On September 8, 2021, Mr. Éric Girard, Minister of Finance, presented his Draft Regulation specifying the classes of liability insurance contracts that may derogate from public policy rules previously applicable to liability insurance (the? Draft Regulation ?), Namely those set out in articles 2500 and 2503 of the Civil Code of Quebec (? CCQ? ) concerning the insurer? s duty to defend and the exclusive application of insurance coverage to injured third parties ...
This week the government has published the draft legislation for the residential property developer tax (“RPDT”) for technical consultation. RPDT is a new tax, intended to be imposed on companies carrying out residential property development from 1 April 2022, and described by the government as being introduced “to ensure that the largest developers make a fair contribution to help fund the government’s cladding remediation costs” ...
As we enter the final quarter of 2021, there are many things still to do and plan for before the end of the year. There are also some timing considerations given proposed legislative changes and the lead time needed to accomplish some of these items. You should be reviewing your year-end estate planning or business transition concerns NOW ...
On Sept. 22, 2021, the U.S. Health Resources and Services Administration (HRSA) publicly referred six matters involving drug manufacturers to the United States Department of Health and Human Services (HHS) Office of Inspector General (OIG) for possible imposition of civil monetary penalties (CMPs) ...
Recently, the Centers for Medicare & Medicaid Services (CMS) announced it is rescinding the audit determinations for providers notified in January 2021 that had failed to qualify for the “mid-build” exception. CMS took this action due to questions raised by these providers regarding the audit process ...
The White House announced on Monday, Sept. 20, 2021, that in early November of this year, it intends to end the COVID-19 travel bans imposed in 2020 and replace them with vaccination and COVID-19 testing requirements for almost all travelers ...
Law360 published an article this week by Dinsmore health care attorney LaTawnda Moore about an ongoing scheme made possible by the increasing prevalence of telehealth during the COVID-19 pandemic. This scheme is putting telehealth executives and health care providers at risk of criminal and civil liability. An excerpt is below. The telehealth executives pay health care providers for prescriptions ...
[!<CDATA[ The trend toward conducting business online has gained even stronger momentum as the economy continues to adapt to the challenges of the COVID-19 pandemic. But an increased digital presence carries the potential for increased legal risk ...
On September 23, 2021, the Ministry of Economy, Development and Tourism published in the Official Gazette the Electronic Commerce Regulation ("Regulation"). It will become effective on March 24, 2022, according to its transitory article. This Regulation, complying with the provisions of Article 30 and Article 62 of Law No ...
Decree No 131 of the Ministry of Public Works, published in the Official Gazette on September 15, 2021 (the "Decree No 131"), comes to amend DS No 50 / 2015 (the "Decree No 50"), Regulation of Article 295 paragraph 2° of the Water Code, which establishes technical conditions to be met in the design, construction and operation of hydraulic works of Article 294, consisting, among others, in dams or reservoirs with a capacity greater than 50 thousand m3 or whose wall is more than 5 mete
The rule has long been the source of controversy and confusion. This decision of the Board provides some welcome clarification non two aspects of the rules, being the relevant time for determining whether the reflective loss rule should apply (the "Timing Issue") and the definition of a 'common wrongdoer' for the purposes of the reflective loss rule (the "Common Wrongdoer Issue"). Primeo Fund (the appellant) was a Cayman Islands company in official liquidation ...
Background On 15 July 2021 the States of Deliberation (Guernsey's parliament) approved the Income Tax (Guernsey) (Amendment) Ordinance, 2021 (the "Ordinance") which makes a number of important amendments to Guernsey's Income Tax Law ...
The Ohio Department of Commerce (Department) recently announced licensed medical marijuana cultivators who are maxing out their grow area capacity will be permitted to apply for an expansion. Presently, there are 20 Level I cultivators capable of growing up to 25,000 square feet of medicinal marijuana, and 15 Level II cultivator licensees that are smaller in scale and permitted up to 3,000 square feet of grow capacity ...
COVID-19 has thrust the world into recession and its rippling effects have given rise to rapid and accelerating changes. Many businesses have moved or expanded into online channels as we collectively begin to embrace and advance headlong into an increasingly digitalized society ...
In a move that should significantly ease traveling to the United States, the Biden Administration has announced plans to withdraw COVID-related geographic travel restrictions in early November ...
A key concern for shipowners and lenders will be where to register these new vessels. In this briefing, we consider three factors that usually influence the choice of flag state: (1) financing considerations, (2) recognition for the flag and (3) speed, responsiveness and certainty. Introduction Choosing the flag state where a ship will be registered requires balancing different factors ...
We would like to take this opportunity to remind our readers that the immovable property tax (“TOIP”) and Unused Land Tax deadlines for 2021 are fast approaching next Thursday (the 30th) of September 2021. The 2021 TOIP and Unused Land Tax payment can be submitted at any tax branch or any branches of the following banks: Canadia, ACLEDA, Vattanac, Cambodia Public Bank or ABA Bank ...
On 8 September 2021 the Ministry of the Economy and Finance (“MEF”) issued Prakas 543 on Tax on Salary (“Prakas 543”) and Prakas 542 on the Rules and Procedures concerning the Implementation of Value Added Tax on E-Commerce Activities (“Prakas 542”) ...
Please find, herein, the latest up-to-date digest of the most significant court decisions, concerning the conducting of internal investigations and the subsequent bringing of employees to disciplinary and material liability. Here are the key decisions of the Higher Courts of the Russian Federation, as well as precedents of regional judicial authorities, over the 2018 – 2021 period. 1 ...
The President characterised this initiative as one necessary to counter "a pandemic of the unvaccinated", stating, "This is not about freedom or personal choice. It’s about protecting yourself and those around you" ...
Key Points Assembly Bill (AB) 361 allows an agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency's jurisdiction during proclaimed state of emergencies ...
Key Points California's First District Court of Appeal continued a recent pro-housing trend, reversing a City of San Mateo rejection of a multifamily housing development application. The court determined the denial was based on a subjective design guideline, therefore violating the Housing Accountability Act. Ambiguous guidelines may still be utilized in limited circumstances if there is a long-standing and consistent local government interpretation ...
