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The treatment of ongoing criminal cases for bounced cheques in the Emirate of Dubai
Afridi & Angell, January 2022

It is now common knowledge that after January 2, 2022, issuing a cheque that is dishonoured for the lack of funds is no longer going to be a criminal offence in the UAE (for a primer on the changes made to the law, clickHere). But what of ongoing complaints and criminal cases regarding cheques that were dishonoured prior to January 2? Circular No. (9) of 2021, issued by the Dubai Public Prosecution Department on 19 December 2021, helpfully clarifies how such cases are to be handled...

The Constitutional Court does not apply the second paragraph of Article 5 of the New Code of Constitutional Procedure because it generates defenselessness to the judges of the Judiciary
Rodrigo, Elias & Medrano Abogados, January 2022

As it is known, the second paragraph of Article 5 of the New Constitutional Procedure Code (Law 31307) provides that "In constitutional proceedings against judicial decisions, judges or magistrates of the Judiciary are not notified or summoned with the lawsuit". In this regard, the Constitutional Court (TC) in the order issued in Case No...

Supreme Court Allows Enforcement of COVID-19 Vaccine Mandate for Health Care Workers
Dinsmore & Shohl LLP, January 2022

On Jan. 13, 2022, the Supreme Court of the United States lifted the injunction on the Centers for Medicare and Medicaid (CMS) vaccine mandate (Mandate).[1] Previously, injunctions were imposed by district courts in Missouri and Louisiana, and affirmed on appeal by the Eighth and Fifth Circuits, respectively, thereby prohibiting enforcement of the Mandate in 24 states...

The Supreme Court Ruled to Stay the OSHA ETS
Schwabe, Williamson & Wyatt, January 2022

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay pausing implementation of the Occupational Safety and Health Administration Emergency Temporary Standard, finding that the challengers to the ETS are likely to prevail. Justices John Roberts, Amy Coney Barrett, and Brett Kavanaugh issued the decision to stay the OSHA ETS. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas concurred with their own separate opinion...

OSHA Updates ETS FAQs on Usage of Over-the-Counter COVID-19 Tests 
Schwabe, Williamson & Wyatt, January 2022

While the U.S. Supreme Court continues to deliberate over whether the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) is a valid exercise of OSHA’s regulatory authority, OSHA has continued to update their ETS FAQs to provide more guidance to employers.  In particular, OSHA has clarified the requirements that apply to the use of over-the-counter COVID-19 tests (OTC Tests) for compliance with the testing requirements of the ETS...

Supreme Court Blocks Enforcement of OSHA’s COVID-19 Vaccine Emergency Standard for Large Employers
Dinsmore & Shohl LLP, January 2022

On Jan. 13, 2022, the United States Supreme Court issued an order blocking enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring (among other things) employers of 100 or more employees to require employees to be vaccinated against COVID-19 or ensure unvaccinated employees are tested for COVID-19 weekly...

New CDPH Recommendations and Revisions to Cal/OSHA's COVID-19 Emergency Temporary Standards in Effect on January 14
Hanson Bridgett LLP, January 2022

On December 16, 2021, the Cal/OSHA Standards Board readopted the Emergency Temporary Standards (ETS), but included several revisions which will go into effect on January 14, 2022 and which will remain in effect for three months. In addition, CDPH issued updated guidance for the general public this month. That guidance on isolation and quarantine requirements has now replaced the ETS exclusion periods and return to work criteria for all workers as of January 14, 2022...

Ohio Third District Court of Appeals Holds Filing an Additional Condition Request Does Not Toll the Statute of Limitations in a Workers’ Comp Claim
Dinsmore & Shohl LLP, January 2022

Over the years, employers have become accustomed to the practice of an injured worker filing a request for compensation (typically an initial award or increase in permanent partial disability) or medical treatment days before the applicable statute of limitations in order to keep the claim alive. It has long been held that an application for such benefits tolls the statute of limitations while that issue is adjudicated before the Industrial Commission...

Los Angeles Employers Must Provide Medical Grade Masks No Later Than January 17, 2022
Buchalter, January 2022

January 12, 2022 By:  Roger L. Scott Workplace masking requirements have long been in place in California, with employees permitted to wear cloth or other masks of their choice...

Interpreting five key recommendations of the Independent Fan-Led Review of Football Governance
Shepherd and Wedderburn LLP, January 2022

  In May 2021, the UK Government commissioned an independent, fan-led review of football governance in England following three “crisis events”. The report has thus far received a varied reception. Some have welcomed its recommendations, and believe that they will bring about much needed reform of the current model of football governance...

Farmers caught out by GAEC requirements
Shepherd and Wedderburn LLP, January 2022

 I have recently been advising a farmer in relation to an appeal against a department penalty imposed for an alleged breach of GAEC (Good Agricultural Environmental Conditions). These are the conditions farmers claiming agricultural support payments must comply with, and which are designed to safeguard soils, habitats and landscape features on agricultural land. A breach of GAEC can lead to financial penalties being imposed on the farmer...

Breaking a contractual hierarchy of dispute resolution processes
Shepherd and Wedderburn LLP, January 2022

The Court of Session has considered whether court proceedings can be raised to interrupt time bar, despite a contractual provision requiring adjudication before litigation.   The issue Construction contracts often provide a hierarchy of dispute resolution processes. Before a party is permitted to litigate (or arbitrate), it is often required to attempt to resolve the dispute through another method (or methods) of dispute resolution...

The uneasy relationship between adjudication and insolvency
Shepherd and Wedderburn LLP, January 2022

The recent case of John Doyle Construction (JDC) v Erith Contractors Limited provides two lessons for the construction sector concerning the enforcement of adjudicators’ decisions by companies in liquidation. First, “clear, evidenced, and unequivocal security” is necessary before enforcement is possible. Second, where a solvent and paying party asserts set-off and counter-claims, enforcement is prohibited in most circumstances...

How long do you have to make a claim in a contentious executry matter?
Shepherd and Wedderburn LLP, January 2022

Certain claims in contentious executry matters, such as challenging a will, must be made within a specific time period. Where a dispute arises, seeking legal advice about the relevant time period at the earliest opportunity is of fundamental importance.  In Scots law, the loss of a claim due to the passage of time is known as prescription and is presently governed by the Prescription and Limitation (Scotland) Act 1973...

Never ignore the litigation risk – Part 1
Shoosmiths LLP, January 2022

The unquantifiable part of subjecting a dispute to the arbitration of a court is the litigation risk. We explore what those risks are and why it is essential that they should never be ignored. The cornerstones of any case should be clear, solid and documented evidence, a series of strong witnesses and in the ideal world and a juicy piece of case law (precedent) that ties it all together and gives the judge/panel a map to direct them to their decision...

Never ignore the litigation risk – Part 2
Shoosmiths LLP, January 2022

In the second part of this article, we look at the problems that can arise through the interpretation of evidence by the tribunal and look at ways to mitigate litigation risk by ensuring that the story of the case is presented as clearly as possible...

The legal status of female same-sex couples using donor conception
Shoosmiths LLP, January 2022

A question that is often asked about the parental status of female same-sex parents is: do they both have the same legal rights in relation to their child? The law changed on 6 April 2009 by virtue of sections 42 and 43 of the Human Fertilisation and Embryology Act 2008, so that both the birth mother and her partner (referred to here for ease as the ‘non-birth mother’) can be recognised as legal parents for conceptions that took place after that date...

Shearn Delamore & Co. Newsletter December 2021
Shearn Delamore & Co., January 2022

Employment Law An examination of the case ofTelekom Research andDevelopment Sdn Bhd v Ahmad Farid Bin Abdul Rahman by the Court of Appeal Introduction The Industrial Court had ruled that the company, Telekom Research and Development Sdn Bhd (“Telekom”), had proven the misconduct against a former employee, the claimant Ahmad Farid Bin Abdul Rahman (“Ahmad”), and that the dismissal was justified...

Latest Federal Court Cases, 1/10/22
Schwabe, Williamson & Wyatt, January 2022

Novartis Pharmaceuticals Corporation v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. Jan. 3, 2022) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s bench trial finding that claims of a pharmaceutical patent were supported by adequate written description under 35 U.S.C. § 112(a)...

Oregon Supreme Court Holds Hydroelectric Water Rights Automatically Convert to Permanent Instream Water Rights after Five Years of Nonuse for Hydroelectric Purposes
Schwabe, Williamson & Wyatt, January 2022

The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC)...

Oregon Supreme Court Holds Hydroelectric Water Rights Case
Schwabe, Williamson & Wyatt, January 2022

The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC)...

2022 predictions – Employment Law Changes on the Horizon
Shoosmiths LLP, January 2022

If 2020 marked the beginning of the pandemic, 2021 was the year it became fully imbedded in our personal and working lives. What does 2022 have in store? For the pandemic, only time will tell, but when it comes to employment law things are a little clearer. Employment Bill Perhaps unsurprisingly, the long-awaited Employment Bill did not progress in 2021...

No Fault Divorce is Coming
Shoosmiths LLP, January 2022

No fault divorce is due to come into effect in England and Wales on 6 April 2022. From this date couples will be able to get divorced without one person needing to blame the other. This change will also apply to civil partnership dissolution. The Divorce, Dissolution and Separation Act 2020 will be the biggest reform of divorce law in fifty years and means that you’ll no longer have to make allegations about your partner’s conduct to obtain a divorce...

A Tale Of Two Cases: Lessons In No-Poach Litigation, Law360
Hunton Andrews Kurth LLP, January 2022

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Upcoming Events and Deadlines for OSHA Large Employer ETS
Schwabe, Williamson & Wyatt, January 2022

There are several upcoming events and deadlines that are relevant to the Occupational Safety and Health Administration’s (“OSHA”) “large employer” emergency temporary standard (the “ETS”), which require businesses with 100 or more employees to adopt a policy that either (1) requires all employees to be vaccinated, unless otherwise entitled to a medical, disability, or religious accommodation, or (2) requires all unvaccinated employees to be maske

 

 

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