On April 20, 2022, the government issued Order in Council 656-2022, which makes significant amendments to the Regulation respecting categories of insurance contracts and classes of insureds that may derogate from the rules of articles 2500 and 2503 (the ?Regulation?). The original version of the draft regulation with the same title (the ?Draft Regulation?) was the subject of one of our publications last September ...
Economic sanctions (also called restrictive measures) are an instrument of influence of states or international organisations (EU, UN) on states and individuals whose activities violate international law and pose a threat to peace and security. Sanctioning states impose certain restrictions on sanctioned entities (e.g ...
On March 18th, 2022, the Labor Board (hereinafter the “LB”) issued its Regulation No. 2 (hereinafter the “New Regulation”) which replaced Regulation No. 5 of 2009, regarding the requirements and procedure for applying to an exceptional working schedule. The New Regulation became effective on April 1st, 2022 ...
Telework is not a new phenomenon. According to the International Labour Organization, its rise dates back to the 1970s when a major oil crisis prompted many companies to keep their employees at home to reduce their energy consumption1. That said, since the Covid pandemic, teleworking has become widespread. Now, nearly a quarter of Canadian companies (22.5%) expect that 10% or more of their workforce will continue to telework after business is back to normal2 ...
The pandemic has not slowed down the arrival of self-driving vehicles on our roads. This technological advancement is becoming more and more commonplace, giving rise to a need for deep reflection, especially in the automobile insurance industry ...
Overview The general counsel is requesting the NLRB find captive audience meetings to constitute an unfair labor practice if the employer fails to provide its employees with assurances against threat of discipline, discharge or other reprisal. The general counsel did not direct the regions to begin issuing administrative complaints against employers who require employees to attend captive audience meetings at this time ...
Niazi Licensing Corporation v. St. Jude Medical SC, Inc., Appeal No. 2021-1864 (Fed. Cir. Apr. 11, 2022) The Federal Circuit’s only precedential patent decision this week comes on appeal from a district court decision finding invalidity, granting summary judgment of no induced infringement, and imposing sanctions pursuant to Fed. R. Civ. P. 37 ...
On March 28, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the resolution of three investigations and one matter before an Administrative Law Judge related to compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule ...
President Joe Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which allows an individual asserting sexual assault or sexual harassment claims to bring such claims to court, even if they had previously agreed to mandatory arbitration. Dinsmore employment attorney Aly St. Pierre wrote about what employers need to know about this new law for The Indiana Lawyer. An excerpt is below ...
A summary of the key takeaways from a recent webinar on reducing scope 3 employee commuting and homeworking emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’. When setting science-based targets through the Science Based Targets initiative (SBTi), companies whose Scope 3 emissions account for more than 40% of their total emissions must set Scope 3 targets ...
Our Shoospeak HR podcast welcomes special guest Pavan Sumal who explains the options open to Ukrainians looking to flee the current conflict. Shoosmiths colleagues Andy Graham and Amy Leech are joined by special guest Pavan Sumal (Associate within Shoosmiths’ Immigration Team) to discuss visa options and other immigration support available for Ukrainians fleeing the current conflict ...
On April 7, 2022, Finance Minister Chrystia Freeland tabled the federal government?s new budget for 2022. This budget includes several tax measures relevant to the mining industry in Canada. The Canadian federal government intends to provide $3.8 billion over eight years to implement Canada?s first critical minerals strategy ...
Recently, in Beal v. Outfield Brew House, LLC, 2022 U.S. App. LEXIS 7748 (8th Cir. Mar. 24, 2022) the 8th Circuit Court of Appeals upheld two district court decisions, each of which found that the marketing software called “Txt Live” used by the defendants to send promotional text messages to phone numbers randomly selected from a customer database is not an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) ...
Littelfuse, Inc. v. Mersen USA EP Corp., Appeal No. 2021-2013 (Fed. Cir. Apr. 4, 2022) Our Case of the Week focuses on the issue of claim construction, and, more specifically, the doctrine of claim differentiation. The patent at issue was directed to a “fuse end cap for providing an electrical connection between a fuse and an electrical conductor ...
On March 30, 2022, the Ninth Circuit Court of Appeals issued a decision in Oertwich v. Traditional Village Of Togiak, No. 19-36029 (9th Cir.) that has potential implications for tribal sovereign immunity, including recognizing that tribal sovereign immunity extends to tortious conduct occurring on non-tribal lands. Ronald Oertwich (“Oertwich”) was a non-tribal member living in the City of Togiak, Alaska (the “City”) ...
On February 24, Bill 14, An Act to ensure the Protection of Trainees in the workplace (hereinafter the ?Act?), received assent. The purpose of this Act is to provide better protection for people completing a training in a workplace. For this reason, it contains several provisions similar to those found in the Act respecting labour standards1 (hereinafter the ?ALS?) ...
The government have introduced various visa concessions for Ukrainian citizens affected by the conflict. Legal director of immigration, Rachel Harvey and Pavan Sumal, associate specialising in immigration law discuss the routes available and what you can do to assist. In country options Concessions are available for those who were in the UK at the start of the conflict ...
HM Treasury has recently published the outcome of its UK Prospectus Regime Review. The Review Outcome sets out important reforms to the UK prospectus regime for the public issuance of securities and admission to trading on capital markets, outlining the policy approach the UK Government will take following last year's Prospectus Regime Review consultation. This briefing note sets out the key measures confirmed by the UK Government in the Review Outcome ...
As we enter the brave new world in which we are all expected to get on with ‘living with COVID’, what should employers be considering for staff who know or suspect that they have COVID-19? What are the new rules? The government has been slowly winding down the COVID-related legal requirements in England over the past few months. While Scotland, Wales and Northern Ireland retain some restrictions it is expected that these will also be removed in due course ...
A recent judgement of the Court of Appeal brings welcome clarification of the principles regarding the recovery of wasted expenditure claims in IT disputes. Summary Whist wasted costs arising from failed IT implementations often form part of a subsequent loss of profit claim, the two forms of loss are separate and distinct. Consequently, in order to be effective, exclusions must specifically refer to wasted costs ...
On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the United States Code prohibits private employers from mandating that employees submit to arbitration of sexual assault and sexual harassment claims ...
Here we look at some of the possible avenues to explore in relation to contracts governed by English law if you are affected by events unfolding in Ukraine. Reviewing your contracts might seem like a minor inconvenience compared to what has been happening in Ukraine over the last month or so ...
