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Dinsmore & Shohl LLP | October 2023

On October 16, 2023, the Division of Examinations of the United States Securities and Exchange Commission (the “Division”) published the 2024 Examination Priorities.  Historically, the Examination Priorities have been published in the 1st quarter of the applicable calendar year.  For 2024, the Division revised the publication date to align with the start of the SEC’s fiscal year ...

Buchalter | October 2023

October 23, 2023  By: Leah Lively and Alexandra Shulman This month, dozens of class action lawsuits have been filed in Washington, based on alleged violations of Washington’s Equal Pay and Opportunity Act ...

Carey | October 2023

On October 16, 2023, the Council of the Central Bank of Chile ("CBCh") published in consultation a proposal to systematize and update the exchange information requested to entities that are part of the Formal Exchange Market (the "Project"), in compliance with the regulation of the Foreign Exchange Regulations Compendium ("FERC"), together with a reformulation and restructuring of this regulatory body ...

Afridi & Angell | October 2023

A survey* published by the Dubai Statistics Center has called for input from the public in what appears to be research relating to the application of 'Common Law' in all free zones in Dubai. The survey is not about the use of 'Common Law' in a general sense. Instead, the Dubai government is focused on integrating DIFC laws and giving jurisdiction to the DIFC Courts for overseeing civil and commercial disputes within the free zones ...

Mamo TCV Advocates | October 2023

  The unconstitutional nature of property devolving on the Government of Malta following the procedure to render a company defunct  Introduction  On 12 October 2023, the First Hall of the Civil Court in its Constitutional Jurisdiction delivered a landmark ruling in the case Carmel Cortis et vs. Office of the Prime Minister et ...

Afridi & Angell | October 2023

The DIFC Courts have recently confirmed that Decision Notices issued by the Dubai Financial Services Authority (DFSA) are not binding on the Court as findings of fact ...

Afridi & Angell | October 2023

The UAE recently enacted Federal Decree Law 15 of 2023 (theAmendment) making certain changes to the provisions of the law governing arbitration, Federal Law 6 of 2018 (theArbitration Law). These changes are consistent with the UAE’s forward-looking approach to arbitration. Some of the key amendments are highlighted below ...

Shoosmiths LLP | October 2023

When the Occupational and Personal Pension Schemes (Conditions for Transfer) Regulations 2021 came into force on 30 November 2021 the government promised to review them 18 months later. That review shows there's more work to be done. Background Back in December 2021 we wrote about the new Occupational and Personal Pension Schemes (Conditions for Transfer) Regulations 2021 (Transfer Regulations), which had come into force on 30 November 2021 ...

Mamo TCV Advocates | October 2023

  In case 161/2022/LM, delivered on 11th October 2023, the Court of Appeal upheld the decision of the Industrial Tribunal, which found justifiable reasons for dismissal. Following the Tribunal’s conclusion that the grounds for dismissal presented by the defendant company were justified, and consequently, the dismissal was fair, the former employee contested this decision in front of the Court of Appeal ...

Dinsmore & Shohl LLP | October 2023

Last week, 49 state attorneys general announced a $49.5 million settlement with Blackbaud, Inc.  (Blackbaud) over the software company’s data-security practices and its response to a breach in 2020 that exposed the personal information of millions of individuals. Blackbaud provides software solutions to nonprofit organizations, including charities, schools and healthcare agencies, to help them connect with donors and manage data about their constituencies ...

Carey Olsen | October 2023

Executive summary The Board overturned the Court of Appeal's decision, holding that an aggrieved shareholder who has agreed to have disputes amongst the shareholders resolved by way of arbitration, must first have such disputes that fall within the ambit of the arbitration agreement determined accordingly before the threshold question of whether the company should be wound up on just and equitable grounds to obtain alternative relief may be addressed ...

Mamo TCV Advocates | October 2023

  Mamo TCV Advocates will once again be participating in MACE, the Malta Aviation Conference & Expo, taking place between the 11th and 12th of October, 2023 at the Hilton, Malta. Dr Nicholas Valenzia, Partner heading the Aviation & Shipping Practice Areas of the firm, Dr Joshua Chircop, Senior Associate, and Dr Aleandro Mifsud, Associate, will be attending the conference ...

Carey Olsen | October 2023

Jersey contracts are not subject to a general duty of good faith and mere silence, without more, cannot amount to a misrepresentation. These were some of the key outcomes of the Royal Court's decision in Hard Rock Limited and Anor v HRCKY Limited [2023] JRC 169. What happened? In 1999, Hard Rock sold to HRCKY the franchise rights to run a Hard Rock Café in the Cayman Islands. The franchise was initially a lucrative operation ...

Shoosmiths LLP | October 2023

It’s been an exhausting week for climate and transport policy. Whilst the controversy around the Conservatives’ self-declared “war on motorists” will rightly rage, there seems little doubt that the move to electrification of domestic vehicles is one which they accept is inevitable, and ideology aside, makes good financial sense ...

Shoosmiths LLP | October 2023

The government has today confirmed that it will not be proceeding with the northern leg of the HS2 high-speed rail link, with the prime minister, Rishi Sunak, stating: "Our plan will drive far more growth and opportunity here in the North than a faster train to London ever would." HS2 was never just about getting to London faster though ...

Afridi & Angell | October 2023

The UAE Cabinet recently issued Cabinet Decision 66 of 2023 (the Executive Regulations) concerning the executive regulations of the Federal Law 15 of 2020 on Consumer Protection (Consumer Protection Law). The Executive Regulations shall come into effect on 14 October 2023 ...

Shoosmiths LLP | September 2023

The Manchester Crown Court made an order confiscating a landlord’s rent under the Proceeds of Crime Act 2002 for breaching a planning enforcement notice. Manchester’s Curry Mile is home to one of the largest concentrations of Asian eateries in the UK. Until recently, the Mile had also been the home of ‘Dubai Café’ ...

Mamo TCV Advocates | September 2023

  On the 15th of September 2023, the Court of Appeal (Inferior Jurisdiction) (Appeal Number: 155/2022 LM) reversed the Industrial Tribunal’s decision that had previously considered that the plaintiff had been unfairly dismissed from his employment with a bank. The Court was tasked with deciding on the employee’s allegations during proceedings which primarily related to claiming discriminatory treatment and unfair dismissal ...

Shoosmiths LLP | September 2023

The evolution of technology is bringing rapid change to the world of work and employers who fail to embrace new tech will fall behind those that do. This is as true of the transport industry as any other. Employers that are leveraging technology are able to improve efficiencies, reduce costs and deliver a superior customer experience ...

On complex construction projects, there may be multiple contractors, subcontractors, vendors, suppliers, and sub-subcontractors working along side one another. With various entities working parallel there are substantial risks that one contractor’s work will interfere with that of another contractor on the project. When the two parties have direct contracts with one another (e.g ...

Shoosmiths LLP | September 2023

In an increasingly digital age, paper documents are often regarded (at best) as quaint and (at worst) as unnecessary and expensive. But when it comes to international trade, paper documents have been fundamental in terms of giving the holder of that physical document the benefit of valuable rights. This has now changed. From 20 September 2023, the Electronic Trade Documents Act 2023 places certain electronic trade documents on an equal footing as their paper counterparts under English law ...

Shoosmiths LLP | September 2023

The International Organization of Securities Commissions (IOSCO) has published its policy recommendations for decentralised finance (DeFi) as a consultation paper. Responses are due by 19 October 2023 ...

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