It’s well known that computer programs enjoy copyright protection - many have also been patented, but that’s another story and I’m not going to deal with that here. The South African Copyright Act has protected computer programs as a specific category of works since 1992, although prior to that they were protected as ‘literary works’ ...
On February 26, 2013, the National Institute of Standards and Technology ("NIST") issued a Request for Information ("RFI") to gather comments regarding the development of a framework to reduce cybersecurity risks to critical infrastructure. As we previously reported, the Obama Administration’s executive order, Improving Critical Infrastructure Cybersecurity (the "Executive Order"), released on February 12, 2013, directs NIST to coordinate development of this framework ...
On February 13, 2013, the Financial Consumer Agency of Canada (the “Agency”) issued a new guidance (the “Guidance”) to clarify the interpretation that must be given to the Code of Conduct for the Credit and Debit Card Industry in Canada (the “Code”) with regard to three issues within the Canadian payment card industry (credit or debit cards) that, according to the Agency, are not in line with some of the key principles set out in the Code ...
On January 29, 2013, President Obama announced his plan for comprehensive immigration reform. While the proposal to require mandatory, phased-in electronic employment verification has obvious implications for employers, the proposal to provide a pathway to earned citizenship may have an unforeseen effect on employers, as well. While surprising to some, many individuals in all walks of life do not have work authorization but are still members of the workforce ...
On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment in the case of Eddy v. Biddle, Barr and Dolgencorp, LLC, Civil Action No. 1:11CV137. Judge Keeley subsequently entered a Final Judgment on January 11, 2013, and the case was dismissed with prejudice ...
Employers nationally continue to struggle with how to respond and adapt to the ever- changing landscape that is the Patient Protection and Affordable Care Act (often known as ObamaCare or the ACA). We at Spilman Thomas & Battle will continue to work with you through 2013 and beyond as the implementing regulations for the ACA continue to be issued. We are working to identify strategies to help employers navigate the process in the manner that best serves their respective industries ...
As most employers know, the federal wage/hour law under the Fair Labor Standards Act (“FLSA”) includes the requirement to pay “non-exempt” employees time and one half of their “regular rate” for work in excess of 40 hours in a work week. The U.S. Department of Labor (“DOL”) is charged with enforcing the FLSA through its Wage and Hour Division ...
Data Privacy Act of 2012 The Data Privacy Act (Republic Act No. 10173) seeks to protect the confidentiality of “personal information.” The latter is defined as “any information whether recorded in material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual ...
What it’s aboutThe Data Privacy Act (Republic Act No. 10173) seeks to protect the confidentiality of “personal information.” The latter is defined as “any information whether recorded in material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual ...
What it’s aboutThe Cybercrime Prevention Act (Republic Act No. 10175) penalizes “cybercrimes”— acts that fall into any of these major categories:a) offenses against the confidentiality, integrity and availability of computer data and systems (e.g., illegal access, data interference);b) computer-related offenses (e.g., computer-related forgery and fraud);c) content-related offenses (e.g ...
Pursuant to new rules and interpretations issued by the U.S. Commodity Futures Trading Commission (the “CFTC”) and the Securities Exchange Commission under the Dodd-Frank Wall Street Reform and Consumer Protection Act1(together with related rules, regulations and interpretations, the “Dodd-Frank Act”), a “swap” has been interpreted to include any guarantee of a swap ...
The quality of corporate governance practices increasingly represents a key factor to maintaining the trust of depositors, policyholders and most stakeholders who are active on capital markets. Considering the unique features of financial institutions and the risks arising from their responsibilities, some aspects of corporate governance are particularly important for these institutions, including banks, insurers, trust companies, loan companies and cooperative credit associations ...
Since year 2008 Nicaragua has been modernizing the administration of labor justice. The Ministry of Labor started the modernization with the implementation of an oral process for the fulfillment of certain formalities required before such institution, such as termination of employment contracts for justified cause, collective suspensions and business closures. The implementation of this oral process has been successful because it reduces and simplifies processes ...
Savings and Credit Entities (SCEs) are regulated financial institutions of private capital authorised to develop lending activities. The operation of SCEs is governed by the Law of Cooperative Banks and Savings and Credit Entities, which came into force on July 1 2001, amended in January 1 2009 to its current regime ...
The National Labor Relations Board (“NLRB” or “Board”) began 2013 as it began 2012, facing questions regarding whether a quorum of its members had been constitutionally appointed. As we noted in our February 3, 2012 NLRB Roundup, President Obama made three controversial “recess” appointments to the Board to restore its quorum. Now, a year later, the D.C ...
On January 23, 2013, the Federal Financial Institutions Examination Council (FFIEC)1 issued a notice for comment on its proposed guidance, Social Media: Consumer Compliance Risk Management Guidance2 (the “Guidance”) ...
The Government finally issued Government Regulation No. 82 of 2012 9regarding the Implementation of Electronic Systems and Electronic Transactions (“Regulation 82”) for Law No. 11 of 2008 regarding Electronic Information and Electronic Transactions (“Law No.11”). Regulation 82 sets out significant requirements in relation to electronic registration/certification, electronic systems, electronic transactions, electronics agents, electronic signatures and domain names ...
The CorporateGovernance Code of the Portuguese Corporate Governance Institute (Instituto Português de Corporate Governance – “IPCG”) waspublished on 30 January 2013. For the first time, commercial companies haveaccess to a corporate governance best practice code prepared by civil societywhich is an alternative to the existing corporate governance code of the SecuritiesMarket Commission (CMVM) ...
Haynes and Boone, LLP’s Immigration Practice Group reminds employers with a need for Cap-Subject H-1B petitions - those petitions that are subject to the annual numerical limit - that the filing window for Fiscal Year 2014 is about to open. Over the last three years, the cap has been reached at an earlier and earlier date: June 11, 2012 (FY 2013), November 23, 2011 (FY 2012) and January 27, 2011 (FY 2011) ...
Pending consideration by Congress is Senate Bill No. 3371 which seeks to amend Section 5 of Republic Act No. 7277, as amended, otherwise known as the “Magna Carta for Persons With Disability”. A counterpart measure in the House of Representatives is House Bill No. 5475. Senate Bill No. 3371 proposes that Section 5 of Republic Act No. 7277 be amended to read as follows: “Sec. 5. Equal Opportunity for Employment ...
Pending consideration by the Congress is House Bill No. 3591, otherwise known as the “Alien Social Integration Act of 2010”, which aims to grant legal residency status to certain aliens in the Philippines under certain conditions. The proposed legislation covers all aliens whose stay in the Philippines is otherwise illegal under existing laws, and who have entered the country prior to 30 June 2000, excluding those who already availed in good faith the benefits of Executive Order No ...
The Equality Tribunal (the Tribunal) has directed that an employer pay €52,000.00 in compensation to a former employee after it held that she had been discriminated against on the grounds of gender and victimised1. The Tribunal awarded €26,000 in respect of the discrimination and €26,000 in respect of the victimisation. The award is equivalent to one year's salary. The claimant was employed as a business development manager for a branch of the business ...
Some amended/new provisions introduced by the NLRC En Banc Resolution No. 11-12 adopted on 16 November 2012 are: · Section 6, paragraph g, Rule III ...
The Courts have considered the concept of constructive dismissal on many occasions. Generally, the expression “constructive dismissal” refers to situations in which an employee does not agree to a substantial change made unilaterally by his employer to one or more essential terms of his employment contract, and leaves his employment for this reason. In the case ofSt-Hilairev.Nexxlink inc ...
The decision Mrs X v. Rothschild, rendered on 26 September 2012 by the French Cour de cassation1. called into question the practice of asymmetrical jurisdiction clauses, frequently included in international financial contracts ...
