The proposal for a directive on the recovery and resolution of insurance and reinsurance companies enshrines the no creditor worse off principle as provided for in the Bank Recovery and Resolution Directive (“BRRD”). This opens the door for the Portuguese legislature to repeat the mistakes it made when incorporating the BRRD into Portuguese law ...
As a business owner, you know how much goes into creating strategies and plans for long-term success. Creating a well-executed succession plan that identifies and develops future company leaders that may include transferring ownership to them, ensures that the business you have built continues to grow. Here are some things to consider when developing a succession plan ...
Economic sanctions The sanctions imposed by the UK, European Union and US following the recent invasion of Ukraine by Russia target the Russian economy. Whilst Russia is the largest country in the world, in terms of the global economy it only made up 3.11% of Global GDP in 2020. The sanctions imposed however will still have wide ranging impacts on all areas of the global market, and can already be seen in dramatically rising energy prices ...
By Glenn Kangisser Shu Shu Wong March 11, 2022 Earlier this month, the English Commercial Court upheld an appeal from an arbitration in MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) that a “reasonable endeavours” requirement in a force majeure clause, invoked due to the impact of US sanctions on Russia, did not require the party claiming force majeure to accept non-contractual performance ...
By Jeffrey Wolfson March 22, 2022 In the wake of financial sanctions by the United States, the United Kingdom, EU nations, and various other countries against Russia for its unprovoked attack on Ukraine1, you might be considering what, if anything, to do about your patents, trademarks, utility models, industrial designs, etc., in Russia. You may have already decided to write off your Russian IP as a complete loss ...
[!<CDATA[ A recent decision by the Eleventh Circuit (the federal appeals court supervising trial courts in Florida, Georgia, and Alabama) sheds light on at least one way that insurers with complicated policies (and a host of exclusions) may avoid providing coverage and defense resources to insured material suppliers whose products are the focus of defect claims. In Morgan Concrete Company v ...
[!<CDATA[ A recent opinion from the Court of Appeals of Texas provides clarification regarding a contractor’s right to payment where the adequacy of the work performed is challenged and an owner attempts to rely on a satisfaction clause to withhold payment. It also sheds light, in the context of complex construction contracts, on the common contract requirement that the contractor must “strictly comply” with the Contract requirements. In Turner v ...
During the US President’s visit to Brussels, President Biden and President of the European Commission, Ursula von der Leyen, stated on Friday 25 March that the parties have agreed on the main principles of a new agreement on the protection of personal data transferred to the United States. While a concrete agreement text has not yet been published, the US White House has published a Fact Sheet explaining the key principles to be expected in the final framework ...
Dear valued clients, colleagues and friends,The issue of whether an employee is transferred or seconded can sometimes prove rather contentious. In a transfer, the employment relationship to transferred to the new employer (i.e. the original company is no longer the employer), whereas in a secondment situation, the employee remains under the employment of the original company but may perform work for the secondee company ...
The UK's competition authority (CMA) unusually cleared a merger (Sony Music / AWAL) after nine months of investigation. Could a Phase 2 investigation have been avoided? On 16 March 2022 the Competition and Markets Authority (CMA) issued its final report into the completed acquisition by Sony Music Entertainment (Sony Music) of AWAL and Kobalt Neighbouring rights businesses from Kobalt Music Group Limited ...
The 31st of March is already an auspicious date in the Cambodian tax calendar: It is the deadline for most taxpayers in Cambodia to submit their annual Income Tax return. This year, however, the last day of March is also the deadline for non-resident e-commerce providers to register for value-added tax (“VAT”) in Cambodia ...
Over the years, the Quebec courts have repeatedly stated that dismissed employees have a duty to mitigate the damages they suffer as a result of a dismissal. This obligation, which is now codified in the Civil Code of Québec,1 has been adapted to the circumstances of the cases over which the courts have presided. The question, then, is whether the COVID-19 pandemic is likely to have an impact on a dismissed employee?s obligation to mitigate damages ...
On 25 February 2022, the High Court handed down its judgment in Corbin and King Ltd v AXA Insurance UK Plc [2022] EWHC 409 (Comm), giving further guidance on business interruption (BI) claims resulting from COVID-19 restrictions. However, permission has now been granted to appeal. The policyholder friendly judgment gives guidance on aggregation and the application of the Supreme Court’s causation reasoning to non-damage denial of access (NDDA) clauses ...
The new Register of Persons Holding a Controlled interest in Land (RCI) will come into force in Scotland on 1 April 2022. The purpose of this article is to highlight the key points of the regulations behind the RCI1 and how they may affect landowners and tenants of registrable leases (being those longer than 20 years) in Scotland ...
Energy efficiency is an important element for the location of data centres. A trade agreement with New Zealand could lead to a growth of demand from UK data holders for data centres in New Zealand. Background The data centre market is affected by numerous complex elements. Some support growth in the United Kingdom, such as the need to ensure United Kingdom data is in UK facilities if data privacy measures cannot be put in place for storage of data abroad ...
6 April 2021 saw the IR35 regime change for large or medium sized private and third sector organisations. As the first year anniversary of these changes approaches, in this and subsequent articles, we consider the impact the changes have had so far. For our first article in the series, we consider whether organisations are applying the rules correctly and what common mistakes are being made ...
Working remotely combined with “The Great Resignation” has raised questions about how employers can best protect their business interests in this new world of work. Rewind a few years and most employees were physically attending the workplace every day, which in turn made it easier for employers to monitor the work being carried out by their employees and ensure that confidential files were locked away safely ...
Earlier this week chancellor Rishi Sunak revealed the contents of his Spring Statement, against a backdrop of economic uncertainty where he referenced the national pandemic recovery and the war in Ukraine. Key announcements made included cutting fuel duty, raising the National Insurance threshold and enhancing the R&D tax credits system for more sectors to stimulate private sector investment. Our experts respond below to the statement at large ...
One of the amendments to the National Internal Revenue Code, as amended (the Tax Code), which was introduced by Republic Act (RA) No. 10963 (the Tax Reform for Acceleration and Inclusion (TRAIN) Law) and took effect on 1 January 2018, was the increase of value-added tax (VAT) from 0% to 12% on the sale of goods and services to export enterprises upon satisfaction of certain conditions under the TRAIN Law. On 11 April 2021, RA No ...
When it comes to continuing disclosure, two of the more common “material events” to occur are rating changes and the incurrence of a “financial obligation.” As a general matter, these are reportable events that should be posted to Electronic Municipal Market Access (EMMA). However, as a practical matter, these material events are frequently overlooked ...
Intending to provide clear reporting obligations for issuers, and to provide consistent, comparable, and decision-useful information for investors, on March 21, 2022, the Securities and Exchange Commission (SEC) proposed a landmark climate disclosure rule that would mandate SEC registrants to disclose greenhouse gas (GHG) emissions and certain materials risks relating to climate change ...
The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act. Recall the drama of the Trump administration's narrower definition of a joint employer for wage purposes, followed by the Biden administration's almost immediate rescission of that rule. Gig economy workers have battled about overtime and their entitlement to it under the FLSA's definitions ...
