Pension and benefit plan administrators are becoming increasingly familiar with litigation and in particular, class proceedings. We have seen a tremendous increase in both the number of pension and the breadth of issues raised in those actions ...
New Business Visa RequirementAt the end of 2007, Russia enacted new visa rules to limit the number of days that a business visitor can remain in the country. Multiple entry business visa holders may only remain in Russia in 90 day increments, up to a maximum of 180 days per year. Those who may have used a business visa to live and work in Russia for extended periods must now obtain a work permit or resident status ...
A last chance agreement is an arrangement entered into between an employer, an employee with serious and persistent behavioral problems and, where applicable, the union, that gives the employee a final chance. Such an agreement imposes strict conditions to be met by the employee in order to maintain the employment relationship and may even provide that a breach of its terms will result in dismissal ...
Real estate 1. Please briefly state what is considered real estate in your jurisdiction. What are the most common forms of security granted over it? How are they created and how are they perfected (that is, made valid and enforceable)?Under Romanian law, real estate (generally known as immovable property) covers land, buildings and those movable assets attached to land or buildings as fixtures ...
Most applicants for adjustment of status (“green card”) must obtain travel permission from the USCIS before departing the U.S. Failure to obtain an “advance parole” can cause the USCIS to automatically deem the application abandoned and to deny the case. An exception to this rule applies to H-1 and L nonimmigrants and their dependents. Until now, individuals returning to the U.S ...
The Department of State (DOS) has announced two changes to the visa application process at consular posts. Effective January 1, 2008, non-immigrant visa application fees increase from $100 to $131. DOS claims that the new fees are meant to recover costs associated with increased security measures and other security enhancements ...
In Still v. Great Northern Insurance Company, No. 07-2425, 2007 U.S. App. LEXIS 26024 (3d Cir. Nov. 87, 2007), the Third Circuit affirmed the District Court’s grant of summary judgment to an insurer relying on the “business pursuits” exclusion in a homeowner’s policy. The Third Circuit found the exclusion was unambiguous and precluded coverage for a counterclaim brought by the insured’s former employer for malicious prosecution. Id. at *5-6 ...
There is less than one month before the deadline imposed by the Act to amend the Supplemental Pension Plans Act, particularly with respect to the funding and administration of pension plans (“Bill 30”) for the adoption of an internal by-law by your pension committee, and it still isn’t too late to meet this requirement ...
Minnesota Federal Court finds no coverage under technology errors and omissions policy because claims did not arise out of a “Wrongful Act” as defined in the policy ...
On 3 October, the European Commission fined Visa €10.2 million (approximately £7 million) for its refusal to admit Morgan Stanley Bank International Limited of the UK as a member of the Visa network. The fine is to be seen in the context of continuing regulatory scrutiny of the financial sector, and the banking sector in particular, at both the EU and UK level ...
The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the identity and eligibility for employment of all employees by completing the I-9 form within 3 days of their employment in the United States.After a ten year delay, on November 7, 2007, the USCIS announced that the long awaited revised Form I-9 is now available to the public for use in verifying employment authorization ...
There is a distinct (and dynamic) overlap between competition law and intellectual property rights, no more evident than from the European Commission's investigations into, and the European Court's judgement in, Microsoft. In a similar vein, the Commission is investigating each of Qualcomm and Rambus for potential abuses of a dominant position (through the allegedly unlawful exploitation of IP rights) in the standard setting arena. No doubt buoyed by U.S ...
The Department of State recently issued formal guidance instructing consular officers to refer nonimmigrant visa applicants with prior drunk driving arrests or convictions, or any other evidence that suggests an alcohol problem, to panel physicians (physicians appointment by the DOS) for medical examination. A single arrest or conviction within the last 3 calendar years, or two or more incidents at any time would trigger this requirement. The referral is mandatory ...
Several court opinions show that employers are to make a careful considerations before deciding not to follow a company doctor's advice to mediate. This particularly applies if that doctor has found that a situation qualifies as a labour conflict rather than as an employee being ill. An offer of mediation by an employee cannot simply be denied either ...
The Employment Ordinance of Hong Kong is the main legislation prescribing the minimum rights, benefits and protection for employers and employees in Hong Kong. Under the ordinance, the employer and the employee cannot contract out of the minimum rights, benefits and protection given to the respective parties by the ordinance ...
Regulation 45-106 respecting prospectus and registration exemptions (“Regulation 45-106”) has caused much concern and plenty of ink to flow since it came into force on September 14, 2005. The purpose of this newsletter is to discuss the modification made by Regulation 45-106 with respect to the restrictions that must be contained in an issuer’s constating documents in order for the issuer to have private issuer status(1) ...
On June 7, 2007, the National Assembly passed Bill 10, which amends the National Holiday Act and the Act Respecting Hours and Days of Admission to Commercial Establishments.Under the amended provisions of the National Holiday Act, June 24, the day of the National Holiday, will henceforth always be a public holiday, even when it falls on a Sunday, as is the case this year ...
On 11 June 2007, the Securities and Futures Commission (SFC) issued a circular (http://www.sfc.hk/sfcRegulatoryHandbook/EN/displayFileServlet?docno=H461) outlining a set of initiatives to streamline and simplify its licensing processes. The circular, which provides practical guidance to fund managers intending to apply to the SFC for a licence, is principally directed at overseas hedge fund managers from the US and the UK ...
The development of online markets continues to pose challenges for legislators, who must balance the protection of IP rights owners with protecting traders against anti-competitive behaviour. Trademarks and copyright are particularly vulnerable to infringement on the Internet ...
On 10 May 2007, the China Banking Regulatory Commission (CBRC) issued its "Notice on the Adjustments to the Overseas Investment Scope of Overseas Wealth Management Business of Commercial Banks on behalf of their Clients". This Notice widens the investment scope permitted under the Qualified Domestic Institutional Investors scheme (QDII) applicable to commercial banks (including Chinese banks and approved foreign banks in China) ...
It was gazetted on 14 May 2007 that the Employment (Amendment) Ordinance 2007 (the "Amendment Ordinance") will become effective on 13 July 2007 (except section 16 in relation to the requirement to keep wage and employment records, which will become effective on 13 January 2008).For details of the Amendment Ordinance, please see our HR & Pensions Newsletter Issue 2007.1 regarding the Employment (Amendment) Bill 2006 via this link: http://www.deacons.com ...
