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Commanding Transparency: The Emerging Frontier of SEC-Mandated Climate Risk Disclosures, Houston Law Review Vol. 58, Issue 1, 2020
Hunton Andrews Kurth LLP, December 2021

ETAB Hot News November 2020, American Bar Association, Section of Environment, Energy, and Resources, Environmental Transactions and Brownfields Committee
Hunton Andrews Kurth LLP, December 2021

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...

Limitation of Liability for Wreck Removal Expenses
Simonsen Vogt Wiig AS, November 2021

The Norwegian government, as owners of the frigate, has held the owners of the tanker liable for the collision and presented a claim of some NOK 13 billion for the loss of the frigate and an additional NOK 770 million for costs related to removing the wreck. Liability is disputed and is due to be adjudged next year. Simonsen Vogt Wiig acts for the owners of the Sola TS...

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...

California Department of Justice Announces Housing Strike Force
Hanson Bridgett LLP, November 2021

Key Points The California Department of Justice (DOJ) is preparing for increased enforcement of state housing laws, primarily focusing on local governments. The Housing Strike Force announcement is part of an ongoing trend of the state increasing enforcement of state housing laws...

DEA Considering Regulation of Telepharmacy Practice
Dinsmore & Shohl LLP, November 2021

On Nov. 17, 2021, the United States Drug Enforcement Administration (DEA) released an advanced notice of proposed rulemaking (the Notice) concerning its potential development of telepharmacy regulations...

Landmark FDA Proposal Seeks to Open Hearing Aid Manufacturing Market and Provide Millions with Access to Care
Dinsmore & Shohl LLP, November 2021

On Oct. 19, 2021, the U.S. Food and Drug Administration (FDA) issued a proposed rule that would establish a new category of over-the-counter (OTC) hearing aids. The rule came in response to President Joe Biden’s July 9 executive order, which among other things, calls for wide availability of low-cost hearing aids in order to promote economic competition...

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...

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...

CMS Removes All Nursing Home Visitation Restrictions as COVID-19 Cases Decrease
Dinsmore & Shohl LLP, November 2021

In order to continue addressing the impacts of COVID-19 on nursing home residents, the Centers for Medicare & Medicaid Services (CMS) recently issued a memo updating guidance for nursing home visitation. You can read the full memo here. Early in the pandemic, CMS implemented visitation restrictions to mitigate the risk of visitors introducing COVID-19 to nursing homes. Now, CMS is updating its guidance and allowing visitation for residents at all times...

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...

Kudun and Partners represents Hatton Equity on its acquisition of shares in DRJL Group Ltd for the total value of THB 2.38 billion
Kudun and Partners, November 2021

Kudun and Partners represented Hatton Equity as lead counsel with respect to the proposed acquisition of shares in DRJL Group Ltd., a renowned cosmetic brand engaging in manufacturing and distribution business with the brand name, Dr. Jill from the sellers for a total value of THB 2.38 billion (approximately USD 72.88 million). The proposed transaction involves the merger acquisition transaction and also project financing from the offshore lender...

Migrating a Company Into Guernsey
Carey Olsen, November 2021

The Process Migration is the process which allows an overseas company to be registered as a Guernsey company in accordance with the provisions of The Companies (Guernsey) Law, 2008 (as amended) (the "Law")...

Guernsey Companies: UK Tax Residence Considerations
Carey Olsen, November 2021

Whether CMC of a Guernsey company is exercised in the UK is question of fact. This briefing summarises UK tax residence points arising out of UK tax case law, focussing in particular on the most recent case of Development Securities (No. 9) Ltd and other v HMRC2, and also provides some practical guidance on how Guernsey companies can minimise UK CMC risks when there is no intention to make the company UK tax resident...

The winner takes it all: priorities between directors, companies and third parties when directors breach their duties
Carey Olsen, November 2021

What happened? Two directors of VTL, a Jersey company, devised a fraudulent scheme. They purported to provide investors with a mechanism to decrease income tax exposure. As it turned out, the scheme was a fraud on the customers. It was also a fraud on VTL: instead of turning over around £4.55 million in proceeds from the scheme to VTL, the directors kept these funds for themselves...

A wave of FirstGen – assisting the creators of new wealth
Carey Olsen, November 2021

These newly-minted individuals and families are the recipients of a large portion of the huge wealth generated globally in the past 12 to 18 months, and require special attention from advisors and fiduciary service providers not only to manage and protect their newfound fortune but to deal with the inevitable pressures associated with it. The FirstGen – who are they? Broadly speaking, the FirstGen are original wealth creators who are predominantly from a younger age bracket...

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...

Commission for the Financial Market publishes regulation on ESG content in annual reports
Carey, November 2021

On November 12, 2021, the Commission for the Financial Market ("CMF") published General Rule 461 which modifies the structure and content of the annual report of issuers of securities registered at the CMF Securities Registry on Environmental, Social and Governance or ESG matters (the "NCG")...

Entrepreneurs and Intellectual Property: Avoid These 13 Mistakes to Protect Yourself (Part 3 of 3)
Lavery Lawyers, November 2021

In the third and final entry of this three-part article series, we share with you the last set of intellectual property (IP)?related mistakes (mistakes #10 to #13) that we regularly see with startups. We hope you will find it useful for your business. Please be sure to read our first and second entries in this series, where we go over mistakes #1 to #5 and #6 to #9, respectively...

The Hunt for Red October at the Breakfast Table, The Wall Street Journal
Hunton Andrews Kurth LLP, November 2021

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Defined Contribution Value for Money: Regulators Unite
Shoosmiths LLP, November 2021

Defined contribution (DC) pension schemes will soon be required to disclose more information than ever before in a bid to assess and improve value for their members. On 16 September 2021, The Pensions Regulator (TPR) and the Financial Conduct Authority (FCA) published a joint discussion paper on developing a common regulatory framework for measuring value for money (VFM) for DC members. Background VFM has become a key element of DC governance in recent years...

Five tricky issues when calculating holiday pay
Shoosmiths LLP, November 2021

Calculating holiday pay can be a difficult and complicated area of employment law to navigate. There have been a number of notable cases handed down over the last five years, and it’s fair to say that further clarity is still needed for employers. In this article, we discuss five different areas that employers often have to grapple with when tackling holiday pay issues. 1...

 

 

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