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International Arbitration: UK Supreme Court Judgment, Kabab-Ji SAL v Kout
Shoosmiths LLP, November 2021

In Kabab-Ji SAL v Kout Food Group, the UK Supreme Court recently considered the question of which system of law the English courts must apply to decide whether there is an enforceable arbitration agreement.  This case illustrates the different approaches taken in determining questions of applicable law and the consequences this can have for both annulment and enforcement proceedings in different countries...

Employment in the finance sector: Case spotlight
Shoosmiths LLP, November 2021

The financial sector has seen its fair share of discrimination cases and the trend continues. In Lacatus v Barclays Executive Services Limited the Employment Tribunal turned its mind to sexism. A female Analyst in the Rates Options Structured Trading Middle Office department brought a number of claims against the bank, including a sex discrimination and harassment claim centred around her line manager’s repeated use of the word “bird” to describe a woman...

Employment in the finance sector: FAQs
Shoosmiths LLP, November 2021

In this update, we’re looking at the hot topic of returning to the office post-pandemic. Q: What’s the direction of travel on working from home in financial services? While many industries have embraced hybrid working, financial services has generally been less enthusiastic about the idea of staff continuing to spend a significant proportion of their working time at home...

HSE prosecutes contractor due to health and safety breaches during COVID-19 “spot check”
Shepherd and Wedderburn LLP, November 2021

  The HSE has prosecuted a contractor after it identified multiple health and safety issues during a COVID-19 ‘spot check’ at a site in Manchester. This is the first prosecution to arise from the HSE’s Spot Check programme. Background Throughout the pandemic, HSE inspectors performed a number of proactive COVID-19 spot checks (reportedly over 316,000) at construction sites across the UK...

Managing Speculative Claims Following a Data Breach
Shepherd and Wedderburn LLP, November 2021

Increased public awareness of data protection regulations has sparked a rise in claims for damages associated with distress caused by data breaches. Many claims are made in response to serious breaches that have caused financial loss or significant distress, however organisations are increasingly receiving significant financial claims for relatively minor breaches...

Priority Of Coverage Lessons From 2nd Circ. Insurance Ruling, Law360
Hunton Andrews Kurth LLP, November 2021

table border="0" width="780" cellspacing="2" cellpadding="0" tbody tr td https://www.huntonak.com/images/content/8/0/v2/80067/priority-of-coverage-lessons-from-2nd-circ-insurance-ruling...

Home Alone 2.3: The FCA Visit
Shoosmiths LLP, November 2021

The FCA has updated its guidance on remote and hybrid working – firms (and applicants) need to ensure they are up to speed with the revisions. On 11 October 2021, the FCA published an update on its guidance to firms (and applicants) on remote and hybrid working models...

Latest Federal Court Cases, 11/8/21
Schwabe, Williamson & Wyatt, November 2021

University of Strathclyde v. Clear-Vu Lighting LLC, Appeal No. 2021-2243 (Fed. Cir. Nov. 4, 2021) In this week’s Case of the Week, the Federal Circuit reversed an inter partes review decision finding claims directed to light-based disinfecting methods to be obvious over the prior art.  This case provides a helpful example of how negative claim limitations can affect an obviousness determination...

Hitting Employers with Their Best Shot: Complying with OSHA’s COVID-19 Vaccination and Testing Emergency Rule Webinar Recording
Bradley Arant Boult Cummings LLP, November 2021

OSHA has released its long-awaited emergency rule requiring the COVID-19 vaccine or weekly testing for many employers. With compliance deadlines coming up, Bradley is here to help employers navigate this new rule to stay in compliance. While we monitor the outcome of judicial review of OSHA’s ETS, we suggest taking the following steps to prepare your workplace for compliance with the new vaccine or test mandate: Develop a policy. Educate employees...

CMS Requires COVID-19 Vaccine for Health Care Workers at all Facilities Participating in Medicare and Medicaid
Dinsmore & Shohl LLP, November 2021

On Nov. 4, 2021, the Centers for Medicare and Medicaid (CMS) released a new Interim Final Rule (IFR) regarding staff vaccination at facilities that participate in the Medicare and Medicaid programs. The IFR requires covered employers to ensure that staff receive their first dose no later than Dec. 5, 2021 and achieve full vaccination no later than Jan. 4, 2022. The vaccine rule that was also released on Nov...

Buchalter COVID-19 Client Alert: OSHA Issues COVID-19 Vaccination and Testing Emergency Rules
Buchalter, November 2021

November 5, 2021 By: John Epperson The U.S. Occupational Safety and Health Administration (OSHA) published its much-anticipated Emergency Temporary Standard (ETS) regarding COVID-19 vaccination and testing on November 5, 2021. The ETS went into effect immediately upon publication in the Federal Register with requirements phased in over 30 to 60 days...

Anti-Discrimination Law Update – Votes, Votes and More Votes
Carey Olsen, November 2021

The States of Guernsey has voted on what types of individual beliefs may benefit from legal protection from discrimination. The vote (by a majority of 20 to 16) concluded that the incoming anti-discrimination ordinance (the Ordinance) will provide protection from discrimination on the grounds of religious belief only. States' members rejected the proposition that the Ordinance should offer protection from discrimination on the grounds of non-religious philosophical beliefs...

It’s Time to Talk About the Menopause
Shoosmiths LLP, November 2021

In association with Macmillan Davies and led by Employment Partner, Emma Morgan and Associate, Lauren Bholé, this webinar focused on the menopause in the workplace. With World Menopause Day having just passed (18 October 2021) and a parliamentary debate on the menopause having entered the House of Commons in September 2021, the menopause has been a focal point for media coverage...

William P. Sowers Jr. Column: Men, Take Paternity Leave to Embrace Fatherhood, Richmond Times-Dispatch
Hunton Andrews Kurth LLP, November 2021

table border="0" width="780" cellspacing="2" cellpadding="0" tbody tr td https://richmond.com/opinion/columnists/william-p-sowers-jr-column-men-take-paternity-leave-to-embrace-fatherhood/article_6ce88a26-3a40-5830-afb2-37e8e4c7684b...

Avoiding the Pitfalls of Solely Automated Decisions in the Workplace
Shoosmiths LLP, November 2021

Technological advancements coupled with a desire to reduce inefficiencies in the workplace, has led to an increase in the use of artificial intelligence (AI) by employers, typically in recruitment and performance management. Data protection considerations However, employers need to be aware of their data protection obligations and great care is needed when contemplating the use of AI processes to make decisions without human involvement...

OSHA Publishes COVID-19 Vaccine Mandate for Companies with 100 or More Employees
Dinsmore & Shohl LLP, November 2021

On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its highly anticipated emergency temporary standard (ETS) mandating employers of 100 or more employees to implement a COVID-19 vaccination or testing requirement. This standard implements the policy goals announced by the Biden administration in September...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

Breaking: OSHA Releases Emergency Temporary Standard for Employers with 100 or More Employees
Verrill, November 2021

Indicating that continued reliance on the General Duty Clause of the OSH Act, 29 U.S.C. 654(a)(1), was insufficient to protect “unvaccinated employees from the grave danger of being infected by, and suffering death or serious health consequences from, COVID-19,” today OSHA issued an Emergency Temporary Standard (ETS) for all employers with 100 or more employees...

Kostal Decision – The Final Round
Shoosmiths LLP, November 2021

Do you have a unionised workforce? If so, the Kostal (Kostal UK Ltd v Dunkley and others [2021] UKSC 47 (27 October 2021)) decision is a must read. If you are an employer which recognises a union - or unions - then the Kostal decision is unlikely to have escaped your notice. The case was brought because an employer ‘went around’ the recognised union and made a pay offer direct to employees despite there being an agreement with the union in place...

Outsourcing: USA, Chambers Global Practice Guide
Hunton Andrews Kurth LLP, November 2021

table border="0" width="780" cellspacing="2" cellpadding="0" tbody tr td https://www.huntonak.com/images/content/8/0/v2/80085/outsourcing-usa-chambers-global-practice-guide-2021...

Supporting Employees with Coming Out in the Workplace
Shoosmiths LLP, November 2021

Josh Cavallo has demonstrated enormous bravery by becoming the only current male professional footballer to come out as gay. We consider how employers can foster a workplace environment that is supportive of LGBTQ+ employees who choose to come out. This week Josh Cavallo of Adelaide United showed incredible courage by publicly announcing his sexuality...

Publication of Exempt Resolutions That Modify the Fourth Step-by-Step Plan and the Protected Borders Plan
Carey, November 2021

On October 29, 2021, the following resolutions were published in the Official Gazette: Exempt Resolution No. 1,080 of the Undersecretary of Public Health amending Exempt Resolution No. 994, of 2021, of the Ministry of Health, which establishes the fourth Step-by-Step Plan; and Exempt Resolution No. 1,079 of the Undersecretary of Public Health, which amends Exempt Resolution No. 672, of 2021, of the Ministry of Health, which establishes the Protected Borders Plan...

Dubai Court of Cassation clarifies the application of Optional Arbitration Clauses
Afridi & Angell, November 2021

In a decision issued in July 2021, the Dubai Court of Appeal held that an arbitration clause should be construed narrowly, and emphasized that everything that may be waived or prevents its [i.e., the arbitration clause’s] application must be sought. This judgment, which rejected a challenge to the jurisdiction of the Dubai Courts based on the existence of a purported arbitration agreement, was discussed in our inBrief dated 12 September 2021...

 

 

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