log in
Submit an Article | Back

Member Articles

Selected Filters:
Practice Industry: Corporate & Business, Employment & Labor, Government & Public Sector

Sort By Title  |  Sort By Date

Recording a Trademark Assignment in the British Virgin Islands
O'Neal Webster, December 2020

A registered trademark in the British Virgin Islands is transmissible in the same way as other personal or moveable property. Transmission can be completed by assignment, testamentary disposition, or operation of law. When a trademark is assigned, the owner’s right, title, and interest with respect to the trademark is transferred to the new owner...

Free-Standing Freezing Orders in the BVI - Black Swan Verses Broad Idea
O'Neal Webster, December 2020

British Virgin Islands entities and structures are frequently used to hold assets located onshore, outside the BVI. Sometimes these assets represent the proceeds of wrong-doing including breach of fiduciary duty, breach of express trust, or pure fraud. The vast majority of the 400,000 active BVI companies on the register tend to be holding companies, holding real property, investments, or shares in other companies including shares in trading companies...

Covid-19 Legal Updates for Employment Law: The Conversion Into Law of the August Decree and the “Ristori” Decree
Gianni, Origoni, Grippo, Cappelli & Partners, December 2020

By resolution adopted on October 7, 2020, the state of emergency has been extended until January 31, 2021...

Points for Retail Sector Employers to Consider when Dismissing Employees for Economic or Technical Reasons
ALTIUS/Tiberghien, December 2020

The retail sector has been one of the sectors most affected by the COVID-19 pandemic and as a result employers therein might be considering dismissing employees for economic or technical reasons. Employers must be aware that most joint committees in the retail sector have entered into collective bargaining agreements (CBAs) obliging employers to first take measures to avoid dismissals and, if dismissals cannot be avoided, to comply with a specific procedure...

Coronavirus Considerations and Hot Topics Heading into 2021
Spilman Thomas & Battle, PLLC, December 2020

When much of the country locked down in March 2020, very few expected us to still be dealing with this pandemic in December 2020. And yet, here we are. In fact, coronavirus cases are rising sharply throughout much of the country, and the prospect of additional shutdowns is growing more probable by the day. Not all news is bad. Pfizer, Moderna and AstraZeneca have produced what appear to be viable vaccines that could be available as early as this month...

Employers Must Be Reasonably Diligent in Tracking Employees’ Worked Hours, Even During a Global Pandemic
Spilman Thomas & Battle, PLLC, December 2020

Whether employers like it or not, there is no question that the COVID-19 pandemic has altered the modern work environment for many businesses. As employers across the country continue to allow, and even encourage, their employees to work remotely, we continue to see the questions and challenges that accompany the work-from-home model. Fortunately, not all of those challenges need be navigated blindly. The U.S...

Necessity and Urgency Decree No. 956/2020: Mandatory and Preventive Social Insulation and Social Distancing
Beccar Varela, November 2020

Public Law Department Report Necessity and Urgency Decree No. 956/2020: Mandatory and Preventive Social Insulation and Social Distancing Within the state of the sanitary emergency currently in force, the President issued the Necessity and Urgency Decree No...

The CDC’s New Definition of “Close Contact”: What You Need To Know
Dykema, November 2020

                The Centers for Disease Control and Prevention has expanded the definition of close contact to now evaluate exposure cumulatively over a 24-hour period such that “15 cumulative minutes of exposure at a distance of 6 feet or less can be used as an operational definition for contact investigation,”[1] Because the newly expanded definition is not limited, it impacts many different industries (inclu

The Philosophy Behind the Successful Economic Substance Regime of the BVI
Morgan & Morgan, November 2020

Following the introduction in the British Virgin Islands (BVI) of the Economic Substance (Companies and Limited Partnerships) Act, 2018 (ESA), which became effective on January 1st, 2019, some questioned the sustainability of BVI’s position as a leading international financial centre. While we cannot underestimate those concerns, we believe that there is also evidence that ESA will not have a negative impact on the BVI...

Attention Points for Retail Sector Employers Considering Dismissing Employees
ALTIUS/Tiberghien, November 2020

As the retail sector is one of the sectors most affected by the Covid-19 pandemic, employers within it might be considering dismissing employees for economic or technical reasons...

“If I've Told You Once, I've Told You Eight Times…” HHS OIG Issues Another Audit Report on Hospitals’ Failure to Report Credits for Explanted Cardiac Devices and Lays the Groundwork Collection of Over
Verrill, November 2020

Each year, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issues dozens of audit reports. While each is important in its own way, some stand out with language that appears to reflect OIG’s fraying patience and may lay the groundwork for possible future enforcement action. A report issued on November 16, 2020, falls into this category...

OIG Takes Aim at Speaker Programs in Special Fraud Alert
Bradley Arant Boult Cummings LLP, November 2020

On November 16, 2020, the Office of Inspector General of the Department of Health and Human Services (OIG) issued a Special Fraud Alert addressing the fraud and abuse risks of speaker programs that are commonplace in the pharmaceutical and medical device industries...

Coming January 1, 2021 New Federal Workplace Harassment and Violence Prevention Regulations
Lawson Lundell LLP, November 2020

The new Work Place Harassment and Violence Prevention Regulations, SOR/2020-130 (the “Regulation”) and corresponding changes to the Canada Labour Code (the “Code”) come into force on January 1, 2021. The amendments introduce significant changes to how federally regulated organizations are required to prevent and address workplace harassment and violence, and set out specific requirements for workplace harassment and violence policies...

The Proposed Indian Copyright Amendment Rules and Suggestions for Further Amendment
Kochhar & Co. Advocates & Legal Consultants, November 2020

The Copyright Office of the Department for Promotion of Industry and Internal Trade (DPIIT) has invited comments and suggestions to amend the Copyright Act before November 30, 2020. Mid last year, the DPIIT proposed a set of amendments to the Indian Copyright Rules. While these amendments sought to increase transparency and provide clarity for right holders, many other essential modifications were overlooked...

Michigan Employers Must Now Demonstrate Infeasibility of Working from Home
Dykema, November 2020

On November 15, 2020, Michigan’s Department of Health and Human Services (“DHHS”) issued a new Gatherings and Face Mask Order that further limits in-person gatherings and employer operations, but does not meaningfully change requirements for most businesses. With limited exceptions, this Order prohibits all indoor gatherings at “non-residential venues” of “two or more persons from more than one household… in a shared space...

Defence: Key Changes in the Regulatory Landscape Pursuant to Atmanirbhar Bharat
Kochhar & Co. Advocates & Legal Consultants, November 2020

The Government of India has been very active in putting in place the necessary framework to implement the objectives of the ‘Atmanirbhar Bharat Abhiyan’. The ‘Atmanirbhar Bharat Abhiyan’ or a program of self-reliance announced by the Government of India intends to focus on the five key pillars of economy, infrastructure, system, vibrant demography, and demand...

Moving from Brexit 1.0 to Brexit 2.0
Shoosmiths LLP, November 2020

What will UK data protection look like after Brexit 2.0 on 31 December 2020? Regime 1: the 'UK GDPR': the UK's new bespoke version together with the Data Protection Act 2018 The UK GDPR will be the UK data protection regime based on the 'EU GDPR' (see below)...

Michigan Voters Add Constitutional Protections for Electronic Data and Communications
Dykema, November 2020

While public attention focused on the federal and state elections, Michigan voters made an important decision—they adopted Proposal 20-2, which amended Michigan’s Constitution to extend its protection from unreasonable searches and seizures to electronic data and communications...

New Employment Standards Leaves for COVID-19 & Their Impact on Pension & Benefit Plans
Lawson Lundell LLP, November 2020

In response to COVID-19, the federal government and the provinces have introduced various measures to mitigate the financial impact across the country. One of these measures is the introduction of a new type of type of unpaid, job-protected leave related to COVID-19. As of the date of this bulletin, BC, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Prince Edward Island, Newfoundland, and the federal government have introduced these new leaves...

Michigan Increasing Enforcement of Emergency COVID-19 Rules to Ensure In-Person Work Happening Only When Strictly Required
Dykema, November 2020

Governor Whitmer announced last week that MIOSHA is increasing enforcement of its October 14 Emergency COVID-19 Rules, with a focus on promoting more remote work for offices...

Understanding the Impact of the 2020 Federal Elections
Dykema, November 2020

After months of predictions of a possible Democratic wave,Tuesday’s election delivered mixed results. Joe Biden appears poised to narrowly defeat President Trump after one of the most contentious election cycles in recent memory. Republicans are favored to retain their Senate majority despite having to defend twice as many seats as their Democratic counterparts...

Further Extension of Temporary Layoff Period for Federally Regulated Employers
Lawson Lundell LLP, November 2020

On November 9, 2020, the federal government announced a further temporary extension to permitted layoff periods for federally regulated private-sector employees. Background In June of 2020, the federal government extended the time periods for layoffs under the Canada Labour Standards Regulations to allow federally regulated private-sector employers more time to recall laid-off employees...

Washington Supreme Court Alters State's Agricultural Exemption in the Minimum Wage Statute
Schwabe, Williamson & Wyatt, November 2020

On November 5, 2020, the Washington Supreme Court altered a 60-year provision of Washington’s Minimum Wage Statute when it issued its decision in Martinez-Cuevas v. DeRuyter Brothers Dairy. The court held that the agricultural overtime exemption at RCW 49.46.130(2)(g), which exempted agricultural employers from paying overtime at a rate of 1.5 times the regularly hourly rate, violated article I, section 12 of the Washington State Constitution as applied to dairy workers...

Changes to the Chilean Labor Code Require Employers to Adopt Measures that Facilitate the Inclusion of Disabled Employees
Carey, November 2020

Changes to the Chilean Labor Code require employers to adopt measures that facilitate the inclusion of disabled employees Law No.21,275 was added to the Labor Code and published in the Official Gazette on October 21, 2020. The new law is intended to facilitate the inclusion of disabled employees in the labor force.   Companies to which the law applies The Law is applicable to those companies that, in accordance with article 157 bis of the Labor Code, have 100 or more employees...

Illinois 2020 Election Ramifications
Dykema, November 2020

While a few legislative races are still being tabulated, Democrats maintained their supermajority status in both the Illinois House of Representatives and Senate in this election cycle. Current projections, that are subject to change pending mail-in ballots, are for a Democrat supermajority of 72-46 in the House and 41-18 in the Senate. This was not an unexpected outcome, though most pre-election predictions had the Democrats achieving an even wider gap in the Legislature...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2020