November 15, 2024 By: Artin Betpera, Christina Morgan and David Liu I. Introduction Any business operating a website needs to be aware of the proliferation of lawsuits targeting websites which use any type of customer tracking technology. While advantageous to the business in its marketing efforts, the data collection subjects the business to potential liability ...
Essential facts: state of mind and accessory liability for company directors At first instance and before the Court of Appeal, the Claimant, Lifestyle, successfully argued that the defendant company and two of its directors were jointly liable for trade mark infringement, and the directors had been ordered to account for profits made by them in connection with the company's infringements ...
A recent decision out of the U.S. District Court for the Middle District of Florida was very favorable for businesses defending Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act (FTA) claims. The decision in Adams v. Safelite Group reinforced the May 2023 FTSA amendments, particularly the text message “STOP” safe harbor provision, which applies to uncertified putative class actions pending when the amendments took effect ...
On October 11, 2024, the United States Department of Defense (DOD) published a final rule implementing its Cybersecurity Maturity Model Certification (CMMC) program, which is designed to verify that defense contractors are adequately protecting sensitive information from cybersecurity threats. The CMMC applies to contractors who process, store, or transmit Controlled Unclassified Information (CUI) or Federal Contract Information (FCI), which is most DOD contractors ...
In October of 2024, the Office of Federal Contract Compliance Programs (“OFCCP”) announced it had received two Freedom of Information Act (“FOIA”) requests to disclose EEO-1 Type 2 Consolidated Report data, which is filed annually by prime federal government contractors and first tier sub-contractors. The Type 2 report is one of the annual filings required for multiple-establishment covered contractors. The report includes demographic data for all U.S ...
Celebrating Nigel Carey's 50 years in law Nigel attended Elizabeth College in Guernsey and then Southampton University from 1967 to 1970, becoming a solicitor of the Supreme Court of England and Wales in 1974 and an Advocate of the Royal Court of Guernsey in 1975 ...
By: Natalie Benayoun, Esq. The Federal Trade Commission (FTC) has announced its final “Click-to-Cancel” rule in response to the overwhelming number of consumer complaints about negative option and recurring subscription practices. The Click-to-Cancel mechanism ensures that sellers make it as easy to cancel a subscription as it is to sign up. “Too often, businesses make people jump through endless hoops just to cancel a subscription,” said Commission Chair Lina M ...
Employers in California, and others with California employees and worksites, should take note of new laws set to take effect on January 1, 2025, as well as laws that have recently gone into effect that may impact their operations. Understanding the changes is essential for compliance, and Dinsmore’s labor and employment attorneys are available to assist with navigating these regulatory changes to ensure your organization remains compliant ...
By: Ruben Gotlieb, Esq. As many of you know by now, Donald Trump has won a second term as president. Additionally, Republicans in the U.S. Senate will have a small majority in Congress. It is still uncertain who will hold a majority in the House of Representatives. What does this mean for tax legislation set to expire, or “sunset,” at the end of 2025? To pass a permanent tax law, a majority of at least 60 senators is needed. Without this, the law can only last for 10 years ...
Carey Olsen lawyers achieve 31 individual rankings in The Legal 500 Caribbean 2025 Carey Olsen lawyers have secured 31 individual rankings in the 2025 edition of The Legal 500 Caribbean, including 18 'Leading Partner' rankings, 10 'Next Generation Partner' rankings and three 'Leading Associate' rankings ...
Resolutions and meetings of Guernsey Companies The articles of incorporation (the “Articles”) of a company must always be checked for specific requirements relating to general meetings. Note, however, that in certain circumstances the Articles may be overridden by The Companies (Guernsey) Law, 2008 (as amended) (the “Law”), which provides for certain basic shareholder protections in specific circumstances ...
Proposed amendments to the BVI Business Companies Act Register of members At the moment, a Company must maintain a private register of members (“Private ROM”), which includes the following information (the “Shareholder Information”): the date each shareholder held/ceased to hold shares in the Company; the number (and class) of shares held by each shareholder; each shareholder’s name and residential address, if they are a natural person; each s
Carey Olsen Bermuda celebrates standout results in The Legal 500 Caribbean Carey Olsen Bermuda has been promoted to Tier 1, the top ranking for practice area categories, in Corporate and Commercial and Insurance/Reinsurance, while also maintaining its Tier 1 rankings in Dispute Resolution; Regulatory and Compliance; and Trusts/Private Client ...
Insurance M&A: Bermuda’s change of control requirements In the complex landscape of mergers and acquisitions (“M&A”), regulatory challenges play a critical role in the success of transactions ...
Carey Olsen takes lead role in new TISE 'Specialist Companies' equity rulebook Carey Olsen is part of the TISE Rules Committee, which helped finalise the Specialist Companies Equity Rules (as well as all previous Listing Rule updates). The Specialist Companies Equity Rules are intended to attract privately held structures whose securities are not intended to be frequently transferred or traded and which are primarily held by institutional and professional investors ...
Incorporating a Guernsey Company Guernsey companies are regularly listed on the Main Market and AIM Market of the London Stock Exchange as well as, among others, the New York Stock Exchange, Euronext, The International Stock Exchange (formerly the Channel Islands Securities Exchange) and the Hong Kong Stock Exchange ...
As the year winds down, it’s a good time to take stock of your life as both a person and a litigator. Are you going in the direction you want, are you shortchanging one aspect of your life to benefit another? Is it working for you? Guests Anne Marie Seibel and Paula Hinton are experienced and highly successful litigators who explain how they learned to balance family and careers, professional goals, and personal aims ...
In the past month, the U.S. Citizenship and Immigration Services (“USCIS”) has launched a voluntary I-9 verification process called “E-Verify+” aimed at improving the I-9 and E-Verify processes and streamlining employer workflows. E-Verify+, which was originally referred to as “E-Verify NextGen,” has been in the works for several years ...
Five Carey Olsen partners named leading Cayman lawyers by Lawdragon Lawyers featured in the 2025 guide are regarded as specialists in their field, have typically practised for 10 years or more and have significant on-the-ground experience in the Cayman Islands. Lawdragon's selection process incorporates nominations and extensive independent journalistic research, drawing on their more than 35 years' experience of legal research and reporting in the United States ...
Guernsey Incorporated Cell Companies Key features The Companies (Guernsey) Law, 2008 (the “Law”) provides for the creation of the incorporated cell company. An ICC is a company which has the power to establish incorporated cells as part of its corporate structure. Like a protected cell company (“PCC”), an ICC may comprise any number of incorporated cells (“Cells”) ...
United States Citizenship and Immigration Services (“USCIS”) has approved a new credentialing organization for certain healthcare workers for immigration purposes. USCIS approved the application from International Education Evaluations, LLC (IEE), which went into effect October 25, 2024 ...
Carey Olsen named among Singapore's Best Law Firms by The Straits Times The list recognises the 100 most highly regarded law firms as recommended by almost 6,000 legal professionals across 18 different fields of law. The firm has previously been recognised by the Singaporean newspaper as 'Singapore's Best Law Firm' for 2022 and 2023 ...
The International Entrepreneur Rule (“IER”) is a mechanism enacted by the U.S. Department of Homeland Security (“DHS”) in 2017 to help encourage noncitizen investors and entrepreneurs to continue their business ventures in the United States. Under the IER, Entrepreneurial Parole is available for up to three persons who have a substantial ownership interest (at least 10%) in a startup entity created in the U.S. in the past five years ...
Abstract “[I]t is better that ten guilty persons escape than that one innocent suffer.” 4 William Blackstone, Commentaries *358. “[I]t is better that ten innocent men suffer than that one guilty man escape.” Otto von Bismarck, Germany’s first chancellor, quoted in John W. Wade, Uniform Comparative Fault Act, 14 Forum 379, 385 (1979). Punishing the innocent is considered an “error” that the legal system must minimize ...
By: Melissa Groisman, Esq. As of October 1, 2024, Florida has implemented stricter flood disclosure requirements for residential real estate transactions. This means that sellers are now required to disclose a property’s flood risk to potential buyers prior to executing a purchase and sale agreement. What Does This Mean for Sellers and Buyers? Sellers: To comply with the new law, sellers must disclose any previous flood damage claims and federal assistance received due to flooding ...
