Several recent reports claim that the novel coronavirus (COVID-19) epidemic in China is beginning to slow down and generally under control, prompting businesses in China to resume operations. In order to minimise further spreading of the virus as employees return to work, the PRC government has issued different local rules and guidelines to ensure enterprises are adequately prepared ...
On February 19, 2020, The Supreme Court of Pennsylvania, Eastern district, issued its opinion in Roverano v. John Crane, Inc. and Brand Insulations, Inc. on two critical questions: 1. the applicability of the Pennsylvania Fair Share Act, 42 Pa.C.S. Section 7102, to strict liability asbestos cases pending in the Commonwealth’s courts; and 2. Inclusion of bankrupt entities on the verdict sheet for purposes of liability only ...
The novel coronavirus (“COVID-19”) epidemic has spread across the country since December 2019. So far, 31 provinces, municipalities and autonomous regions have launched Class A major public health emergency responses ...
On 30 January 2020, the World Health Organization (WHO) declared that the outbreak of novel coronavirus or COVID-19 constituted a Public Health Emergency of International Concern (PHEIC). The COVID-19 is a respiratory illness caused by a new coronavirus which first originated in Wuhan, Hubei Province, China, the death toll from which has reportedly surpassed 1,000 on mainland China, while confirmed infections have passed 40,000 globally ...
Summary On January 13, 2020, the Committee on Foreign Investment in the United States (CFIUS) issued final regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA)1 (the “Regulations”2). The Regulations go into effect on February 13, 2020. CFIUS’s existing regulations (the “Pilot Program”) will continue to apply to transactions that close prior to February 13, 2020 ...
Afridi & Angell was recently successful in obtaining interim orders from the Dubai Courts attaching bank guarantees pending commencement of arbitration proceedings. The first matter involved two guarantees issued as performance bonds in two separate construction contracts, both which contained an arbitration clause under the Dubai International Arbitration Centre (DIAC) Rules ...
On Feb. 6, 2020, the Ohio Supreme Court affirmed a decision of the Ohio Board of Tax Appeals (“BTA”), finding the sale price of interests in a limited liability company (“LLC”) was the best evidence of the true value of the LLC’s real property for tax purposes. In Columbus City Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision, Slip Opinion No ...
In light of ongoing litigation between General Motors and Fiat Chrysler, Dinsmore partner Mark Carter wrote an article for Automotive News explaining the basics of RICO actions: "Any person injured in his or her business or property by a pattern of racketeering activity may have standing to seek relief pursuant to the Organized Crime Control Act of 1970 ...
The novel coronavirus (2019-nCoV) outbreak has affected the performance of numerous civil and commercial contracts. In this article, we examine the general legal impact of the outbreak on the performance of contracts from two perspectives, namely: 1) force majeure and 2) change in circumstances. We identify the relevant legal issues involved from these two perspectives and put forward our preliminary analysis for your reference ...
On Dec. 18, 2019, the Fifth Circuit in Texas, et al. v. United States, et al. declared the Affordable Care Act’s1 (ACA’s) individual mandate unconstitutional. This decision is contrary to the controlling precedent established by the United States Supreme Court in NFIB v. Sebelius2, which upheld the ACA’s individual mandate as a permissible tax ...
As we enter into a new decade, we cannot over emphasize the importance of protecting your brands. In this digital age, trademarks are becoming more vulnerable to infringement. Mass production and counterfeit products are swamping the market ...
Freezing orders are one of the most important weapons inacourt’s arsenal to prevent parties from disposing of or dissipating assetsto ensure they will be available to satisfy a potential future money judgment. In the British Virgin Islands, the court is empowered to grant a freezing order under the provisions of the Eastern Caribbean Supreme Court and the Civil Procedure Rules ...
On Jan. 29, 2020, OCR released a notice regarding a recent federal court ruling in the case of Ciox Health, LLC v. Azar, et al ...
The Indonesian competition authority, the Indonesian Commission for the Supervision of Business Competition (the “KPPU”) issued Regulation No.4 of 2019 on the Procedures for the Supervision and Handling of Partnership Cases (“Reg 4/2019”). This regulation replaces No.1 of 2015 on the Procedure for the Supervision of Partnerships, as amended, and Regulation No.1 of 2017 on the Procedures for Handling Partnership Cases, as amended (“Old Regulation”) ...
Oh what a year it has been. 2019 has been a rollercoaster ride: Trump accelerates and then suddenly slams on the brakes on his tit-for-tat trade war with China. Hong Kong, hitherto the paradigm of pragmatism, lies smouldering as months of pro-democracy protests see no end. A Swedish girl (celebrating her 17th birthday just last Friday) becomes the unlikely face of environmentalism, shaming Boomers for doing nothing about climate change in front of the UN ...
The Department of Health and Human Services (HHS), Office for Civil Rights (OCR) has announced several recent enforcement actions and settlements for violations of Health Insurance Portability and Accountability Act (HIPAA) rules. Ambulance Company Pays $65,000 to Settle Allegations of Long-Standing HIPAA Noncompliance On Dec. 30, 2019, West Georgia Ambulance, Inc ...
On Dec. 23, 2019, in a unanimous decision in United Parcel Service, Inc.1, the National Labor Relations Board returned to its historic standards for arbitral deference.2 The decision expressly overrules the Board’s 2014 decision in Babcock & Wilcox Construction Co., Inc ...
On December 16, 2019, in Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, the National Labor Relations Board (Board) returned to the standard outlined in Register Guard, which announced that employees have no statutory right to use employer equipment, including IT equipment, for activity protected under Section 7 of the National Labor Relations Act.1 The decision expressly overrules the Board’s decision in Purple Communications, Inc ...
In a long-anticipated decision on Dec. 16, 2019, the National Labor Relations Board (NLRB or Board) scuttled a 2015 agency decision that presumptively prohibited employers from requiring confidentiality of investigative reports. In Apogee Retail, 368 NLRB No. 144 (2019), the NLRB returned to its previous standard that presumes the legality of the maintenance of work rules requiring confidentiality of investigative interviews between an employer and employee ...
Recent enforcement actions initiated by the Bureau of Industry and Security’s (“BIS”) Office of Antiboycott Compliance (“OAC”) serve as a warning to U.S. persons (including U.S. companies) with business interests in and around the Middle East. It is easy for the complacent to run afoul of OAC’s Antiboycott Regulations when evaluating and responding to otherwise routine documents such as a letters of credit, shipping certificates, or purchase orders ...
With the signing of a Protocol of Amendments (“PoA”) and the approval by the U.S. House of implementing legislation, the United States, Canada and Mexico are on track for final approval of the US-Canada-Mexico Agreement (the “USMCA”) by the middle of February 2020, which is the anticipated time frame for the vote by the U.S. Senate. If that proceeds as expected, the USMCA would take effect 90 days later, before the end of May ...
Summary of Public Policy and Prior Amendments The Minimum Fuels Storage Public Policy (the “Public Policy”) was released by Mexico’s Ministry of Energy (“SENER”) on December 12, 2017. The objective is to improve energy security in Mexico and ensure adequate energy supply and competitive prices, through the establishment of mandatory minimum fuel inventories and reporting obligations ...
The National Labor Relations Board (NLRB), in Valley Hospital Medical Center, 368 N.L.R.B. 139 (Dec. 16, 2019), ruled an employer’s obligation to check off union dues expires along with the underlying collective bargaining agreement. This overrules a 2015 board decision and reestablishes a longstanding rule first articulated in 1962. Reasoning Employers and unions must negotiate in good faith over workers’ terms and conditions of employment ...
Small Claims Appeal Application (District Court, Tel Aviv) 56432-07-17 Iberia Airlines v. Fleisher Peled et al. The District Court in Tel Aviv-Yafo with an expanded three judge panel, rejected Iberia Airlines' appeal in the matter 56432-07-17 Iberia Airlines v. Fleisher Peled et al ...
The Committee on Foreign Investment in the United States (“CFIUS”), the interagency panel at the Department of the Treasury that reviews transactions for potential national security risks, recently released the public version of its latest annual report to Congress ...
