By Michael Flynn Under the long-recognized valid when made doctrine, if a loan was not subject to a state usury law when it was made, it does not subsequently become even if it is subsequently sold or assigned to another party. The doctrine long was applied by courts and utilized in secondary market sales, but its application to a non-bank purchaser was rejected by the Second Circuit in 2015 in Madden v. Midland Funding, LLC ...
The pandemic has exacerbated the ongoing battle for talent, but whilst the Great Resignation is in full swing, the Great Reprioritisation is only just getting started. In 2021 a study by Microsoft found that 41% of the global workforce was considering moving on from their current employer. This figure coupled with a record 1 ...
In Stadler v Currys, the High Court awarded summary judgment against a claimant who alleged distress following an inadvertent data breach. Here, Philip Tansley and Kathryn Williamson consider the court's reasoning and the implications of the decision. Introduction The High Court has last week handed down yet another useful judgment for defendants facing claims for breach of UK GDPR, misuse of private information, breach of confidence and negligence as a result of a data breach ...
On 10 February 2022, the General Department of Taxation (“GDT”) issued Notification 2845 (“Notification 2845”), which provides the 2021 market interest rates for Employee Loans in accordance with Article 15 of Prakas 543 on Tax on Salary and Instruction No. 7015 GDT dated 13 March 2020. The 2021 market interest rates for 2021, based on the average of ten (10) commercial Cambodian banks, are as follows: USD – 8.28% per annum Khmer Riel – 8 ...
On November 5, 2021, CMS published an interim final rule regarding vaccination requirements for staff working for Medicare and/or Medicaid certified Skilled Nursing Facilities ("SNFs"). On December 28, 2021, CMS issued QSO 22-07-ALL covering the guidance and survey process related to these new regulatory requirements. This QSO is specifically applicable to California ...
Key Points Employees again are entitled to up to 80 hours of employer-paid sick leave for COVID-related absences through September 30, 2022, retroactive from January 1, 2022 Vaccine related absences are now covered absences for entitlement to paid sick leave In certain instances, employers may require employees to provide documentation of COVID test results for themselves or family members in order to receive the paid sick leave On February 9, 2022, Governor Newsom signed Senat
February 10, 2022 By: Tracy A. Warren, Kathryn B. Fox, and Michelle K. Meek On Thursday, February 9, 2022, the U.S. Senate passed a bill that would prohibit companies from compelling to arbitration cases where there are allegations of sexual assault or sexual harassment, even where an employee has signed an otherwise enforceable arbitration agreement. The bill, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, was previously passed by the U.S ...
In connection with the changes to the migration law that came into force on 29 December 2021, ALRUD presents below the new checklist. This checklist will be useful for foreign nationals, company managers, HR directors, Compliance officers, as well as heads of legal departments and other persons interested in or responsible for hiring foreign workers in Russia ...
In connection with the changes to the migration law that came into force on 29 December 2021, ALRUD presents below the new checklist. This checklist will be useful for foreign nationals, company managers, HR directors, Compliance officers, as well as heads of legal departments and other persons interested in or responsible for hiring foreign workers in Russia ...
With all the changes to the world of work that we have recently experienced and are continuing to experience, our webinar programme this year is focused on the future of work and in particular the hot topics HR teams are having to handle now in order to future proof their organisations. Our latest seminar focused on recruitment and retention ...
The past year has seen substantial activity by the federal courts in guarding against government overreach in False Claims Act cases. One of the principal areas courts have focused on is the FCA's knowledge requirement — i.e., FCA liability can only be imposed where a person violates the act knowingly. Two recent decisions, from the U.S. Court of Appeals for the Seventh Circuit and the U.S ...
The Federal Circuit issued numerous precedential opinions last week, two of which answered long simmering questions about inter partes reviews (IPRs). Below we discuss a case addressing whether admissions of prior art in the patent itself can be considered as prior art in an IPR. Our Case of the Week reversed Federal Circuit precedent concerning the scope of IPR Estoppel ...
On January 31, 2022, the Financial Market Commission (“FMC”) opened a public consultation process (the “Regulatory Proposal”), in order to simplify the registration process in the following registries, and the ongoing reporting obligations of entities registered in those registries: Registry of Foreign Reinsurance Brokers. Registry of Foreign Securities. Special Registry of Reporting Entities ...
The General Department of Taxation (“GDT”) issued Instruction no. 1972 GDT on 31 January 2022 (“Instruction 1972”) which sets out obligations for taxpayers in Cambodia that carry out projects for public interest in connection with a grant or loan agreement (“Agreement”) or memorandum of understanding (“MoU”) between the Royal Government of Cambodia and another government or national development agency or partner international organisations ...
As the Czech government signed off on the EU “Green Deal”, which aims to cut carbon dioxide emissions to zero by 2050, the Czech Republic needs to find ways to achieve this goal, or at least to get close to it ...
U.S. Citizenship and Immigration Services (USCIS) released guidance on the FY2023 H-1B lottery process. Despite attempts to change the structure of the lottery selection process, the Service announced that it would continue with a random-selection lottery for 2022. The registration system will be open from 12 p.m. ET March 1, 2022 until 12 p.m. ET March 18, 2022. The application fee will continue to be $10 for each case entered into the system ...
Background On February 4, 2022, Law No. 21.420 was enacted, which reduces or eliminates the indicated tax exemptions thereof. This law seeks the financing of the new Guaranteed Universal Pension (PGU) in a sustainable way over time, including a series of amendments to the Mining Code, among others. Modifications Exploration Mining Concession The duration of the concession is increased from 2 to 4 years, eliminating the possibility of requesting an extension ...
The Norwegian Data Protection Authority has notified Stortinget of an infringement fine of two million kroner and imposed an infringement fine of four million kroner on Østre Toten municipality. In both cases, the Authority emphasizes that it is a clear management responsibility to secure the business against such attacks, and that two-factor authentication, awareness-raising and an appropriate risk and vulnerability analysis are key measures ...
Key Points Before a party may sue to seek a refund of allegedly excessive property-related fees, like municipal water rates, their pre-suit Government Claims Act presentation must “fairly describe” each way in which the fees violated Proposition 218, or risk dismissal. Proposition 218 does not apply to penalties that water agencies impose on customers who fail to timely pay water bills. Do not overlook the Government Claims Act ...
A Los Angeles Police Department Captain was en route to a homicide scene when he received a radio call for a robbery in progress. The Captain noticed a patrol car parked in the alley near the robbery location which was not responding to the call; the Captain assumed it was a traffic car on a different radio frequency, and decided to respond to the call himself. As he was arriving, he saw the patrol car back up and leave the area ...
U.S. Citizenship and Immigration Services (USCIS) released guidance on the FY2023 H-1B lottery process. Despite attempts to change the structure of the lottery selection process, the Service announced that it would continue with a random-selection lottery for 2022. The registration system will be open from 12 p.m. ET March 1, 2022 until 12 p.m. ET March 18, 2022. The application fee will continue to be $10 for each case entered into the system ...
