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Cyberattacks Lead to Increased Scrutiny: How Can Companies Stay Ahead of the Curve?, Daily Business Review
Hunton Andrews Kurth LLP, January 2022

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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...

Kudun & Partners Joins Pride Partners International as the Exclusive Member for Thailand
Kudun and Partners, January 2022

We are pleased to announce that Kudun & Partners has joined the Pride Partners International (PPI) network as the exclusive member for Thailand. Pride Partners International (PPI) is a global association of transfer pricing and financial valuation consulting firms with a presence in most entrepreneurial markets around the globe...

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...

2022 predictions: what’s on the horizon for real estate?
Shoosmiths LLP, January 2022

Keeping up to date with the shifting property landscape is never easy. So, what do property professionals need to keep in mind for 2022? Developers Building Safety Bill Residential developers will need to pay close attention to the progress of the Building Safety Bill through parliament...

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...

Is the fear of catching COVID-19 a belief worth protecting?
Shoosmiths LLP, January 2022

This question was considered by the Employment Tribunal in the recent case of X v Y. In a decision that will be welcomed by employers, the tribunal held that such a fear is not a protected belief under the Equality Act 2010. The facts of the case The claimant brought proceedings against her employer for discrimination after she chose not to return to work in July 2021 with the result that her employer had stopped paying her...

Treasury Issues Final Rule on COVID State Funds
Schwabe, Williamson & Wyatt, January 2022

On January 6, 2022, the U.S. Department of the Treasury issued a final rule on the use of Coronavirus State & Local Fiscal Recovery Funds (SLFRF) provided to state, local, and tribal governments pursuant to the American Rescue Plan (ARP). While the final rule largely includes the eligible uses of SLFRF funds described in the interim rule issued in May of 2021, the Treasury expanded and provided more detail on eligible uses...

Scope of endeavours and good faith obligations
Shoosmiths LLP, January 2022

In the recent case of Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd the High Court has commented on what is meant by ‘all reasonable endeavours’, ‘good faith’ and ‘mutual benefit’, but do the comments really help? Agreements often include ‘endeavours’ clauses in an attempt to define the scope of a party’s obligations...

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...

MAXIMUM PERMISSIBLE LIMITS FOR ATMOSPHERIC EMISSIONS FROM THERMOELECTRIC GENERATION ACTIVITIES ARE ADOPTED
Rodrigo, Elias & Medrano Abogados, January 2022

On October 30, 2021, Supreme Decree Nº 030-2021-MINAM ("DS030") was published in the Official Gazette "El Peruano", adopting Maximum Permissible Limits ("MPL") for atmospheric emissions from thermoelectric generation activities...

OP-ED: Oregon Law Creates Loan Program to Spur Cleanup Projects
Schwabe, Williamson & Wyatt, January 2022

Revitalization of brownfields has long been considered a centerpiece of community efforts to encourage growth and development of properties impacted by contamination. But the additional complexity and cost of addressing pre-existing contamination often sinks projects that might otherwise have positive economic and development potential. This is especially true inside Oregon’s urban growth boundaries...

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...

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...

Chilean Financial Market Commission Opens Public Consultation on Authorization of Existence of Special Stock Corporations and initiation of operations…
Carey, January 2022

On January 3rd, 2022, the Chilean Financial Market Commission (FMC) opened a public consultation process (the "Regulatory Proposal") on new regulations regarding the procedure to authorize the existence of certain special stock corporations (SSCs) and to authorize the commencement of operations of general fund managers (GFMs)...

Cambodia: NBC Ceases to Issue New Microfinance Deposit-Taking Institutions License
DFDL, January 2022

On 6 December 2021, the NBC issued a Notification No. B7-021-2083 on Cessation of Granting New Microfinance Deposit-Taking Institutions License. The NBC decided to cease granting of new license for microfinance deposit-taking institutions in order to further strengthen banks and financial institutions’ capacity, inspection, financial stability and contribution to national economic development...

2022 predictions: what’s on the horizon for construction?
Shoosmiths LLP, January 2022

As the pandemic persists and the disruption of the previous two years continues to impact projects, the construction industry faces a continued period of uncertainty in 2022. Further disruption The pandemic and issues around the availability of materials may continue to disrupt projects into 2022 leading to higher costs and further delays...

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...

Record fine for fire safety breaches; the shape of things to come?
Shoosmiths LLP, January 2022

Private healthcare provider Bupa has been ordered to pay a purported record £1.04 million penalty (fine and costs combined) after admitting fire safety failings. London Fire Brigade, prosecuting, said it was the "highest ever fine for fire safety breaches in the UK, [highlighting] the seriousness of Bupa's failure to protect a vulnerable resident in its care...

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...

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...

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...

Insolvency in Scotland: Back to Basics – Part 2, Sequestration (Bankruptcy)
Shoosmiths LLP, January 2022

This is the second article in 'Back to Basics', a series of articles looking at insolvency processes in Scotland. This article will examine the court process for sequestration, focusing on petitions by creditors. Sequestration is the Scottish legal term for personal bankruptcy...

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...

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...

 

 

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