This was introduced on 6 April 2022 and is an essential part of the recruitment process, as this will ensure you have a statutory excuse against a civil penalty and allow you to remain compliant as your duty of sponsors if you currently hold a sponsor licence. The digital right to work check can only be made by Identity Service Providers (IDSPs) for British and Irish Citizens as physical proof of documents are expected to finish by 2025 ...
We are looking for outstanding senior-level corporate and M&A lawyers with over 8 years of experience to join our award-winning practice. Careers Kudun and Partners Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...
We are looking for outstanding mid-level corporate and M&A lawyers with over 4 years of experience to join our award-winning practice. Careers Kudun and Partners Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...
Have you ever heard a story and thought, “That only happens in the movies!”? Well, this story may invoke that thought, but unfortunately for one lawyer, it transpired in real life. Although the rule is clear that lawyers cannot reveal privileged communications without client authorization, a Washington lawyer’s conduct illustrates that the rule is tough to remember, or recognize, in casual, friendly settings ...
Supreme Court Ruling Sets the Foundation for GST on Secondment of Employees AUTHOR: Reena Asthana Khair Senior Partner and Head International Trade & Indirect Taxation Kochhar & Co. EMAIL: [email protected] Japanese Multinational companies often share their talent pool across borders and jurisdictions by secondment of Japanese nationals ...
Basic as it may seem, the notification process is of fundamental importance when instituting a Court case. This process can at times be used to attack the validity of a judgement and hence, one will certainly understand the importance of getting it right. All this featured in a Court of Appeal judgement, delivered on the 4th of May 2022 in the names Farrugia nomine vs BNF Bank plc (App. Civ. 410/19/1) ...
In a case decided on the 4th May 2022 (case number 524/14), the Court of Appeal held that a restriction contained in an employment contract which prevented an employee from soliciting or interfering or endeavouring to entice a customer away from the company after termination of employment, for a period of two years, could be enforced by the employer ...
Employees have the right to access personal data relating to them held by their employer. However, responding to such access requests is not always easy. In a 2-part article, we tackle the 12 questions employers most frequently ask when handling DSARs. 1. How do I verify that the request is genuine? There is no set format for making a data subject access request (DSAR), so a request might be made verbally, in writing, by email or by other electronic means ...
Employees have the right to access personal data relating to them held by their employer. However, responding to such access requests is not always easy. In a 2-part article, we tackle the 12 questions employers most frequently ask when handling DSARs. 7 ...
In a recent case, a unilateral termination clause in the relevant contract had no bearing on whether termination via agreement between the parties was available, and the court held that novation of the contract by the conduct of the parties was valid ...
One of the most basic questions under the False Claims Act—what facts a relator must plead to state a claim—is also one of the most difficult to answer. The Supreme Court is considering multiple certiorari petitions seeking to resolve a circuit split in the application of Rule 9(b)’s heightened pleading standard to the FCA ...
The onslaught of ransomware attacks by cybercriminals increases unabated every year, affecting everyone from mom and pop shops on Main Street to corporate lions of Wall Street. Hackers infiltrate an organization's computer network through social engineering tactics like phishing emails or by exploiting network security weaknesses, allowing vital digital information to be hijacked and held for ransom ...
On June 27, 2022, the United States Supreme Court issued its decision in Kennedy v. Bremerton School District, a case where the Court took another look at school employees’ First Amendment rights to religious expression while employed. The Court held that a school district infringed on a coach’s First Amendment rights when it disciplined him for engaging in private prayer on the field after football games. Joseph Kennedy was a football coach for the Bremerton (WA) School District ...
Hidden among its flurry of end-of-term blockbusters, on June 27, 2022, the U.S. Supreme Court issued a long-awaited opinion inRuan v. United States. InRuan,the Supreme Court addressed the issue of whatmens reaa physician must possess to be guilty of illegally distributing controlled substances through the use of allegedly improper prescriptions ...
On June 15, 2022, the Supreme Court of the United States released its long-awaited decision in American Hospital Association v. Becerra in which it unanimously held that the United States Department of Health and Human Services (HHS) overstepped its statutory authority by cutting 340B-related reimbursement to hospitals ...
On June 27, 2022, the United States Supreme Court ruled that doctors who act in subjective good faith in prescribing controlled substances to their patients cannot be convicted under the Controlled Substance Act (“CSA”). The Court’s decision will have broad implications for physicians and patients alike ...
As of June 21, 2022, importers of goods from China and other countries that contain China origin inputs of components or raw materials are subject to the enforcement provisions of the Uyghur Forced Labor Prevention Act (UFLPA). As a result, importers should now perform significant due diligence on all tiers of the supply chain of their imports and update their compliance policies and internal controls to address the risks of forced labor in their supply chains ...
In a recent case the Employment Appeal Tribunal (EAT) upheld a 25% uplift to compensation for an employer’s failure to comply with the ACAS Code of Practice, following a discriminatory dismissal that was purportedly due to redundancy ...
Pursuant to Directive No. 7/2022 issued by the Central Bank of Myanmar (“CBM“), relaxing the application of Notification 12/2022 (“De-dollarization Notification“), inter alia, for the Myanmar Investment Commission (“MIC“) and Special Economic Zone companies, exporters and importers conducting activities under Myanmar-China and Myanmar-Thailand border trade, international organizations, INGOs, etc ...
Kudun and Partners celebrated Pride Month to express our recognition of the impact that the LGBTQ+ community have had on society, nationally and globally. Our colleagues participated in the Pride costume contest and engaged in an insightful discussion about history and challenges facing the LGBTQ+ community. Pride month is about acceptance, equality, celebrating the work of LGBTQ+ people, education in LGBTQ+ history and raising awareness of issues affecting the LGBTQ+ community ...
In the last edition of The Site Report, we discussed the legal issues surrounding the damage caused by Skanska's construction barges to the new Pensacola Bay Bridge ("Bridge") between Pensacola, Florida and Gulf Breeze, Florida during Hurricane Sally ...
Another instalment from the UK courts guiding employers on how to comply with S145B of TULRCA when participating in collective bargaining. In the same month as we are contending with the largest rail strikes in 30 years, it is apt that the Employment Appeal Tribunal (EAT) in Edinburgh has issued a decision in a theme of cases involving Section 145B of TULRCA and how it can impact pay negotiations ...
Shoosmiths colleagues Andy Graham and Amy Leech highlight some of the main considerations for employers looking to move their employees onto a four day working week. Shoospeak HR podcast 4 day working weeks - a dream or disaster? Shoosmiths colleagues Andy Graham and Amy Leech debate the four day working week pilot and some key considerations for employers looking to implement this type of working pattern ...
Novartis Pharms. Corp. v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. June 21, 2022) In this week’s Case of the Week, the Federal Circuit granted panel rehearing of and vacated its prior decision in Novartis Pharms. Corp. v. Accord Healthcare, Inc., 21 F.4th 1362 (Fed. Cir. 2022). Our write-up of that opinion can be found here ...
Dr. Christine Calleja, from Mamo TCV Advocates, attended this year’s European Employment Lawyers Association (EELA) annual conference, held between the 23rd and 25th June. After an absence of three years, the conference hosted around 450 lawyers who specialise mainly in employment law. This year, delegates from the employment lawyers association of each country met before the start of the conference, discussing ideas for future collaboration ...
