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Employment Flash No. 4/2021 – News on the General Template Documents for Technical Unemployment Support and Days Off for Parents
Nestor Nestor Diculescu Kingston Petersen, April 2021

07.04.2021 – The Ministerial Order no. 214/22.02.2021 for approving the template documents provided by art. 53¹ para. (12) of the Labor Code was published within the Official Gazette no. 350 dated April 6th, 2021...

To Be is Not to Be: Remedies for Erroneously Drafted Written Instruments
Lawson Lundell LLP, April 2021

What options does one have when they discover that a term in a previously executed contract or written instrument was worded poorly, or incorrectly drafted? Generally, parties in this scenario may seek the remedy of rectification, which gives a court the equitable jurisdiction to rectify or correct the document so that it accords with the parties’ true agreement...

Israel Reopens the Skies for Foreign Experts and Businessmen
Fischer, April 2021

Further to the decline of the Covid-19 spread in Israel after the successful vaccination rollout, Israel has announced changes in foreign entry policy into the country, which will allow, among others, the regular entry of foreign experts and businessmen. These reliefs come after several months in which the state borders were almost completely closed to foreigners...

Recommendations for the Implementation of Cookie Banners
Kudun and Partners, April 2021

The compliant use of cookies requiring consent has presented a major challenge for website operators for quite some time. Following the ruling of the Court of Justice of the European Union in the "Planet 49" case, many operators have adapted the cookie banners they use. However, in doing so, they are faced with the difficulty of designing the cookie banners in such a way that these encourage a high acceptance rate from users, while remaining legally compliant...

Weekly Digest: COVID-19 Resources from Bradley (April 15, 2021)
Bradley Arant Boult Cummings LLP, April 2021

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Li Yiqing v Lamtex Holdings – A Shift of Emphasis in Relation to the Hong Kong Court’s Recognition of Foreign Insolvency Proceedings
Deacons, April 2021

The recent Court of First Instance decision in Li Yiqing v Lamtex Holdings Limited [2021] HKCFI 622 (11 March 2021) is a landmark decision in cross-border insolvency law in Hong Kong, in which the Court held that when it is considering the recognition of foreign insolvency proceedings, regard should not simply be had to the place of incorporation of the relevant company, but that in a departure from previous practice, the location of the company’s centre of main interest (COMI) is

EFFECTS ON PROVISIONS FOR THE PREVENTION OF MONEY LAUNDERING of Law No. 21,314 which Regulates Market Agents and Pension Advisors
Carey, April 2021

On April 13, 2021, Law No. 21,314 (“New Law”) was published in the Official Gazette, which sets forth new transparency requirements and reinforces the responsibilities of market agents, regulates pension counseling and other matters indicated therein. Article 6 of the New Law amends Law No. 19,913 (“AML Act”) in the following aspects: New faculties and functions of the UAF...

Arbitral Award Against a Wrong Party Set Aside
Deacons, April 2021

In the recent case of AB V CD, HCCT 27/2020, 18 February 2021the Court granted the application of AB Engineering, to set aside a HKIAC arbitral award made against it in Hong Kong, finding that it was not a party to the relevant agreement containing the arbitration clause (Agreement)...

EFFECTS ON INSURANCE REGULATION of Law No. 21,314 which Regulates Market Agents and Pension Advisors
Carey, April 2021

On April 13, 2021, Law No. 21,314 was published in the Official Gazette, which, among other matters, set new transparency requirements and reinforce the responsibilities of market agents (the "Law"). Relevant modifications to the current insurance regulation: Amendments to Decree with Force of Law No. 251 of 1931 ("Insurance Act"). Article 5 of the Law amends the Insurance Act, among others, in the following matters: Insurance consultation system (new Article 12)...

Banks Not Required to Act as Detectives or Fraud Detectors
Deacons, April 2021

There has been an increasing number of fraud cases, in particular cyber fraud cases, around the world. Some victims of fraud have sought redress from banks for failing to detect the fraud and refrain from processing their instructions by relying on the Quincecare duty (i.e...

New State Guidelines Clarify When Leases of Local Agency-Owned Land are Subject to the Surplus Land Act
Hanson Bridgett LLP, April 2021

Key Points The California Department of Housing and Community Development has released new guidelines for implementing the Surplus Land Act, which clarify when leases are subject to the terms of the Act. Pursuant to the new guidelines, leases are not subject to Surplus Land Act when the lease involves "land on which no development or demolition will occur" or leases with "a term that is less than five (5) years (including any extensions, amendments or options)...

EFFECTS ON THE REGULATION OF CORPORATIONS AND THE SECURITIES MARKET of Law No. 21,314 that Regulates the Market Agents and Social Securiy
Carey, April 2021

On Tuesday, April 13th of 2021, a law was published in the Official Gazette that establishes new demands for transparency and strengthens the responsibilities of market agents, regulates the social security advice and other matters indicated therein, reforming, among other regulations, Law No. 18,045, on the Stock Market and Law No. 18,046 on Corporations (going forward, referred as the “Law”)...

Mamo TCV Newsletter - March 2021
Mamo TCV Advocates, April 2021

Banking & Finance ESAs issue joint supervisory statement on the application of the Regulation on Sustainability-related disclosures in the Financial Services Sector (SFDR) ESAs issue recommendations on the application of the SFDR...

Covid-19 Telework: How to Mitigate the Fiscal Impact?
ALTIUS/Tiberghien, April 2021

Due to the Covid-19 government measures, most employees work mainly from their home offices from March 2020 onwards.     For internationally active employees, the taxation of salaries is linked to the location where the work is carried out. The sudden switch to the home office may therefore have a major impact on the tax position and the net salary of the employees concerned and on the payroll administration of the employer...

Loss of Personal Information: The Superior Court Dismisses a Class Action
Lavery Lawyers, April 2021

On March 26, 2021, the Superior Court rendered a decision dismissing a class action against the Investment Industry Regulatory Organization of Canada (“IIROC”) on the loss of personal information of thousands of Canadian investors.1 The lack of evidence of compensable injury and IIROC’s diligent behaviour are the main reasons for the dismissal of the class action. The Facts On February 22, 2013, an inspector working for IIROC forgot his laptop computer in a public place...

Climate Reporting Bill to Receive First Reading this Week
MinterEllisonRuddWatts, April 2021

On 12 April 2021, the New Zealand Government introduced the Financial Sector (Climate-related Disclosures and Other Matters) Amendment Bill (Bill), which will receive its first reading this week.  Once passed, disclosures will be required for financial years commencing in 2022, meaning that the first disclosures will be made in 2023...

When can a Bank Reverse a Credit Transfer without Customer Consent?
ENSafrica, April 2021

The South African Supreme Court of Appeal (“SCA”) recently delivered judgment in the matter of FirstRand Bank Limited v The Spar Group Limited. The SCA held that: A customer with no entitlement to money deposited into its account and who knows that it enjoys no such entitlement, may not pay out money against the credit to the account. Doing so amounts to theft...

Colombia Updates the Customs Regime
Brigard Urrutia, April 2021

The National Government issued Decree 360 of 2021 that modifies the customs regime contained in Decree 265 of 2019, in order to provide legal security to foreign trade users by specifying the substantial and formal obligations that must be met in the customs procedures and regimes. In addition, it temporarily modified the obligation regarding the minimum amount of liquid assets required of customs agencies...

The West is Burning: A Private Screening & Discussion
Schwabe, Williamson & Wyatt, April 2021

Join Schwabe for an exclusive screening of The West Is Burning, followed by a panel discussion with the creators of the film. Schwabe Natural Resources attorneys Greg Fullem and Janna Davydova are excited to introduce you to the filmmakers of the documentary. After a private screening, there will be an opportunity to connect with the creators of the film, ask questions, and learn about what comes next for the forests that shape the landscape of the West Coast...

Gig Employer Hit with Background Check Class Action
Hunton Andrews Kurth LLP, April 2021

Uber Technologies, Inc. has been sued in a class action lawsuit alleging the company’s use of criminal background checks discriminates against Black and Latinx drivers. The complaint, filed in the U.S. District Court for the Southern District of New York on April 8, challenges Uber’s “unlawful use of criminal history to discriminate against its drivers in New York City as well as its brazen noncompliance with human rights and fair credit laws...

Can Employers be Compelled to Disclose Pre-Hearing Investigation Reports in Arbitration Proceedings?
ENSafrica, April 2021

Employers who suspect that employees are guilty of misconduct often appoint forensic investigators or legal practitioners to investigate whether such misconduct exists. They then prepare a report with recommendations on how to proceed, including whether disciplinary actions can be taken against the employees concerned...

Extension of the Brazilian PTO Project to Eliminate its Patent Backlog
Veirano Advogados, April 2021

The INPI (Brazilian PTO) published Ordinance/INPI/PR No. 21, of March 26, 2021, which extends the Backlog Combat Project aiming at reducing the number of invention patent applications pending decision. The ordinance came into force on April 1st, 2021, and targets patent applications filed between Jan. 1st, 2017 and Dec. 31st, 2017...

Reserve Bank New Enforcement Department
MinterEllisonRuddWatts, April 2021

The Reserve Bank Te Putea Matua has established a new separate Enforcement Department.  The Department will be operationally separate from the Supervision team but both will work together to incentivise and manage prudent behaviour and to hold institutions to account for non-compliance. Who needs to read it? Why? All financial institutions regulated by the Reserve Bank. This signals a move towards a more proactive regulator to which institutions will need to respond...

Is Refusal to Wear a Mask the Basis for a Human Rights Complaint?
Lawson Lundell LLP, April 2021

Mask wearing indoors has become a ubiquitous part of the COVID-19 experience. The B.C. government mandated mask wearing in November of 2020 for most indoor public settings. Those orders are premised on face coverings helping to prevent, respond to or alleviate the spread of COVID-19, when used with other protective measures. Some members of our society have physical, cognitive, or psychological disabilities that make mask wearing unduly difficult or unsafe...

New Favorable Qualified Small Business Stock Guidance for Fintechs and Insurtechs
Hanson Bridgett LLP, April 2021

On April 9, 2021, the IRS released Private Letter Ruling (PLR) 202114002 (January 13, 2021), which provides additional context to taxpayers worried about whether their Fintech or Insurtech shares represent Qualified Small Business Stock (QSBS) under Internal Revenue Code (IRC) section 1202...

 

 

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