Here's a refresher: Discriminating against a subclass of a sex — e.g., older women or black women — may still be discrimination. In a Sept. 19 opinion in McCreight v. AuburnBank, the U.S. Court of Appeals for the Eleventh Circuit clarified a few things for the summary judgment standard and provided a good refresher on "sex-plus" discrimination, or discrimination based on a subclass of sex ...
Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction dispute, Mobile Infirmary does address a key component of risk shifting in construction contracts — the indemnity clause ...
Deal round-up: Schemes of Arrangement in Guernsey This surge in takeovers reflects a general market trend for companies listed on the London Stock Exchange (“LSE”) over this same period and it is no surprise that Guernsey companies have been affected, given that Guernsey is the second most common jurisdiction for companies listed on the LSE, second only to the UK itself. The takeovers have been a mixture of public-to-private deals and consolidations by way of a share exchange ...
Climate change is affecting the world, and its impact is notably most seen in the rise in sea levels and flooding from major weather systems, as evident in the recent events in Florida in the US. These changes directly threaten oceanfront communities and the local real estate market. Oceanfront properties, once considered prime real estate, are now facing significant devaluation globally due to the encroaching threat of rising waters ...
By: Matthew Ginder, Esq. As the general election approaches in November, Florida voters will have the opportunity to decide on the state’s adult-use marijuana initiative identified on the ballot as Amendment 3. In the most expensive state marijuana legalization effort to date, there have been various narratives about Amendment 3. This blog is intended to clarify important aspects of Amendment 3 ...
The recent takeover of Capital & Regional by NewRiver REIT marks the latest example of consolidation in the UK REIT market, following other notable deals such as the LondonMetric takeover of LXi, as well as the merger between Tritax Big Box and UKCM. This wave of corporate activity has been driven by several factors. One trend is the shift towards specialisation, with REITs increasingly differentiating themselves to investors by focusing on specific sectors ...
From 26 October 2024, employers will be required to take reasonable steps to prevent sexual harassment in the workplace. Employers must ensure they understand the parameters of this new duty and have implemented the measures needed to comply with it. What the Act says The Act requires employers to take reasonable steps to prevent sexual harassment of their workers in the course of their employment ...
Stress and burnout at work is becoming an increasingly spoken about topic, particularly in high pressure roles and sectors such as cyber security professionals within the tech sector. How can employers help to prevent their employees from experiencing it? What is stress and burnout? There is no doubt that employee stress levels have risen as the demands of the workplace have increased ...
Working time’ for National Minimum Wage (NMW) purposes can cause a real headache for employers and the case law in this area continues to develop as (travel) time moves on. The National Minimum Wage Regulations 2015 (SI 2015/621) (NMW Regulations 2015) define various types of ‘work’ which includes ‘time work’ ...
Data subject access requests can be a compliance headache for businesses. The first of our series on DSARs looked at how data protection “by design” can make the job easier. But what about deciding whether or not to resist a DSAR when it actually lands? Dealing with data subject rights requests, or DSARs, is one of the biggest compliance headaches for many businesses ...
The Employment Rights Bill 2024 promises to bring substantial change to employment law across Great Britain, designed to enhance worker protections and promote fair employment practices. We consider the key changes and their implications for employers. Key changes Day-one rights for unfair dismissal One of the most significant changes is the introduction of day-one rights for unfair dismissal ...
In our eighth article in the series focusing on the risk of discrimination in the workplace, we consider the protected characteristic of disability, the common issues that arise and what employers can do to avoid discrimination claims. What is disability discrimination? Disability discrimination occurs where a job applicant or employee is treated less favourably because of their disability ...
Tine Renate Granlund has core expertise in real estate, construction law, and dispute resolution/litigation. She assists contractors at all stages of property development projects – from problem-solving in the early phase, drafting contracts, and handling challenges along the way to disputes that may arise subsequently ...
Non-compete agreements can be an effective method for protecting confidential and proprietary business information. However, over the past several years, it seems that non-compete agreements have been falling out of favor ...
October 9, 2024 By: Kathryn Fox and Michelle Lopez On September 30, 2024, Governor Gavin Newsom signed SB 988 into law. The new state law, known as the Freelance Worker Protection Act (“FWPA”), goes into effect on January 1, 2025. The FWPA provides various protections to freelance workers and imposes minimum requirements on any contracts entered into or renewed on or after January 1, 2025 between freelance workers and hiring parties ...
October 8, 2024 By: John L. Hosack and Jason E. Goldstein In a victory for all insureds who have title insurance policies, and possibly a victory for insureds under other real property related insurance policies, the California Court of Appeal in Tait v. Commonwealth Land Title Insurance Company (2024) 103 Cal.App.5th 271, 277 (rev ...
October 7, 2024 By: Alexandra Shulman and Leah Lively AI in hiring: About 80% of U.S. and almost all Fortune 500 companies use AI-powered hiring software. AI may be used to target online advertising for job opportunities and to match candidates to jobs on employment platforms (e.g., LinkedIn, Indeed). AI may also be used to reject or rank applicants using automated resume screening and chatbots based on knockout questions, keyword requirements, or specific qualifications or characteristics ...
A recent High Court decision has important implications for commercial real estate owners considering taking enforcement action against defaulting tenants, particularly during unprecedented situations or in connection with newly enacted legislation ...
October 2, 2024 By: Manuel Fishman* Beginning on January 1, 2025, landlords of commercial properties – be they office, industrial or retail, will need to develop new procedures when entering into leases with a newly defined class of tenants, identified as “qualified commercial tenants ...
October 1, 2024 By: Braeden Mansouri and Alicia Guerra On September 29, 2024, Governor Gavin Newsom signed into law Assembly Bill 98 (“AB 98”), which limits warehouses from being built near “sensitive receptors.” AB 98 establishes new standards for the construction warehouses of certain sizes and for warehouses located in certain parts of the state ...
On the 23rd August, 2024 a new set of regulations (the “Regulations”) were promulgated under Legal Notice 196 of 2024 enabling requests for the amendment or revocation of conditions imposed in the original deed of sale or emphyteusis concerning property transferred by the Government of Malta (the “Government”), the Lands Authority (the “Authority”), or any ecclesiastical entity which subsequently transferred the title to the Government ...
The UK Government has now enacted secondary legislation to reflect the new “go live” date of the Procurement Act 2023 (the “Act”) on 24 February 2025. On 16 September 2024, the Procurement Act 2023 (Commencement No 3 and Transitional and Saving Provisions) (Amendment) Regulations 2024 (SI 2024/959) (“Amendment Regulations”) were made ...
If you work in the area of HUD-insured multifamily or healthcare loans, you are likely to have encountered a floodplain on a property prior to a HUD application and wondered “what do I do now?” You would not be alone. HUD’s environmental requirements in 24 CFR Part 50 are some of the most daunting and least understood elements of the HUD loan process ...
This newsletter gives a short overview of the latest legal and administrative developments when temporarily posting workers to Belgium. The topics covered are relevant for both foreign posting employers and Belgian service users. 1. The Limosa notification and the place of work: administrative clarifications When filing a Limosa notification for your posted workers, you must, amongst others, identify the place of work. However, this is not always easy to do ...
