardRoom Limited, October 2019

Whether you are starting a new company or expanding your presence to Singapore with a new office, there are certain sets of rules and regulations that need to be followed. One of the key requirements of new companies in Singapore is the need to appoint a qualified corporate secretary within 6 months of registration with the Accounting and Corporate Regulatory Authority (ACRA)...

The Environment Bill 2019 - Water, Water, Everywhere
Shoosmiths LLP, October 2019

Part 5 of the Environment Bill, contains a number of disparate proposals relating to water – which could have major implications for many. Senior associate Joanne Sear and solicitor Grace Mitchell take a look at some of the key points in the Bill. Water resources planning According to its explanatory notes, the Bill is intended to “improve… water resources planning” and “facilitate… collaborative regional planning”...

Warranty & Indemnity (W&I) Claims - Some Lessons to be Learned So Far
Simonsen Vogt Wiig AS, October 2019

According to the recent insurance broker's Transactional Risk Insurance Claims Study1, the number of W&I claims have increased by 293% between 2016 and 2018 in Europe, the Middle East and Africa (the EMEA-region). One explanation is of course the triple increase W&I policies issued over the same period. The W&I market have become more mature than what it was just some few years back...

Cincinnati Is Latest City to Outlaw Hair Discrimination
Dinsmore & Shohl LLP, October 2019

Cincinnati, Ohio has joined a small but growing list of states and municipalities that ban discrimination on the basis of natural hair styles. On Oct. 9, 2019, the Cincinnati City Council voted 7-1 to add a hair-bias ban to the city’s existing non-discrimination law...

IRS Issues Proposed Regulations Regarding Individual Coverage HRAs
Dinsmore & Shohl LLP, October 2019

On Sept. 30, 2019, the IRS issued proposed regulations regarding how the employer-shared-responsibility provisions of the Affordable Care Act (ACA) and certain nondiscrimination rules under the Internal Revenue Code (Code) will apply to individual coverage health reimbursement accounts (HRAs). The proposed regulations aim to facilitate the adoption of individual coverage HRAs by employers on or after Jan. 1, 2020.   Background On Oct...

EU Removes UAE from Tax Blacklist
Afridi & Angell, October 2019

The European Union (EU) has removed the UAE from the EU’s blacklist of non-cooperative jurisdictions for tax purposes. The EU Blacklist The EU maintains a blacklist of non-cooperative jurisdictions for tax purposes. The EU has published criteria on tax transparency, fair taxation and implementation of anti-BEPS measures that EU Member States undertake to promote...

UAE Ministry of Finance Issues Guidance on Economic Substance Regulations
Afridi & Angell, October 2019

A previous in Brief dated 7 July 2019 discussed UAE Cabinet Resolution 31 of 2019 Concerning Economic Substance Regulations (the UAE Economic Substance Regulations or the Regulations). The UAE Economic Substance Regulations designated the UAE Ministry of Finance as the Competent Authority...

Employment: Trends & Developments
Heuking Kühn Lüer Wojtek, October 2019

The labour and employment sector has once again seen many changes – both in terms of the initiatives of the legislator as well as changes in the way the sector works. One important change has been the implementation of the Law on Protection of Business Secrets (Gesetz zum Schutz von Geschäftsgeheimnissen – GeschGehG). The economic relevance of business secrets is very high...

Employment: Law & Practice
Heuking Kühn Lüer Wojtek, October 2019

1. TERMS OF EMPLOYMENT 1.1 STATUS OF EMPLOYEE In Germany, an employee (Arbeitnehmer) enjoys a special status that is described as the personal obligation to perform work upon the employer’s instructions, without entrepreneurial risks and in a situation of economic dependence (to a certain degree) on the employer...

How to Boost Business - and Employee Morale - by Partnering with Your Law Firm
Dykema, October 2019

CHEAT SHEET Investment. Implementing a mentorship program between a corporation and a law firm does not require significant monetary investment, rather a considerable time investment. Diversify activities. After identifying and understanding the needs and profiles of participants, create activities that include trainings, CLEs, social events, and facility and firm visits. Benefits...

Dental Practice Pays $10,000 in HIPAA Settlements for Disclosing Personal Health Information on Social Media
Dinsmore & Shohl LLP, October 2019

Elite Dental Associates, Dallas (“Elite”) has agreed to pay $10,000 to the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services and to adopt a corrective action plan to settle potential violations of the HIPAA Privacy Rule[1]. According to OCR, Elite is a privately owned dental practice in Dallas, Texas, providing general, implant, and cosmetic dentistry...

Sustainability Reporting: To What End?
TSMP Law Corporation, October 2019

Activists and government leaders are sounding the death knell for our planet unless something is done about climate change. But while sustainability is important, sustainability reporting may not be the answer. In a headline-hogging speech at the UN last month, 16-year-old environmental activist Greta Thunberg berated politicians and business people for doing too little to arrest climate change, ruining the globe for future generations. High-profile scandals back up her claim...

Dubai: Changes to the Fines that can be Applied by the Public Prosecutors’ Department
Afridi & Angell, October 2019

The Public Prosecutors’ Department in Dubai has the power to impose fines with respect to certain criminal misdemeanors and offences[i] without being required to refer the matter to a Court of Law. Such fines are issued under a Penal Order. This power stems from Dubai Law No. 1 of 2017, which authorises the Attorney General of Dubai to prescribe the offences and the corresponding fines which may be the subject of a Penal Order...

Proposed New Rules Implementing CFIUS Reforms
Dinsmore & Shohl LLP, October 2019

CFIUS inbound investment national security review expanding to certain non-controlling foreign investments in critical technology, critical infrastructure, and sensitive personal data, as well as to certain real estate transactions.  The U.S. Treasury Department published proposed rules in the Federal Register on Sept. 24, 2019, concerning changes to the review process for foreign investment conducted by the Committee on Foreign Investment in the United States (CFIUS)...

Countries Can Order Facebook to Take Down Content and Restrict Worldwide Access
Simonsen Vogt Wiig AS, October 2019

On 3 October 2019, the European Court of Justice (ECJ) published its groundbreaking ruling in case C-18/18 establishing that the EU enables national courts to order information societies such as Facebook to remove defamatory information. This also encompasses equivalent versions of previously declared illegal information. In doing so, the ECJ effectively held that EU law does not preclude injunctions issued by national courts from producing worldwide effects...

Competition Law Implications of Search Engine Advertising and Agreed Negative Listing Between Competitors
Simonsen Vogt Wiig AS, October 2019

There is an ongoing controversy relating to search engine advertising. In particular regarding the legality of purchasing search terms incorporating third-party trademarks. In seeking a reasonable legal standard, this article discusses the latest legal development in trademark, unfair trading practices, marketing, and competition Law...

IRS Form 1099-K Payment Reporting Under California AB 5
Hanson Bridgett LLP, October 2019

On September 18, 2019, California Governor Gavin Newsom approved Assembly Bill 5 (AB 5) to limit the classification of workers as independent contractors in the state. The new law, effective January 1, 2020, will increase payroll tax responsibilities for California companies that must reclassify workers as employees...

FDA to Convene Metal-Containing Implants and Dental Amalgams Panel, Nov. 13-14, 2019
Dinsmore & Shohl LLP, October 2019

FDA announced it will open a public docket and hold an Immunology Devices Panel meeting to deliberate the potential for patients who receive medical device implants that contain select metal or metal alloys to develop immune and inflammatory reactions. The panel may provide input on scientific information the FDA should consider as part of premarket review and postmarket surveillance of metal-containing implants and dental amalgams...

Employers are Not Obligated to Notify Employees of Expiring Vacation Entitlements during Long-Term Illnesses
Heuking Kühn Lüer Wojtek, September 2019

In its July 24, 2019 judgment (Case: 5 Sa 676/19), Hamm State Labor Court issued a ruling as to whether employers are obligated to also notify employees who are out of work due to long-term illnesses that their vacation entitlement will expire by December 31 of the calendar year or by March 31 of the subsequent year if those employees fail to take their vacation days. The court denied this on convincing grounds. The final verdict, however, will come from the Federal Labor Court...

 

 

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