On Oct. 25, 2021, the Department of Labor (DOL) issued Field Assistance Bulletin No. 2021-02 (the Bulletin). In the bulletin, the DOL revised and extended the temporary enforcement policy related to the DOL’s Fiduciary Rule/Prohibited Transaction Exemption 2020-02 (the DOL Fiduciary Rule) ...
Last week, the Norwegian Data Protection Authority announced that they intend to sanction Østre Toten municipality with a fine of NOK 4,000,000 due to the municipality’s non-compliance with the GDPR requirements. The announced sanction follows in the wake of the Data Protection Authority’s investigation of the municipality’s IT systems after it was exposed to a fatal ransomware virus attack in January this year ...
As with other parts of the UK, the last 18 months have seen a period of exceptional market activity in the living sector in Northern Ireland, despite the economic challenges of Covid. Much of that activity has in fact been driven by the societal challenges and behavioural shifts brought about by the pandemic ...
On Oct. 25, 2021, the Equal Employment Opportunity Commission (EEOC) updated its technical guidance for employers addressing questions regarding religious objections to employer COVID-19 vaccine requirements and how those requirements interact with federal equal employment opportunity (EEO) laws ...
The National Privacy Commission (“NPC”) issued on 7 October 2021 NPC PHE Bulletin No. 21 advising the public against smishing and preventive data privacy practices. Smishing targets victims through mobile text messaging or SMS. Individuals usually receive unsolicited messages that include links that redirect to fraudulent websites which steal personal data, introduce mobile malware, and even facilitate the commission of fraud ...
Today, World Menopause Day, I got up at 5.30 am to get the train to the office. This early start brought into sharp focus the impact that menopause can have on the working lives of women. Three years ago I would have taken an early start in my stride, I rarely had a bad night’s sleep. However, although in my early 40s, treatment for breast cancer caused early menopause, and among the symptoms I experience is frequently disturbed sleep ...
The Technology and Construction Court (TCC) in Eco World - Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC) enforced a liquidated damages (LDs) clause that did not allow for a proportionate reduction following partial possession of sections of a development. The TCC rejected that the clause was a penalty, and considered the argument that an invalid liquidated damages clause could still operate as a valid cap of liability ...
Further guidance for insurers and policyholders on business interruption claims is now available following an award made by Lord Mance in Certain Policyholders v China Taiping Insurance (UK) Co Ltd. Whilst the arbitration award will not be binding on the courts, it will no doubt prove persuasive and represents a victory for insurers, with Lord Mance finding no coverage under the denial of access cause in question ...
It is imperative that companies with government contracts, or those receiving federal grant funding, ensure that they have adequate cybersecurity protocols in place. The announcement by the Department of Justice (DOJ) of the Cyber Fraud Initiative strongly signals its intent to be aggressive in holding government contractors with lax cybersecurity standards and controls accountable ...
The Transparency Act requires that enterprises covered by the Act shall carry out and account for due diligence assessments in accordance with Section 4 and Section 5 and answer specific requests for information pursuant to Section 6 and Section 7 ...
There has been much in the media about the impact of the pandemic and the government response on children’s education, but arguably that impact has been magnified for those children and young people with Special Educational Needs and Disabilities (SEND). The Coronavirus Act 2020 The Coronavirus Act 2020 temporarily amended and extended deadlines for certain Local Authority duties towards children with SEND under The Children and Families Act 2014 ...
Led by Legal Director of Immigration, Rachel Harvey and Employment Partner, Emma Morgan, this webinar provided an insight into how best to remain compliant with Employment and Immigration requirements. Guidelines in this area are frequently subject to change and it is therefore crucial that employers remain aware of the rules and their potential wider implications ...
[!<CDATA[ I have worked at two law firms and participated in dozens of interviews at both with associate candidates. Whether you are interviewing in person or remotely, there are questions for which you should always be prepared. In addition, there is information you should be ready to provide even if you are not asked for it directly. The following are the five things that I believe every law student should know before interviewing with a law firm. 1 ...
As projects become more and more complicated, owners often look to simplify the building process by hiring a single firm to handle both design and construction. This is perfectly legal and commonly known as the “design-build” delivery method. A design-build project has many advantages. There is only one point of contact for the owner to manage ...
The Supreme Court of Canada has previously addressed this issue in Evans v. Teamsters Local Union No. 31 1 and concluded that, in certain circumstances, when an employer offers a new position to a dismissed employee, the latter may have to accept it in order to mitigate their losses. A few years later, in 2108805 Ontario inc. vs ...
[!<CDATA[ Bradley Arant Boult Cummings LLP attorneys Aron C. Beezley and Sarah Osborne examine proposed changes to the Federal Acquisition Regulation and highlight how they affect women-owned small businesses seeking a government contract ...
The potential for employees with differing protected characteristics to come into conflict with one another at work is an increasing problem for employers. We set out five top tips for employers when handling such conflicts in the workplace. Current caselaw Discrimination law in the UK protects those who have a protected characteristic, whether that be their race, religion or belief, sex, sexual orientation, disability or age among others ...
[!<CDATA[ Liability under the False Claims Act can result in potentially enormous payouts to individuals — and sometimes to companies — who alert the government to allegations of health care fraud. The payouts to the whistleblower or relator, which can be as much as 30% of the proceeds of the action or settlement, do not always attract those with valid claims ...
The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (i.e., the federal contractor vaccine mandate) ...
Key Points Skilled nursing facilities must ensure their medical directors are certified within five years of the date of hire or by January 1, 2027, for medical directors already working in a SNF SNFs must report medical director certification status to CDPH by June 30, 2022 SNFs must report medical director changes to CDPH within 10 days of the change Effective January 1, 2022, a skilled nursing facility (SNF) will be prohibited from contracting with a medical director unless
