AML/ATF and Sanctions The Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations 2008 require the Bermuda regulated sector and relevant persons to put in place policies and procedures in order to prevent activities related to money laundering and terrorist financing and to apply enhanced customer due diligence to high-risk jurisdictions ...
Realtime Adaptive Streaming LLC v. Netflix, Inc., Appeal Nos. 2021-1484, -1485, -1518, -1519 (Fed. Cir. July 27, 2022) In our Case of the Week, the Court of Appeals for the Federal Circuit concisely affirmed an award of attorneys’ fees for gamesmanship that can be politely characterized as “impermissible forum shopping.” Judge Reyna dissented because he did not think the sanctions went far enough ...
The current regime Under the current regime in the Cayman Islands, the only option for a company to obtain a moratorium on claims, and to benefit from what is often seen as necessary breathing room to explore a restructuring, is for a winding up petition to be issued against the company and for the company to be placed into provisional liquidation, with provisional liquidators (JPLs) appointed over the company on a light-touch basis with the mandate to explore a restructuring of the company&r
The Ministry of Public Works and Housing (“MPW”) has issued the Circular Letter No. 21/SE/M/2021 on The Procedures for Fulfillment of the Business License Requirements, the Implementation of Construction Work Competence Certification, and the Implementation of Business Entity Certificates and Construction Work Competence Certificates (“Circular Letter”) ...
The recent Argos decision has partially overturned the Bakers of Nailsea decision in relation to summary only offences and the requirements of Criminal Procedure Rules. Public prosecutions begin after an authorised body applies to the magistrates’ court for a summons alleging an offence. The rules underpinning this process are in the Criminal Procedure Rules (CrimPR) Part 7 (and associated Practice Direction). One such rule, CrimPR 7 ...
A year after Ms Maya Forstater succeeded in establishing in the Employment Appeal Tribunal that gender-critical beliefs are a protected philosophical belief under the Equality Act 2010, she has won two of her claims for direct discrimination and one claim for victimisation. Employers need to tread very carefully both to balance individual employees' rights to hold sometimes conflicting protected beliefs and to foster a culture that is truly inclusive ...
The Supreme Court has handed down its decision in the claim of Harpur Trust v Brazel, which may have a significant impact on employers of part-year workers. Background Under the Working Time Regulations (“WTR”), workers are entitled to a minimum of 5.6 weeks’ annual leave and to be paid holiday pay at a rate of a week’s pay ...
On 21 July 2022, Baroness Heather Hallett issued an opening statement in respect of the COVID-19 Inquiry ('the Inquiry'). As Chair, Baroness Hallett expressed her determination to “run the Inquiry as thoroughly and as efficiently as possible” and “to undertake and conclude the work of this Inquiry as speedily as possible so that lessons are learned before another pandemic strikes ...
Dr Christine Calleja and Dr Warren Ciantar, in collaboration with 21 Malta, delivered a one hour presentation on the new rights introduced by the Work-Life Balance for Parents and Carers Regulations, on Wednesday 20th July 2022. The main rights to be introduced by the Regulations will be paid paternal leave, partly paid parental leave and unpaid carer’s leave ...
New Past Performance Regulations from the SBA: Section 868 of the National Defense Authorization Act for Fiscal Year 2021, Public Law 116–283, required the Small Business Administration (the SBA) to develop regulations that permit small businesses, when submitting offers in response to federal procurements, to use their past performance as a member of a joint venture or as a subcontractor to a prime contractor ...
On November 18, 2021, President Biden issued Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” reinstituting the requirement that successor contractors on Service Contract Act contracts offer positions to the employees of the predecessor contractor. President Trump had previously rescinded this requirement with Executive Order 13897 ...
Stanford Economist Nick Bloom Shares WFH Trends and Predictions View Webinar More than two years into the pandemic, businesses are still wrestling with how to best navigate return to office (RTO). Firms that do it right stand to increase retention, equity, and business performance and forge a new culture of collaboration. But widely varying and evolving business and employee needs make it difficult to unravel the best course of action ...
In a ruling of 19 April 2022, the Belgian Supreme Court decided that an A1-certificate issued by a competent foreign authority to a posted worker does not exclude compliance with the DIMONA obligation. Does this mean that all foreign employers posting employees to Belgium must now file both a LIMOSA and a DIMONA declaration? This article sheds some light on the scope of the Supreme Court’s decision and the particular context in which it was taken ...
The Court of Appeal has dismissed an appeal by commercial tenants against the High Court’s summary judgment rulings ordering them to pay rent arrears notwithstanding the COVID-19 pandemic ...
Fostering diversity and inclusion at the recruitment stage has a beneficial impact, not least in terms of increased applications and a greater likelihood of attracting the right talent to your organisation. Here are our top tips for getting it right. Consider alternative talent pools It is well publicised that vacancies are at record highs, with currently more vacancies than people in work ...
Chloe, the assistance cat, has hit the headlines of several newspapers over the past few weeks, following her owner (Mr Fenn) bringing a claim under the Equality Act 2010 against Sainsbury’s supermarkets after they refused Chloe’s entry to the store. Mr Fenn has autism; a consequence of his autism is that he experiences sensory overload in busy places such as the supermarket and he states that Chloe helps him to focus ...
The Government has announced the dates for implementation of the Economic Crime (Transparency and Enforcement) Act 2022. Overseas entities with prospective or existing land holdings in the UK must plan for the impact of the Act. The Act implements plans to address hidden foreign investment in the UK as part of the government’s strategy to crack down on overseas criminals using UK property for money-laundering ...
Houst’s Restructuring Plan was sanctioned last week. It was notable because of its size, that is, the company is very small compared with the financial giants which have used the process so far - and because it used the cram-down facility to overrule HMRC in its status as a secondary preferential creditor ...
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CareDx, Inc. v. Natera, Inc., Appeal Nos. 2022-1027, -1028 (Fed. Cir. July 18, 2022) In its only precedential patent opinion this week, the Federal Circuit held patents directed to the detection of organ transplant failure to be ineligible under Section 101. The patents at issue were all owned by Stanford University and licensed to CareDx. The patents concern the detection of organ transplant failure. When a transplanted organ is rejected, the body releases cfDNA ...
On Tuesday 19 July 2022 parts of the UK set new record temperatures. Charterhall in the Scottish borders recorded a temperature of 34.8 degrees Celsius, the highest ever recorded in Scotland. Whereas Coningsby in Lincolnshire reported a new UK high of 40.3 degrees Celsius. This has caused fires to break out in parts of the UK and resulted in the UK’s first ever red travel warning due to extreme heat ...
Competitive gaming is growing – quickly! Esports are growing in popularity and have already become a central feature of the entertainment landscape. Esport teams and events are becoming sophisticated and commercially valuable operations as they capture a growing number of eyeballs, clicks and high profile sponsorships ...
