On Thursday, August 19, 2022, as mandated by Executive Order 14063, issued by President Biden February 4, the Federal Acquisition Regulatory Council proposed a rule to amend the Federal Acquisition Regulations (FARs) to require that federal contractors and their subcontractors enter into project labor agreements (PLAs) with unions as a condition to receiving federal construction contracts worth $35 million or more ...
The decision will be relevant for parties seeking to bring claims in the BVI courts where there are competing jurisdictions and systems of law at play. Funders and ATE insurers will also find the decision of interest where they are considering the merits of funding cross-border claims involving BVI defendants. A copy of the judgment is available here. Background WWRT had commenced proceedings in the BVI against Carosan, a BVI company, and BK, a Ukrainian businessman ...
Each year, our firm invites students studying at Thai universities in the Faculty of Law to apply for our Internship Program. Our Internship Program encompasses training, workshops, and opportunities to gain insights from actual business scenarios and participate in client-facing initiatives. You will get to learn from our core practice groups including capital markets, corporate and M&A, dispute resolution and litigation, and tax practice ...
Quarles & Brady partner Chris Nickels provided insight for an American City Business Journals article about what the latest COVID-19 guidance from the Centers for Disease Control and Prevention (CDC) means for employers ...
This week, we provide extensive write-ups about two consequential decisions issued by the United States Court of Appeals for the Federal Circuit concerning two procedural issues under the America Invents Act (“AIA”), both following Supreme Court decisions. In In re: Palo Alto Networks, Inc., Appeal No. 2022-145 (Fed. Cir. Aug ...
The Court of Appeal's judgment in Tesco v USDAW and others, handed down a few weeks ago, has confirmed that 'fire and rehire' is still an option available to employers, which will come as a relief to many organisations ...
Introduction In order to enforce a claim that is in default and overdue, there must be either a so-called general basis for enforcement (judgment, in-court settlement, etc.) or a special basis for enforcement. Special bases for enforcement will vary depending on the asset that needs to be realised ...
Summer 2022 has been an incredible season for women’s sport. In the UK, the English women’s football team won the UEFA Women’s Euros and there has been a brilliant run of British winners at the Commonwealth Games, including gold medals for Eilish McColgan in the 10,000 metres, Pauline Wilson and 72-year-old Rosemary Lenton in the Para lawn bowls, and Katarina Johnson-Thompson in the heptathlon, to name a few ...
Dear valued clients, colleagues and friends, On 12 August 2022, the much-anticipated Employment (Amendment of First Schedule) Order 2022 was gazetted and it will come into force with effect from 1 September 2022. These amendments are far reaching as the scope of the Employment Act 1955 will now cover all employees, regardless of their monthly wages ...
Nelfo is a national trade association for electro, IT, electronic communications, system integrators, and lift companies in Norway. The main point addressed in the complaint to ESA was the allegation that the municipality had overcompensated companies within the BKK Group for maintaining and operating street lights along municipal public roads ...
On June 14, 2022, HB 140 (134th General Assembly; Amended House Bill 140), also known as the “Ballot Uniformity and Transparency Act” (the “Act”), was signed into law, providing dramatic changes to Ohio’s ballot language and election notices for property tax levies and bond issues affecting Ohio political subdivisions (Click Here for Summary) ...
As all court cases do, the Supreme Court's landmark decision in West Virginia v. EPA last month addressed a specific question: whether the Environmental Protection Agency had the statutory authority to shut down power plants and reshape significant parts of the energy sector in its effort to reduce emissions. The answer was a plain and simple no. Equally clear was the court's argument, which has implications for administrative actions well beyond this case ...
According to Thai labour laws, an employer is empowered to terminate an employee’s employment at its will, except for members of the Employee Committee which requires a court order for dismissal. However, the consequences of dismissal with and without statutory causes under the Labour Protection Act B.E. 2541 (the “Labour Protection Act”) will be different in terms of the statutory payments for which the employer is legally required to pay the employee ...
August 17, 2022 By: Gwenneth O’Hara, Nora Sheriff and Christopher Parker President Biden signed the Inflation Reduction Act of 2022 (HR 5376) (the Act) into law on August 16, 2022. This update provides a high level overview of the Act’s incentives for the energy sector. We have published a separate update regarding the Act’s energy storage incentives. The Act provides $750 billion for a range of issues, including $400 billion for energy and climate ...
Our latest article provides a useful checklist to help in-house legal teams consider potential implications when dealing with employment claims arising from the pandemic, which are linked to civil and/or criminal claims and the COVID-19 public inquiry. Companies have been receiving Employment Tribunal claims arising from the pandemic – ranging from unfair dismissal (no jab, no job) to whistleblowing and bullying claims relating to alleged employer breaches during the multiple lockdowns ...
Pensions dashboards have been a long time in the making, but we can be certain now that they are coming, and soon. Trustees of schemes with more than 100 members (excluding pensioner members) will need to ensure that they connect to the dashboard by their statutory connection date - but there’s a lot of preparatory work needed to make that possible ...
Hologic, Inc. v. Minerva Surgical, Inc., Appeal Nos. 2019-2054, -2081 (Fed. Cir. Aug. 11, 2022) Our Case of the Week follows the Hologic saga as it returns to the Federal Circuit on remand from the Supreme Court’s decision vacating the prior Federal Circuit opinion in 2021. We covered that decision here. The case concerns the doctrine of assignor estoppel. In this decision on remand, the Federal Circuit concluded that assignor estoppel applied ...
The Equal Employment Opportunity Commission ("EEOC") recently updated its guidance in July of 2022. According to the new guidance, the COVID-19 pandemic no longer automatically meets the business necessity requirement for medical examinations i.e. COVID-19 testing. This means that employers are now required to conduct an individualized assessment to determine whether COVID testing is warranted based on "evolving pandemic circumstances ...
PATENT CASE OF THE WEEK Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings of law professors, students, and legal theorists everywhere: whether artificial intelligence software can be listed as an inventor on a patent application. It cannot ...
Peerasanti Somritutai, partner was invited to be a speaker at the Legal Vision Asia Pacific on the topic of Thailand During the Pandemic: Employers’ Consideration, a vlog series organized by the World Services Group (WSG). He provides insight on measures employers have implemented to protect employees and minimize redundancy in Thailand. And, address procedures for remote and in-office work arrangements based on latest government and legislative changes ...
Under article 253(d) of the National Internal Revenue Code (NIRC), when an association, partnership or corporation commits an act or omission that violates the Tax Code, the penalty "shall be imposed on the partner, president, general manager, branch manager, treasurer, officer-in-charge, and the employees responsible for the violation". This means that any of the persons enumerated may be criminally prosecuted for the corporation or partnership's criminal act or omission under the code ...
The Supreme Court has ruled that any worker or employee who works for part of the year but has been employed on a continuing contract must receive 5.6 weeks’ leave at full pay. This means they will likely receive proportionately more annual leave and pay than their full-year counterparts. Employers cannot pro-rate a worker’s statutory holiday allowance to reflect the number of weeks they actually work ...
With the next August public holiday on the horizon, we look at what can be a complicated area in calculating bank holiday entitlement for individuals who work part-time and/or on compressed hours. Under the Working Time Directive (WTD), which is now retained EU law, a worker has the right to a minimum of 4 weeks’ annual leave (or 20 days for a full-time worker). The Working Time Regulations 1998 (WTR), which implement the WTD into UK law, provide an additional 1 ...
