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Asters | June 2023

  Two months ago, in mid-April,  the European Parliament approved  the first legislation in the European Union on tracking payments in cryptocurrencies, supervision in this area and combating money laundering. The MEPs also adopted common rules for the supervision and protection of consumer rights (MiCA,  or  Markets in Crypto assets) with safeguards against market manipulation and financial crimes ...

SyCipLaw's Banking, Finance & Securities Department's Banking Bulletin for May 2023 features the latest issuances from the Securities and Exchange Commission (SEC) and theBangko Sentral ng Pilipinas(BSP or Central Bank of the Philippines), which includes the adoption of the ASEAN Sustainable and Responsible (SRF) standards, and the clarifications made by BSP on what is considered excluded from the Real Estate Loan Limit and Stress Test ...

Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”).   On May 1, 2023, via its supplemental decision in Lion Elastomers LLC, 372 NLRB No ...

As we have often discussed, the National Labor Relations Board under the Biden administration has prioritized expanding employees’ rights under Section 7 of the National Labor Relations Act (the “Act”). Most recently, in GC Memo 23-08, the General Counsel, Jennifer Abruzzo, argued that the “proffer, maintenance, and enforcement” of non-compete agreements violate the Act because they interfere with employees’ rights under Section 7 ...

On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed applicable to Virginia employers. 1. HB1895 – Expansion of Prohibited Contractual Provisions in Cases of Sexual Assault and Sexual Harassment Current Virginia law (Va. Code § 40.1-28 ...

ALTIUS/Tiberghien | June 2023

On 14 June 2023, the European Parliament adopted its positionon the draft AI Act, which brings one step closer an EU regulation for generative AI and other AI systems. This blog gives the highlights of the current draft text, taking into account the newest amendments that have been proposed ...

Han Kun Law Offices | June 2023

As sustainable development and social responsibility are increasingly stressed in the business community, major institutional investors have come to focus on environmental, social, and governance (ESG) investing, an approach that directs socially responsible investment decisions ...

Buchalter | June 2023

  As a part of Federal agencies’ issuance of their semi-annual Spring 2023 Regulatory Agenda, the CFPB has published its Spring 2023 Agency Rule List (“2023 List”).  In that List, the CFPB has set forth the status of its present rulemaking activities and its plans for such activities in the next 6 months ...

Afridi & Angell | June 2023

Over the past few years, the United Arab Emirates has witnessed an increase in awareness and significance of environmental, social and governance (ESG) issues. While businesses in the UAE have begun to acknowledge that conscious efforts towards ESG compliance is imperative for growth and longevity of their business, the question remains whether ESG compliance can truly be said to now form a part of the UAE compliance ecosystem ...

Shoosmiths LLP | June 2023

From recovering after a global pandemic to the war in Ukraine, the collapse of Silicon Valley Bank to soaring inflation, and supply-chain delays to employee shortages, businesses across all sectors are coming up against a number of operational and liquidity challenges in current market conditions. Despite these challenges, we have seen confidence and resilience across all sectors with investment from seed to IPO ...

Dinsmore & Shohl LLP | June 2023

The National Labor Relations Board (“NLRB”) reinstated the test established in FedEx Home Delivery (FedEx II), lessening the requirements for a worker to be considered an employee and not an independent contractor. The decision in The Atlanta Opera, Inc., issued on June 13, 2023, overruled the 2019 SuperShuttle decision, opting to return to “common-law principles ...

Buchalter | June 2023

  On June 1, 2023, the Consumer Financial Protection Bureau along with Federal Reserve, OCC, FDIC,  NCUA and FHFA (collectively, the “Agencies”) issued a Notice of Proposed Rulemaking seeking comment on rules to implement quality control standards for automated valuation models (AVMs) used by residential mortgage originators and secondary market issuers in determining the collateral worth of a mortgage loan that is secured by a consumer’s principal dwelling ...

Mamo TCV Advocates | June 2023

The purpose of disclosing conflicts of interest in the investment services industry is to ensure maximum transparency for the investor. A common conflict of interest is the situation when the fund’s investment manager owns voting shares in the fund and appoints a director who is already heavily involved in the investment manager’s structure. Consequently, the appointed director might be conflicted if one is required to take a decision against the investment manager ...

Shoosmiths LLP | June 2023

We all know the feeling of making an online purchase and later regretting it - did I really need another kitchen gadget that I'll probably only use once? Luckily, by way of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which form part of retained EU law, consumers in the UK have the right to a "cooling off period" for distance contracts in certain circumstances ...

Shoosmiths LLP | June 2023

When initially approaching potential lenders it’s important to be clear about the level of flexibility you’ll need in your finance documents in order to accommodate future plans and aspirations. Amending documents and renegotiating terms is a huge drain on resources (and in current climes, costly) and your aim should be to ensure financing terms will remain fit for purpose throughout their term ...

Shoosmiths LLP | June 2023

Net migration figures from the Office for National Statistics (ONS) for the year ending December 2022 show an increase on figures from the previous year. Taking a closer look into the categories of migration behind the net figures gives further insight as to why the target to reduce net migration figures are not being met. These figures show that total immigration into the United Kingdom for 2022 was in the region of 1.2 million with emigration counted at approximately 557,000 ...

Shoosmiths LLP | June 2023

June marks ‘Pride Month’ which celebrates how far LGBTQ+ rights have come whilst also highlighting the work that still needs to be done.  We consider how allies and effective employee networks can assist in this supporting ongoing progress. Employee networks are voluntary, employee-led groups aimed at providing support, resources and a sense of community for employees who may share a common identity or experience ...

Shoosmiths LLP | June 2023

Fertility is not only a ‘women’s issue’ - the impact of infertility on men can be enormous, yet regularly goes unnoticed. In light of Men’s Health Week and Father’s Day, we look at improving support for men who are experiencing fertility issues. When it comes to infertility, research and support predominantly centres around the perspectives of women ...

Shoosmiths LLP | June 2023

The Procurement Bill has now had its third and final reading and has passed the Report Stage in the House of Commons.  The House of Commons’ latest amendments that have been added to the Bill include the following: If a supplier or a connected person poses a threat to the national security of the UK, this would be a mandatory exclusion ground. This is a change from previous versions of the Bill which classed this exclusion ground as discretionary ...

Carey | June 2023

On May 15, 2023, the Chilean Congress approved the Bill that Systematizes Economic Crimes and Attacks against the Environment (the "Bill").  Therefore, the Bill was sent to the President for its enactment into law, although it is subject to the preventive control that must be carried out by the Constitutional Court. During this period, the Executive has a deadline to exercise veto power over the bill prior to its enactment into law ...

Shoosmiths LLP | June 2023

Good governance counts because without it a charity’s impact can be much diminished, but it is also important not to be overwhelmed by all the detail and to focus on what matters. There is a lot of guidance on governance for charities Someone once said, “With proper governance, life will improve for all ...

Shoosmiths LLP | June 2023

A Bill’s fate is never sealed until it has been through all the necessary approval stages and the Retained EU Law (Revocation and Reform) Bill is no exception. Whilst numerous concerns have been raised about the speed and impact of the Bill, there were comparatively few amendments made to it as it sped through the Commons ...

Shoosmiths LLP | June 2023

We look at the legal framework within which the dispute between the UK Covid-19 Inquiry and the Cabinet Office over the former Prime Minister’s WhatsApp messages and diaries has developed, and possible consequences for the Inquiry depending on the outcome. What has the Cabinet Office been asked to provide? On 21 April 2023, Baroness Heather Hallett, Chair of the UK Covid-19 Inquiry (‘the Inquiry’) issued a Section 21 Notice to the Cabinet Office (‘the Notice’) ...

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