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Operating expenses (“OpEx”) and common area maintenance fees (“CAM”) are two important items in any commercial lease, but they are often overlooked after the decision is made on how to split up these fees. Typically, operating expenses are calculated and allocated based on a gross, modified gross, or triple net basis, with the tenant being responsible for a percentage of CAM based on the percentage of the total property they occupy ...

Shoosmiths LLP | January 2023

The UK Advertising Standards Authority (ASA) has ruled that the marketing of an NFT of a Johan Cruyff goal was misleading. The one-of-a-kind non-fungible token (NFT), entitled “In a Way, Immortal”, depicts Cruyff’s flying kick for Barcelona against rivals Atlético Madrid which was dubbed “The Phantom Goal” and earned Cruyff the nickname the "flying Dutchman".  The NFT was auctioned and eventually sold for a reported €550.000 at Sotheby's ...

Shoosmiths LLP | January 2023

On 16th December 2022 the Bankruptcy Master released an update which advised that the restriction on filing new creditors' winding up petitions is likely to be lifted in the new term.  The court has advised that further information will be issued to legal practitioners in advance of the new guidance ...

Shoosmiths LLP | January 2023

All registered charities with an annual income over £10,000 and all CIOs - charitable incorporated organisations - are required to complete and file online with the Charity Commission an Annual Return in a prescribed form within ten months of their financial year end. Just before Christmas, the Commission confirmed details of new and revised questions in the Annual Return ...

Arendt & Medernach | January 2023

Broad scope of application The FSR targets any undertaking engaged in an economic activity in the internal market that has received a foreign subsidy distorting the internal market. A foreign subsidy is any financial contribution provided by a third country (non-EU Member State) which confers a benefit on an undertaking engaging in an economic activity in the internal market and which is limited to one or more undertakings or industries ...

Buchalter | January 2023

January 10, 2023 By: Michael Flynn The Office of Information and Regulatory Affairs in the Office of Management and Budget has released the Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions (Agenda) reports on the actions administrative agencies plan to issue in the near and long term. Included is the CFPB’s regulatory agenda for 2023. The CFPB agenda may be found HERE ...

Shearn Delamore & Co. | January 2023

We are pleased to bring you the latest legal updates for December 2022.   Financial Service Technical Note No ...

Shoosmiths LLP | January 2023

The year ahead will see a better resourced FCA announcing and implementing reform in many different markets. It will see a focus on protecting consumers in the current economic climate and a focus on understanding newer and faster paced markets, particularly those where consumer detriment is a real risk. In a written statement to Parliament on the 9 December 2022, the chancellor set out an ambitious list of reforms that, at any other time, the financial services sector would run towards ...

Carey | January 2023

On January 4, 2023, Law No. 21,521 was published, which promotes competition and financial inclusion through innovation and technology in the provision of financial services (“Fintech Law”). The Fintech Law introduces a series of legal amendments to various regulatory bodies, including Law No. 19,913, which creates the Financial Analysis Unit (“UAF”) and amends various provisions on money laundering (“Anti-Money Laundering Act”) ...

Shearn Delamore & Co. | January 2023

New Guidelines on the Employment of Foreign Workers in Malaysia Dear valued clients, colleagues and friends, The long-awaited Employment (Amendment) Act 2022 (“Amendment Act 2022”) has finally come into force on 1 January 2023 ...

Dinsmore & Shohl LLP | January 2023

On December 22, 2022 the Pennsylvania Department of Human Services (“Pennsylvania DHS”) issued a Medical Assistance Bulletin that will put 340B savings at risk in Pennsylvania. This bulletin intends to prohibit 340B Program covered entities and contract pharmacies from dispensing 340B medication to Pennsylvania Medicaid patients regardless of whether the patient is enrolled in fee-for-service or managed Medicaid ...

On July 9, 2021, President Biden signed an Executive Order requesting that agencies, including the Federal Trade Commission (FTC), issue rules banning employers from entering non-compete agreements with employees. Following that request, on January 5, 2023, the FTC announced it is proposing sweeping new regulations that would bar employers from entering into or enforcing non-compete agreements with employees that prevent an employee from working with a competitor ...

Buchalter | January 2023

January 5, 2023 By: Michael Flynn Registration of Regulator Orders and Court Judgments On December 12, 2022, the CFPB issued a proposed rule regarding non-bank consumer finance firms registration of all settlements and enforcement orders ...

Dinsmore & Shohl LLP | January 2023

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule[1] to prohibit employers from enforcing non-compete agreements against former employees, contractors, and other workers. The proposed rule defines “non-compete clause” broadly as “a contractual term between an employer and a worker that prevents the worker from seeking or accepting employment with a person, or operating a business, after the conclusion of the worker’s employment ...

Carey | January 2023

On January 4, 2023, Law 21.521, which promotes competition and financial inclusion through innovation and technology in the provision of financial services, known as the "Fintech Law” was published in the Chilean Official Gazette ...

Carey | January 2023

On January 4, 2023, Law No. 21,521, also known as the "Fintech Law", was published. The new law promotes competition and financial inclusion through innovation and technology in the provision of financial services. Among other amendments, the Fintech Law introduced certain amendments related to the public offering of securities, amending Law No. 18,045, the Securities Market Law ("LMV"), Law No. 18,046, the Corporations Law ("LSA") and the Commercial Code ...

Shoosmiths LLP | January 2023

With the war, supply chain issues, rising energy costs and skills shortages, many employers will want to put 2022 firmly behind them. What does 2023 have in store? For the economy only time will tell, but for employment law things are a little clearer. Employment Bill The long-awaited Employment Bill is still to appear in draft form and it is doubtful this will materialise in 2023, at least in the early stages ...

Han Kun Law Offices | January 2023

On December 30, 2022, the Asset Management Association of China ("AMAC") issued a consultation draft of the Measures for Registration and Filing of Private Investment Funds (《私募投资基金登记备案办法 (征求意见稿)》) (the "Draft Measures") and the ancillary Guidelines No. 1-3 on private fund manager registration〔i.e. Guideline on Basic Operational Requirements ("Guideline No. 1"), Guideline on Shareholders, Partners and Actual Controllers ("Guideline No ...

Simonsen Vogt Wiig AS | January 2023

After an extremely busy 2021 where the financial markets and the lending sector recovered rapidly from the COVID-hibernation, 2022 has been a turbulent year that did not live up to expectations in terms of activity. With geopolitical unrest, high inflation and rising interest rates as the backdrop, financial markets were volatile and funding costs increased substantially ...

Arendt & Medernach | January 2023

In our Newsflash of 1 December 2022, we reported on the upcoming introduction of bills of law aimed at improving the standard of living of the most vulnerable, given the current economic context. Bill of law referenced 8117, amending Article L ...

Afridi & Angell | January 2023

In September 2022, the UAE introduced an insurance scheme pursuant to Federal Decree No. 13 of 2022 concerning unemployment insurance. This law was followed by Cabinet Decision No. 97 of 2022 concerning the mechanisms and controls for implementing the unemployment insurance scheme, and Ministerial Resolution No. 604 of 2022 concerning the unemployment insurance scheme (together with the Federal Decree, theUnemployment Insurance Law) ...

Shoosmiths LLP | December 2022

In the final instalment of our “future of work” series, we look at the potential ways advancements in technology have changed and continue to change the way we work. Keeping us connected Technology has been used in workplaces for many years and has been at the forefront of the move away from traditional employment models – the advent of mobile apps to support the gig economy being a prime example ...

Shoosmiths LLP | December 2022

We can only assume that the pensions industry at large put “a busy and unpredictable 12 months” at the top of its wish list at the start of the year, and 2022 certainly delivered. From the sombre to the unprecedented, 2022 had it all.  The year was bookended by investment issues. In February, View More

Han Kun Law Offices | December 2022

  Recently, the China Banking and Insurance Regulatory Commission ("CBIRC") issued the Measures for Regulatory Assessment of Corporate Governance of Banking and Insurance Institutions (the "2022 Measures"), which replace the Measures for Regulatory Assessment on Corporate Governance of Banking and Insurance Institutions (for Trial Implementation) (the "2019 Measures") issued by CBIRC on 25 November 2019 ...