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Shoosmiths LLP | December 2023

Winter can be a hectic time of year, with stress levels heightened by frantic planning for the festive season and employers may be overwhelmed by annual leave requests. How can employers keep employees happy while balancing the needs of the workplace? Annual leave requests Most employees are likely to request time off during the winter months to spend time with family and friends, especially where this aligns with school holiday periods, religious festivals and national bank holidays ...

Shoosmiths LLP | December 2023

A summary of the key takeaways from a recent webinar on the spectre of personal criminal liability for charity trustees. During the recent Trustees’ Week the Chief Executive of the Charity Commission said that one of the week’s aims is to inspire more people to come forward to serve as trustees, to prepare a pipeline of able and passionate people, willing to take on the mantle of trusteeship, ensuring the good work of charities is sustainable ...

Shoosmiths LLP | December 2023

A summary of the key takeaways from a recent webinar on The Covid-19 Public Inquiry - Spotlight on the Care Sector. What is a Public Inquiry? A public inquiry is a state sponsored investigation into areas of public concern. Inquiries are set up and sponsored by the government, but they operate independently of the government. All inquiries have powers to compel the attendance of witnesses or provision of evidence ...

Shoosmiths LLP | December 2023

The new Home Secretary, James Cleverly, announced a five-point plan aimed at reducing the recently announced record high net-migration figures. The planned changes will have a big impact on many employers’ ability to sponsor workers from overseas. The changes will be brought into force in the Spring, although an exact date has yet to be confirmed. The Government estimate that these changes will reduce net migration by 300,000 (based on estimations of new entrants to the UK last year) ...

Shoosmiths LLP | December 2023

The Environment Agency has been found in breach of the Regulators’ Code by failing to provide a proper appeal mechanism for challenging Compliance Assessment Reports. It must now decide how to provide permit holders with a new appeal mechanism ...

The Haryana State Employment of Local Candidates Act, 2020 (“Act”) was enacted to encourage private employers in Haryana to boost local employment. The Act was called upon for application from January 15, 2022, for a period of 10 years. The constitutionality of the Act was challenged in multiple writ petitions before the Punjab & Haryana High Court (“Court”). The Court stayed the implementation of the Act on February 3, 2022 ...

Carey Olsen | December 2023

What is a JPUT? A Jersey Property Unit Trust (JPUT) is a legal structure whereby legal ownership of assets (primarily non-Jersey real estate) is vested in one or more trustees who hold the assets on trust for the benefit of unitholders upon the terms of a written trust instrument. What are the benefits of a JPUT? JPUTs have many plus points: Familiarity: JPUTs are generally recognised and accepted by investors, lenders, advisers, regulators and tax authorities in the UK and elsewhere ...

Carey | December 2023

By means of Exempt Resolution No. 1,268 dated November 20, 2023, published in the Official Gazette on November 30 (the "Resolution"), the Ministry of the Environment (the "MMA") opened a public information period to receive background information to regulate photovoltaic panels in the draft Supreme Decree that will establish collection and recovery goals and other obligations associated with piles and electrical devices (the "Decree"). As a context, by means of Exempt Resolution No ...

Buchalter | December 2023

December 1, 2023 By: Leah Lively California Business and Professional Code sections 16600 to 16607 already invalidate agreements restricting California employees from pursuing any lawful profession, trade, or business, with limited exceptions mainly in the sale of businesses. Starting January 1, 2024, things are going to get more difficult (and potentially costly) for employers ...

Law firms periodically receive requests for advice from CPAs regarding a client’s need to come into compliance with the relatively new and sometimes confusing “economic nexus” or “Wayfair” rules for selling goods or providing services to customers in another state ...

Carey Olsen | December 2023

Probate and estate administration for non-Jersey domiciliaries Why do I need a Jersey grant of representation? Jersey is an independent legal jurisdiction for estate administration purposes ...

Most founders are familiar with Section 1202 of the Internal Revenue Code, which provides a tax exemption for the sale of Qualified Small Business Stock (QSBS).  Less well known is Section 1202's cousin, Section 1045, which provides certain tax benefits for a "rollover" of proceeds from the sale of QSBS into replacement QSBS. The basic rules are as follows: The original QSBS must be owned for at least 6 months prior to its sale ...

Lavery Lawyers | November 2023

Canadian patent government fees will increase up to 36% on January 1, 2024. The main fee increases are presented in the table below. Applicants may therefore wish to take certain actions and pay the accompanying fees in Canada by the end of 2023 to benefit from the lower 2023 rates at least in the following circumstances: Early filing of divisional applications may be especially advantageous as they involve high government fees ...

Lavery Lawyers | November 2023

Workplace Christmas parties are just around the corner. While such celebrations are a great opportunity to strengthen team spirit and acknowledge everyone?s hard work, it is important to remember that it is not only up to employers to make sure they run smoothly?their entire workforces, managers and employees alike, are also responsible. Just think of potential situations of harassment where alcohol and fun times are combined ...

Mamo TCV Advocates | November 2023

  Are you a recruiter? Do you engage employees to temporarily send them to work at a user undertaking? Do you engage employees to provide contracting services to your clients? As from the 1st April of next year, the Employment Agencies Regulations will come into force, establishing a new regime for these operators, now termed as ‘employment agencies’ ...

Shoosmiths LLP | November 2023

The recent Autumn Statement contained little support for charities as the sector continues to face increased demand, higher costs and reduced funding ...

Shoosmiths LLP | November 2023

The Office for National Statistics (ONS) recently published revised figures showing that net migration figures for the year ending 2022 were in fact much higher than initially expected. You may remember our previous article published in June 2023 regarding increases to net migration figures released by the ONS; Net migration figures continue to increase, according to ONS ...

Shoosmiths LLP | November 2023

Chancellor Jeremy Hunt delivered the Autumn Statement on 22 November 2023. In total, it contained 110 proposed measures for delivering UK growth. From a pensions perspective, the focus was on consolidation of the UK pensions industry through: Taking forward the Mansion House reforms, starting with steps to increase consolidation within the UK pensions industry ...

Shoosmiths LLP | November 2023

Christmas parties are designed to be fun, but a few festive drinks can quickly get out of hand if not managed correctly. A sobering thought is that employers can be vicariously liable for the action of employees during work events such as Christmas parties. In order to minimise the risks, we explore the steps employers can take before and after any work social event ...

Dinsmore & Shohl LLP | November 2023

In the New Year, the United States Supreme Court is expected to hear arguments over the damages a plaintiff can recover in a copyright infringement lawsuit. The Supreme Court will consider the question of whether damages are limited only to the three-year period before the plaintiffs filed suit, or whether they can be retrospectively awarded for a longer period, as long as the plaintiffs filed within three years of discovering the infringement. In Warner Chappell Music Inc. v ...

Since the enactment of the statutory donor-advised fund (“DAF”) rules under the Pension Protection Act of 2006, sponsoring organizations that manage DAF programs have relied on the Internal Revenue Code (“IRC” or the “Code”) and certain limited administrative guidance to structure and operate DAFs ...

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