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San Francisco Nonprofits Granted Right of First Offer to Purchase Residential Buildings With Three or More Units
Hanson Bridgett LLP, May 2019

On April 16, 2019, the San Francisco Board of Supervisors unanimously approved the Community Opportunity to Purchase Act (COPA). The Mayor signed the legislation on May 3, 2019. COPA grants certain qualified nonprofit organizations the right of first offer and right of first refusal on sales of privately-owned buildings with three or more residential units and privately-owned property on which three or more residential units could be built...

Tariff Increase for $200B of Chinese Imports Announced and Process for Importers to Request an Exemption Forthcoming
Dinsmore & Shohl LLP, May 2019

The Trump administration’s significant escalation of the trade dispute with China after months-long U.S.-China trade talks have faltered is a major news headline as the week concludes. The U.S. followed through on its warnings and increased tariffs on an estimated $200 billion of Chinese goods from 10 percent to 25 percent starting May 10th. At the same time, the U.S. announced importers will be able to apply for an exemption from these tariffs...

Regulation of Online Falsehoods: ‘Fake News’ – the UK, Singapore and Europe
Shepherd and Wedderburn LLP, May 2019

‘Fake news’ - information or news that is proven to be either verifiably false or misleading - has become a major, global concern. As news and opinion pieces are increasingly pushed to readers via online and social media channels, the speed of their dissemination has accelerated exponentially, as have the challenges around regulating news and opinion...

New DOJ Corporate Compliance Guidance Gives Corporations Insight into Evaluating Their Programs
Dinsmore & Shohl LLP, May 2019

On April 30, 2019, the U.S. Department of Justice (DOJ) Criminal Division issued updated guidance to prosecutors for assessing corporate compliance programs.  The new “Evaluation of Corporate Compliance Programs” (Updated Guidance) replaces the February 2017 Guidance (Prior Guidance)...

Marine Finfish Aquaculture: A New Environmental Framework
Shepherd and Wedderburn LLP, May 2019

The Scottish Government, SEPA and industry have identified significant opportunities for the growth of the finfish aquaculture sector in Scotland. This expansion is an express policy objective of the Scottish Government, and was confirmed through the National Marine Plan published in 2015. Nevertheless, whilst there has been some growth in the sector since the plan’s publication, the sector has yet to realise its full potential...

Newly Passed Measure Puts Pressure on Owners of Vacant Storefronts
Hanson Bridgett LLP, May 2019

Effective April 22, 2019, new legislation expands the obligation of property owners to register vacant commercial storefront spaces with the City. The Board of Supervisors may also place a "vacancy tax" on November's ballot, which would tax owners for vacant storefronts after six months of vacancy. The newly effective measure amounts to an update of a previous ordinance that was passed in 2014. Both were introduced by District 1 Supervisor Sandra Lee Fewer...

Brexit Breathing Space for Food Business Operators
Shepherd and Wedderburn LLP, May 2019

Whatever your views on Brexit, the deferment of the UK’s leaving date from the EU provided British industry some welcome breathing space to prepare for Brexit. Given the issues that still divide the two main political parties, the UK may yet leave the EU without a deal on 31 October...

What the Dickens is Up With Audit Firms?
TSMP Law Corporation, May 2019

It was the age of wisdom, it was the age of incredulity. Blazing yellow sun. Lapping blue waves. Tanned beach bods and a palm tree’s silhouette swaying against an orange sky. Once ubiquitous, the California Fitness logo that hints at its fabulous lifestyle offering has vanished from Singapore. In its heyday “Cali”, as its legions of fans called it, was not merely a gym, it was a status symbol...

Five Things a Buyer of a Rural Property Needs to Know
Shepherd and Wedderburn LLP, May 2019

Scotland’s countryside offers a vast range of property investment options, from houses and cottages to farms and country estates. However, when buying a rural property it is important to consider various issues that may be taken for granted in the purchase of a property in an urban area. 1...

Supreme Court Delivers Blow to Class-Wide Arbitrations Absent Express Authorization in Arbitration Agreement
Dinsmore & Shohl LLP, May 2019

On April 24, 2019, the U.S. Supreme Court issued an opinion in Lamps, et al. v. Varela, No 17-988 (April 24, 2019), holding class-wide arbitration cannot be compelled when the underlying arbitration agreement is ambiguous. In 2016, a hacker tricked a Lamps Plus employee into disclosing tax information of approximately 1,300 other employees. Not long after, a fraudulent tax return was filed in the name of respondent Frank Valera, a Lamps Plus employee...

ADGM Grows Up: Issues First Fines
Afridi & Angell, May 2019

The Abu Dhabi Global Market (ADGM), the financial free zone which began operations in 2015, has now come of age. On 14 April 2019 Mr Alexander Guy, Senior Executive Officer and Director at Eshara Capital Limited, had the uncommon honour of becoming the first named person to be fined by ADGM’s Financial Services Regulatory Authority. Eshara Capital, in its corporate capacity, was also fined in connection with the same contraventions...

Senate Bill 632: Cameras in Special Education Classrooms and Changes to W. Va. Code 18A-2-8
Dinsmore & Shohl LLP, May 2019

Though the legislative session again received a lot of attention from educators this year, there were also bills passed that did not receive as much attention. One of those was Senate Bill 632, which by its terms aims at “improving student safety.” The bill adds two new code sections and amends a third. This education alert provides a basic summary of what those sections require when they take effect July 1, 2019...

BVI Companies - Economic Substance Law
Afridi & Angell, April 2019

British Virgin Islands (BVI) companies are commonly used in the UAE by investors to hold real estate properties and/or shares in UAE companies. Investors need to be aware of a recently enacted BVI law, the Economic Substance (Companies and Limited Partnerships) Act, 2018 (the Law), which introduces economic substance requirements in the BVI...

New Wage and Hour Data to be Collected by the Federal Government as Part of the EEO-1 Reporting Process
Dinsmore & Shohl LLP, May 2019

Pursuant to Title VII and 42 U.S.C. Chapter 60, a company must annually file an EEO-1 Report with the Equal Employment Opportunity Commission Joint Reporting Committee (JRC) if it answers “yes” to any of the three jurisdictional questions: 1.       A company that has 100 or more employees; 2...

Ten Things You Need to Know About the Insolvency (Scotland) Rules 2018
Shepherd and Wedderburn LLP, April 2019

On 6 April 2019, Scotland finally saw the introduction of the modernised insolvency rules in the form of The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 and The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 (the 2018 Rules). The 2018 Rules will replace the existing Insolvency (Scotland) Rules 1986 (as amended) subject to certain transitional and saving provisions...

Schedule A Regulations Streamline the Process for Acquiring Permanent Residency for Registered Nurses and Physical Therapists
Dinsmore & Shohl LLP, May 2019

Many employers currently have employees on staff on temporary work visas, and employers likely know that in order to continue to employ employees not born in the U.S., the employer must sponsor the employee for permanent residency in the U.S. (i.e,. a green card). The green card process has multiple steps, which, depending on a variety of factors, may take several years to complete...

Diligence: Early Involvement Pays
Shepherd and Wedderburn LLP, April 2019

Coordinating cross-border due diligence is a key skill that more often than not underpins complex, multi-jurisdictional merger and acquisitions (M&A) and private equity (PE)-led transactions. Where due diligence really adds value is in the early stages of the transaction, when local knowledge and expertise are vital to understanding the context of data room information...

Supreme Court Agrees to Hear Cases Determining Extent of Title VII Protection for LGBT Workers
Dinsmore & Shohl LLP, April 2019

The Supreme Court of the United States announced three cases will be argued next term that could determine whether Title VII protects LGBT employees from workplace discrimination.  Title VII prohibits discrimination because of “race, color, religion, sex, or national origin,” but it does not explicitly mention sexual orientation or gender identity...

Directors' Duties in DIFC
Afridi & Angell, April 2019

Introduction On 12 November 2018, the Dubai International Financial Centre (DIFC) introduced a suite of new legislation concerning companies operating in or from the DIFC. This consists of DIFC Law 5 of 2018 (the Companies Law), DIFC Law 7 of 2018, the Companies Regulations and the Operating Regulations...

Have You Received a Social Security ‘No-Match Letter’? Things to Consider
Dinsmore & Shohl LLP, April 2019

The Social Security Administration (SSA) confirmed it resumed issuing “No-Match Letters” in March 2019.  Officially called Employer Correction Requests, No-Match Letters inform an employer that the information reported on an individual employer’s W-2 form (or an employer’s quarterly tax filing) does not match the SSA’s records...

Navigating the British Virgin Island's Economic Substance (Companies and Limited Partnerships) Act, 2018
O'Neal Webster, April 2019

The European Union continues to push out new rules aimed at offshore financial centers. Specifically, the Code of Conduct Group (CCG) within the EU’s Economic and Financial Affairs (ECOFIN) Council has determined that jurisdictions that fail to satisfy the CCG’s requirement to end “preferential treatment” for non-resident companies are to be deemed ‘non-cooperative’ and effectively blacklisted...

Are Stronger Dietary Supplement Regulations on the Horizon?
Dinsmore & Shohl LLP, April 2019

FDA Announces Public Meeting for Responsible Innovation in Dietary Supplements Industry Recently, the Federal Food and Drug Administration (FDA) announced it will hold a full-day public meeting to discuss strategies for responsible innovation in the dietary supplement industry.  The meeting will be held May 16, 2019, from 8:30 a.m. EST to 4 p.m. EST at the FDA Center for Food Safety and Applied Nutrition, Wiley Auditorium, located at 5001 Campus Dr., College Park, MD 20740...

The Bahamas: Economic Substance Legislation
Morgan & Morgan, April 2019

The Bahamas has passed legislation requiring that certain legal entities carrying on relevant activities have to demonstrate adequate economic substance in said jurisdiction. The beneficial owners of any company or limited partnership incorporated, registered or continued in The Bahamas should be aware of this legislation and consider how they may be affected. The Commercial Entities (Substance Requirements) Act, 2018 (“CESRA”) came into force on December 31st, 2018...

Kentucky Court of Appeals Rules Employers Must be Represented by Licensed Attorneys in Unemployment Hearings?
Dinsmore & Shohl LLP, April 2019

In an opinion released April 26 and designated for publication, the Kentucky Court of Appeals held the longstanding Kentucky law allowing a non-lawyer to represent a business entity at an administrative unemployment hearing is unconstitutional.[1] If upheld, this decision will have broad, statewide impact on how unemployment claims are handled in Kentucky...

April 26: World Intellectual Property Day
Morgan & Morgan, April 2019

In the year 2000, the United Nations General Assembly designated April 26 as World Intellectual Property Day. The purpose of this is to highlight the role thatintellectual propertyrights play in encouraging innovation and creativity. Across the globe, and at the initiative of the World Intellectual Property Organization (WIPO), there is a campaign every year to attract public interest to issues related to Intellectual Property...

Health Data Confidentiality on a Rise in the UAE
Afridi & Angell, April 2019

Recent events, including the investigations into Facebook’s handling of its users’ personal data, have highlighted the realization that personal data is, in today’s world, one of the most valuable resources for any business and that businesses not only collect and store their customers’ personal data but also use and even sell it for profit...

Labour Code Changes Due to the GDPR
Szecskay Attorneys at Law, April 2019

Due to the GDPR, the Hungarian Parliament passed a law on 1 April concerning changes to a number of acts containing data protection provisions. The Hungarian Labour Code is one of the laws that has been changed. The new law is expected to be published soon and its rules, which affect quite a number of data controllers, will become applicable on the 15th day following their publication. It can be expected that the new rules will become effective around 1 May...

Kentucky Expands Protections for Pregnant Workers
Dinsmore & Shohl LLP, April 2019

On April 9, 2019, Gov. Matt Bevin signed into law the Kentucky Pregnant Workers Act (KYPWA), which expands protections for pregnant employees under the Kentucky Civil Rights Act, KRS 344.010, et seq. Reasonable Accommodations for Pregnancy Effective June 27, 2019, employers with 15 or more employees in Kentucky in at least 20 calendar weeks in the current or preceding year will be required to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions...

Court Limits Authority of DOJ to Dismiss Relator Claims
Dykema, April 2019

  Court Limits Authority of DOJ to Dismiss Relator Claims April 23, 2019 TheGranston Memoraised concerns that the U.S. Department of Justice (DOJ) would employ its authority under 31 U.S.C. § 3730 tounderminequi tamrelator actions. Since the Memo was issued, the DOJ moved to dismiss 11 Anti-Kickback Statute cases brought by a professional relator, the National Health Care Analysis Group (“NHCAG”)...

Ultimate Beneficial Ownership Regulations
Afridi & Angell, April 2019

The DIFC Authority has issued the Ultimate Beneficial Ownership (UBO) Regulations, which took effect on 12 November 2018 (the Regulations). The Regulations require entities currently registered with, or to be registered with, the DIFC Authority to keep and maintain a UBO Register and (if applicable) a Register of Nominee Directors, setting out the details of the UBO and Nominee Directors respectively...

NLRB Shifts Position on Successor Employers
Dinsmore & Shohl LLP, April 2019

A recent decision by the National Labor Relations Board (NLRB), Ridgewood Health Care Center, Inc. (Ridgewood), has changed how the Board will define a “perfectly clear successor” when evaluating whether an employer is bound by an existing collective bargaining agreement (CBA) after acquiring another business...

Successor Employers Acquiring Unionized Workforces Benefit From NLRB Decision
Hanson Bridgett LLP, April 2019

In a recent case involving a health care facility, the NLRB issued a 3-1 decision that significantly changed a successor employer's bargaining obligations before imposing the initial terms and conditions of employment on a unionized workforce. While seemingly favorable to employers, the decision also serves as a reminder to companies that they should act cautiously and consult with counsel before they take over a business with a unionized workforce...

Worker Participation of the Works Council in Employee Survey
Heuking Kühn Lüer Wojtek, April 2019

The recent decision of the FOPH (FOPH, decision of 11.12.2018 - 1 ABR 13/17) gives additional grounds for further clarifying the practical question of to what extent the conduct of an employee survey is subject to worker participation by the works council. The Respondent - a parent company of a postal and logistics company - has been carrying out an annual Group-wide employee survey since 2007 using a standardized electronic questionnaire...

Stopping Issues from Becoming Crises: Best Practice for Food Business Operators
Shepherd and Wedderburn LLP, April 2019

The presence of a small amount of undeclared sesame in a particular product may seem trivial but, for those who are allergic, it can provoke a major reaction. Such was the predicament faced by Pret a Manger in July 2016, following the death of Natasha Ednan-Laperouse that same month due to the undeclared presence of sesame in a Pret baguette...

Leave Reduction During Parental Leave Period Not in Breach of European Law
Heuking Kühn Lüer Wojtek, April 2019

FOPH of March 19, 2019 - 9 AZR 362/18 The statutory leave entitlement according to Sec. 1, 3 Federal Leave Act (BUrlG) also exists for the period of parental leave, but may be reduced by the employer pursuant to Sec. 17 (1) (1) Federal Parental Allowance and Parental Leave Act (BEEG). This requires a legal declaration completed upon receipt aimed at reduction. Sec. 17 (1) BEEG is in line with EU law...

Successor Employers Acquiring Unionized Workforces Benefit From NLRB Decision
Hanson Bridgett LLP, April 2019

In a recent case involving a health care facility, the NLRB issued a 3-1 decision that significantly changed a successor employer's bargaining obligations before imposing the initial terms and conditions of employment on a unionized workforce. While seemingly favorable to employers, the decision also serves as a reminder to companies that they should act cautiously and consult with counsel before they take over a business with a unionized workforce...

European Whistleblowing Directive will be Effective as of April 2019
Heuking Kühn Lüer Wojtek, April 2019

At European and national level, discussions have been going on for years on how best to protect the so-called whistleblowers from being victims of retaliation measures by those whose actions they have uncovered. Whistleblowers are persons who, as "insiders" (such as employees) disclose dubious practices of the institutions they serve. Here we think first and foremost of persons such as Edward Snowden, whose disclosures were directed against state measures...

Changes to Trademark Law from 16 March 2019
Wardynski & Partners, April 2019

An amendment to the Industrial Property Law took effect on 16 March 2019, transposing into Polish law the Trademark Directive (2015/2436). The amendment is not revolutionary but will certainly have huge practical implications. The changes have been made primarily to better align the EU and national trademark systems...

Participation of the Representative Body for Severely Disabled Persons During the Dismissal Process
Heuking Kühn Lüer Wojtek, April 2019

(FOPH, Ruling of 12.13.2018, 2 AZR 378/18) In a very helpful decision for the practice, the FOPH has commented on the procedure for consulting with the representative body for severely disabled persons before dismissals. It is sufficient for the employer to consult the representative body for severely disabled persons before notice of dismissal in accordance with the basic principles applicable to the participation of the works council pursuant to Sec...

Beware: Violations Of State Safety Requirements Bring Penalties For Both State Fund and Self-Insured Employers
Dinsmore & Shohl LLP, April 2019

Recently, Dinsmore has noticed an uptake in claimant allegations that an employer has caused an accident due to violation of a specific safety requirement (VSSR). A VSSR award is an additional award paid to the employee by the Bureau of Workers’ Compensation (BWC) billed directly to state fund employers or paid directly by a self-insured employer...

Age Limit - Postponing the Termination Date
Heuking Kühn Lüer Wojtek, April 2019

Federal Labor Court, ruling of 19 December 2018 - 7 AZR 70/17 The provision of Sec. 41 p. 3 Social Code (SGB) VI allows employers and employees to postpone the termination of the employment relationship upon reaching the regular retirement age of the employee. According to a ruling of the German Federal Labor Court (BAG) of 19 December 2018 (Ref. 7 AZR 70/17), this regulation is compatible with higher-ranking law...

Change is Coming to the Landed Estates in Scotland
Shepherd and Wedderburn LLP, April 2019

TheScottish Land Commission recently published their reportinto what it describes as the issues associated with largescale and concentrated land ownership in Scotland. The report draws a number of conclusions and makes recommendations to the Scottish Government about potential future legislative change that might have far-reaching consequences for rural land ownership...

Standardization of the Level of Administrative Fines under the GDPR?
Heuking Kühn Lüer Wojtek, April 2019

The administrative fines that have been imposed by the different European supervisory authorities since the GDPR took effect vary enormously. While the highest administrative fines imposed by the German authorities to date have been EUR 20,000 and EUR 80,000 and have therefore remained well below the possible maximum fine of EUR 20 million or 4 % of worldwide annual turnover, other countries’ supervisory authorities have already delivered higher fines...

Possible Changes to the Legalization and Regulation of Hemp and CBD Oil
Dinsmore & Shohl LLP, April 2019

The U.S. Food and Drug Administration (FDA) recently announced new steps it is taking to determine a framework for lawful marketing of appropriate cannabis and cannabis-derived products.[i] As expressed in the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), the FDA has the authority to regulate products containing cannabis or cannabis-derived compounds...

New Tawazun Economic Program Policy Guidelines Issued
Afridi & Angell, April 2019

The UAE has had an offset program for the better part of 30 years. It was originally conceived as an inducement for investment in industrial ventures in the UAE that would contribute to the diversification of the UAE’s economy. This underlying purpose continues today. However, the offset program, as originally devised, looked for development in non-military and non-hydrocarbon sectors...

BVI: Economic Substance Legislation
Morgan & Morgan, April 2019

The British Virgin Islands (BVI) has passed legislation requiring certain legal entities carrying on relevant activities to demonstrate adequate economic substance in the BVI. The owners of any company or limited partnership registered or incorporated in the BVI should be aware of this legislation and consider how they may be affected. The Economic Substance (Companies and Limited Partnerships) Act, 2018 (the Act) came into force on January 1st, 2019...

IRS Clarifies General Public Use Requirements for Residential Rental Projects Financed by Tax-Exempt Bonds
Dinsmore & Shohl LLP, April 2019

The Internal Revenue Service recently eliminated an inconsistency between the definition of “general public use” for purposes of the low-income housing tax credit (LIHTC) under §42 of the Internal Revenue Code of 1986 (the “Code”) and the definition of “general public use” for purposes of tax-exempt multifamily housing bonds under Code §142(d)...

Luxembourg VAT Updates
ALTIUS/Tiberghien, April 2019

Brexit Newsletter from AED The Registration Duties, Estates and VAT Authority (AED) has issued a Newsletter informing all taxpayers of VAT related consequences of a British exit from the European Union (EU) as from 29 March 2019, (in case no withdrawal agreement is agreed between the EU and the United Kingdom (UK). Click here to access to the AED Newsletter. In the meantime, the date of the withdrawal of the UK from the EU has been postponed until 12 April 2019...

OCR Publishes Recommendations to Prepare for Cybersecurity Threats
Dinsmore & Shohl LLP, April 2019

The Department of Health and Human Services Office of Civil Rights (OCR) Spring 2019 Cybersecurity Newsletter includes new recommendations regarding how HIPAA covered entities can prepare to defend against cybersecurity attacks such as advanced persistent threats (APTs) and zero-day vulnerabilities...

Parody and Abuse
ENSafrica, April 2019

A long-running legal dispute in the USA involving the brand Louis Vuitton is interesting. Not only does it deal with parody as a defence to trade mark infringement, but it also deals with trade mark bullying.What happened here was that Louis Vuitton sued a company called My Other Bag for selling cartoon-style tote bags bearing the name Louis Vuitton, claiming trade mark and copyright infringement. The case failed, with the alleged infringer successfully raising the defence of parody...

 

 

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