On October 7, 2022, the White House released its National Strategy for the Arctic Region, further developing the federal government’s approach to the northernmost region, which is under intergovernmental purview. The document is an update to a policy released in 2013, and is intended to express the federal government’s “affirmative U.S ...
October 12, 2022 By: Michael Flynn On September 27, 2022, the Consumer Financial Protection Bureau (CFPB) issued a Request for Information Regarding Mortgage Refinances and Forbearances. The Request indicates that the CFPB is considering making the COVID emergency relief foreclosure/loss mitigation requirements a permanent requirement for mortgage lenders and servicers when dealing with temporarily distressed borrowers ...
In Ismail v Life Entabeni Hospital, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) had to decide whether an employee had been unfairly discriminated against on the basis of her religion as a result of the employer’s “bare below the elbow” policy (“BBE policy”) which did not permit the wearing of long sleeves by those employees working in general wards and the ICU ...
‘Coming out’, whether as lesbian, gay, bisexual, transgender, or queer, absolutely still matters. With changing societal attitudes and the recent courageous public announcements of two professional footballers, it is hoped that it is getting easier. Nonetheless, workplace statistics still show that LGBTQ+ employees do not openly voice their sexuality and/or gender identity at work through fear of discrimination and harassment ...
On 7 October 2022 the President of the Russian Federation has signed Federal Law No. 387-FZ 'On Amendments to Article 52 of the Arbitrazh Procedure Code of the Russian Federation and Article 45 of the Civil Procedure Code of the Russian Federation'. The Federal Law comes into force on 18 October 2022 ...
In the case with number 609/2018 TA decided on the 29th of September 2022, the employee was alleging that he had suffered an injury whilst performing his duties as a gardener. The defendant company employing the plaintiff rejected responsibility for this alleged incident ...
Kudun and Partners was invited by the Chartered Institute of Arbitrators (CIArb) Thailand branch to host and provide the opening remarks for CIArb’s first in-person event in several years featuring guest speakers, Kevin Nash, SIAC Registrar and Dr. Vanina Sucharitkul, Chair of the CIArb Thailand Branch ...
On October 5, 2022, during the Tribal Consultation session in Washington, D.C ...
The passing of Her Late Majesty marks the end of an era, the sudden absence of a reassuring figure who has been with most of us for all of our lives, but it is only the latest in a series of seismic events to remind us of constant change and of our need to continually adapt. With rising inflation and increasing energy costs and an anticipated fall in donations, charities face meeting more demand from fewer resources and the question of what they should be doing at this time ...
Following rehearing en banc, an evenly split full Fourth Circuit has affirmed the district court’s dismissal of a qui tam action based on the defendant’s “objectively reasonable” interpretation of ambiguous regulations—the Safeco defense. Though the Fourth Circuit panel’s decision is now vacated, no circuit split exists on the question. Nevertheless, the Supreme Court is weighing a possible grant of cert in two similar Seventh Circuit cases ...
The SEC’s final rule for its pay versus performance disclosure will require registrants to disclose information reflecting the relationship between executive compensation actually paid by a registrant and the registrant’s financial performance. The rules implement the Dodd-Frank Act’s pay versus performance disclosure mandate ...
On 13 September 2022, the Microfinance Supervision Committee (“Committee“) under the Ministry of Planning and Finance issued Directive No.4/2022 (“Directive“), which outlines risk-based management strategies required of microfinance institutions (“MFIs“) to combat money laundering and terrorism. The Directive also pertains to Section 69 (c) of the Anti-Money Laundering Law (Union Parliament Law No ...
In this article, we look at three IP-related matters that have come up recently. THREATS - BREACH OF CONFIDENCE / PRIVATE INFORMATION There’s been an interesting UK court decision dealing with breach of confidence: Clearcourse Partnership and others v Jethwa (2022). In this case, a party involved in a business sale heard and used information that he was not supposed to hear ...
October 4, 2022 By Braeden Mansouri and Alicia Guerra On September 28, Governor Gavin Newsom signed into law two of the most anticipated housing bills of this legislative session: AB 2011 and SB 6. Both bills have the potential to increase significantly the amount of land available for residential development by deeming housing a permitted use in certain types of commercial zones ...
A Fourth Circuit ruling in a False Claims Act case has created a 4-4 circuit split over the issue of the act’s knowledge requirement, Bradley partner Elisha Kobre explains. This makes the issue ripe for the US Supreme Court, where a ruling on whether an objective or subjective standard should apply will resonate in FCA litigation for years, he says. The US Court of Appeals for the Fourth Circuit’s en banc decision Sept ...
The Securities and Exchange Commission (“SEC”) recently filed fraud charges against the City of Rochester, New York (“City”), former City executives, and the City’s municipal advisor, reminding us of the importance of up-to-date, accurate disclosures when it comes to the financial condition of political subdivisions, as well as the risks of issuing debt using outdated financial statements ...
Provisur Technologies, Inc. v. Weber, Inc., Appeal Nos. 2021-1942, -1975 (Fed. Cir. Sept. 27, 2022) In this week’s Case of the Week, the Federal Circuit reviewed an IPR decision and addressed the Patent Trial and Appeal Board’s consideration of certain evidence submitted to supplement a prior art disclosure. The Court also found that the Board violated the Administrative Procedures Act (APA) by failing to sufficiently explain its rationale concerning its obviousness determinations ...
With the COVID-19 Inquiry (“the Inquiry”) now open, and applications for Core Participant status for Modules 1 and 2 currently being assessed, potential applicants will need to consider how their participation in the Inquiry will be funded. Section 40 of the Inquiries Act 2005 provides that funding for legal representation can be awarded out of the Inquiry budget. As the Inquiry will be funded by the government this is, in effect, public funding ...
The Supplement to MM2H — Premium Visa Programme (“PVIP”) Dear valued clients, colleagues and friends, The Home Minister, Datuk Seri Hamzah Zainudin, announced the launch of the “Premium Visa Programme” on 1 September 2022 ...
During the COVID-19 pandemic, questions about employee health-privacy-related symptoms, testing, and vaccination became prevalent in discussions about the workplace at all levels—from “the water cooler” to national news ...
Introduction: Lawyers as Stewards of a Noble Profession In the final scenes of the movie “A Few Good Men” – one of the great classics of legal cinema – under dramatic, but extremely risky cross-examination by Lt. Daniel Kaffee (played by Tom Cruise), Col. Nathan Jessup (played by Jack Nicholson) admitted to directing the kind of “Code Red” discipline which led to the unintentional death of a Marine stationed at Guantanamo Bay, Cuba ...
Key Points AB 890 gave Nurse Practitioners who meet certain requirements authority to practice more independently. The bill created two categories of Nurse Practitioner—one that may perform delineated functions without the use of standardized procedures in certain clinical settings where physicians and surgeons practice and another that may perform these functions and more outside of such clinical settings ...
On September 27th, 2022, Law No. 21,488 was enacted, incorporating new crimes in the Chilean Criminal Code sanctioning the theft of timber. The new regulation, in its first article, adds the "Paragraph IV ter. of the theft of timber" in the Chilean Criminal Code to grant a special regulation of these crimes. Thus, if the value of the timber obtained through the theft exceeds approximately USD 615.00, an accessory penalty will be applied consisting of a fine of USD 4,615.00 to USD 6,154.00 ...
In the CyberMonday event, from October 3 to 5 2022, will be fully in force the reforms to Law No. 19,496 on Consumer Rights Protection in the field of e-commerce, introduced mainly by the "Pro-Consumer" Law and the Electronic Commerce Regulation. The following are the main aspects and obligations to be taken into consideration for the event: Promotions, offers, contests and sweepstakes must disclose the terms and conditions governing them and their term of duration ...
On September 23, Kudun and Partners were invited by TrustLaw, the charitable arm of Thomson Reuters, to be the legal experts in their Legal Health Check Workshop. The core objective of the event was to raise awareness of how law firms, like Kudun and Partners, can work with TrustLaw to provide pro bono legal services to NGOs, Civil Society Organizations (CSOs) and social enterprises (SEs). Chai Lertvittayachaikul and Emi Rowse (Igusa), partners of Kudun and Partners, presented at the event ...
