2020 was an especially active year for FCA enforcement. What does this tell us about compliance in the coming year? Bradley Government Enforcement and Investigations partners Jon Ferry, Ty Howard, and Brad Robertson discuss how the enforcement environment drives compliance, and the areas of risk companies need to focus on this year ...
On March 8th, 2021, the government announced that, due to the current status of the Covid-19 pandemic in Chile, it was decided to extend the enforcement of the benefits and entitlements of the employment protection law, protected parenting law and law that temporarily amends the requirements to access to the unemployment insurance. Additionally, the coverage and amounts of the benefits of the Employment Subsidy will be increased ...
Brexit and other developments such as the Schrems 2.0 judgment have had and will have a significant impact on, in particular, data protection laws that apply and how businesses transfer their data internationally. What does the EU-UK Trade and Cooperation Agreement say? Data protection is not dealt with in much detail in the Trade Agreement, although it includes a ‘temporary bridge’ mechanism for the free flow of personal data from the EU/EEA to the UK ...
On Monday, March 8, 2021, President Joe Biden issued a new executive order, which will require a new look at how schools address sex discrimination ...
On February 24th, 2021, the President has signed the law increasing administrative penalties for the breach of personal data laws and introducing new penalties for the breach of information laws. The law enters into force on March 27th, 2021. Liability terms for communication providers’ failure to en-sure sustainable operation enter into force on February 1st, 2023 ...
The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503,1 recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority. The GAO's decision in this case is noteworthy because agencies are increasingly relying on OTAs to meet their procurement needs ...
Signals from the SEC regarding the growing importance to the Commission of ESG disclosures keep coming, seemingly daily. The recently appointed acting director of the Division of Corporation Finance has long pushed the agency for “relevant, material, decision-useful ESG disclosure.” More recently, the SEC announced the creation and filling of the position of senior policy advisor for climate and ESG in the office of Acting Chair Allison Herren Lee ...
Comment from Paula Swain, Partner National Head of Commercial Recoveries and Head of the Solent office for Shoosmiths, Paula is also a Director with the Solent LEP and was part of the Freeport taskforce which was successful in its bid ...
There were a lot of good green measures in the Budget and the government deserves credit for recognising the vital role that net zero transition will play in determining our future prosperity. Not just building back stronger but building back greener, with reference clearly made to the role the headline announcement of Freeports will have in supporting the delivery of the UK’s clean energy revolution ...
The Chancellor announced the first eight Freeport locations: Solent, East Midlands Airport, Felixstowe & Harwich, Humber, Liverpool City Region, Plymouth and South Devon, Teesside and Thames ...
The Supreme Court has declined to take up the issue of False Claims Act (FCA) “objective falsity” in relation to medical opinions, denying certiorari in paired cases from the Third Circuit (United States ex rel. Druding v. Care Alternatives, Inc.)[1] and Ninth Circuit (Winter ex rel. United States v. Gardens Reg’l Hosp. & Med. Ctr., Inc.) ...
On 19 February 2021, the Supreme Court handed down a landmark judgment which confirmed that Uber drivers are workers and not independent contractors. We look at the basis for the decision and what it means for other employers. Background This case began back in 2016, when Uber drivers Mr Aslam, Mr Farrar and others submitted a claim to the Employment Tribunal (ET) regarding their employment status ...
It’s been more than a year since the COVID-19 pandemic began, and many companies are attempting to market products intended to help consumers deal with the risks associated with COVID-19. Some of the most common examples of such products include face masks, testing devices, hand sanitizers, and hard-surface disinfectants ...
The Federal Acquisition Regulation (FAR) Council recently issued its long-awaited final rule1 limiting the ability of civilian agencies to use the Lowest Price Technically Acceptable (LPTA) procurement method. The final FAR rule — which took effect on February 16, 2021, and largely tracks the language contained in the Defense Federal Acquisition Regulation Supplement (DFARS) final rule from 2019 2 — is codified at FAR 15.101-2 ...
With the new year comes a new president. Will the new year and administration also bring new water policy? Bet on it. Just as President Trump undid President Obama’s signature water policy decision—the Clean Water Rule, which clarified and arguably expanded federal water permitting jurisdiction—President Biden is likely to rewind many of President Trump’s water policy (and, more generally, environmental policy) decisions over the next four or more years ...
On 25 February, 2021 the triumvirate of European Supervisory Authorities, the EBA, EIOPA and ESMA (the "ESAs") published a joint statement on the effective and consistent application and national supervision of the Sustainable Finance Disclosure Regulation ("SFDR"). The joint statement is intended to help mitigate the risks of divergent application of the SFDR, and promote a level playing field to protect investors ...
San Francisco Superior Court Judge Ethan Schulman ruled yesterday that Cal/OSHA can continue to enforce its COVID-19 Emergency Temporary Standard Regulation (ETS), at least for now. On February 25, 2021, Judge Schulman issued an order denying Plaintiffs' applications for a preliminary injunction halting enforcement of the Cal/OSHA's COVID-19 Emergency Temporary Standard Regulation (ETS) in two cases ...
It’s been more than a year since the COVID-19 pandemic began, and many companies are attempting to market products intended to help consumers deal with the risks associated with COVID-19. Some of the most common examples of such products include face masks, testing devices, hand sanitizers, and hard-surface disinfectants ...
The UK Government has published the National Security and Investment Bill – a proposed law that will introduce a screening process for certain acquisitions and investments and which is expected to come into force as early as April 2021. The National Security and Investment Bill has now had its second reading and is expected to come into force as early as April 2021. We take a look at what it will cover ...
On 24 February 2021, the Finance Secretary Paul Chan delivered the 2021-22 Budget which highlighted upcoming government initiatives to promote the establishment of and re-domiciliation of offshore funds to Hong Kong using the Hong Kong open-ended fund company structure (OFC) ...
Bradley attorneys Aron Beezley and Nathaniel Greeson highlight the administrative bid protest landscape in New York given the state's abundant acquisition economy. New York state's budget is the second largest in the country, and with it, New York has some of the most developed state acquisition laws and procedures in the country. Accordingly, New York provides comparatively robust bid protest rights when it comes to state-level bid protests ...
In its most recent issue, For The Defense published an article by Dinsmore partner Richik Sarkar’s called "The Amicus Brief: An Efficient And Elegant Public Policy Tool." The article examines how, when properly employed, an amicus brief can be the best tool to effect lasting change for the benefit of the amicus and similar parties, industries, and legal interests. An excerpt is below ...
Did you know? China’s new patent law, which comes into effect on 1 June 2021, will significantly change the design patent regime and will see the introduction of partial design protection, the extension of the design patent term from 10 years to 15 years and the acceptance of domestic Chinese design patent filings as a basis for priority ...
Dear valued clients, colleagues and business partners, You are invited to join a remarkable panel of speakers who will discuss some of the latest trends in online infringement related to Covid-19 pandemic and best practices for developing a sound brand protection strategy for your intellectual property ...