Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest that awarded $20,000 grants to select small business owners, all of whom, by the contest’s express rules, had to be Black women. That case, American Alliance for Equal Rights v. Fearless Fund Management, LLC, settled yesterday ...
The UK Cabinet Office has just announced, in a brief statement that the date for the Procurement Act 2023 to enter into force has been postponed. At less than 2 months from the planned “go live” date which was slated for 28 October 2024, in a surprise announcement, the new Government has decided to push this back. The reasoning for the decision stems directly from the change in administration following this year’s General Election ...
Carey Olsen promotes corporate lawyer Emily Cornhill to partner in the Cayman Islands Emily advises on a range of corporate and commercial matters, with a particular emphasis on investment funds. Her practice focuses on the establishment of investment funds in the Cayman Islands, in addition to advising on transactional, financing and regulatory and compliance matters related to investment funds and other vehicles ...
Carey Olsen advises FitzWalter Capital on launch of ~US$1.4 billion fund The Carey Olsen corporate team advising on the Jersey aspects of the transaction comprised partner James Mulholland, counsel Thomas MacAdie and associate Charlie Hurst, working alongside onshore counsel Debevoise & Plimpton LLP and Jersey administrator J.P. Morgan ...
A federal court has issued a nationwide injunction blocking enforcement of the Federal Trade Commission’s (“FTC”) new rule that would ban nearly all non-competition (“non-compete”) deals. The rule, issued on April 23, 2024 (the “Non-Compete Rule”), would broadly ban employer/employee non-compete agreements nationwide and was set to go into effect on September 4, 2024 (“Effective Date”) ...
September 11, 2024 By: Amber Healy, Craig Nickerson, and Spencer Adler On September 3rd, 2024, Los Angeles County’s Fair Chance Ordinance (“FCO”) went into effect, establishing new criminal background check requirements for employers in unincorporated areas of Los Angeles County. The FCO expands the limitations placed on employers by California’s Fair Chance Act (“FCA”) ...
The trend for financial services businesses and others to procure services from FinTech providers – and for providers to offer their services direct to consumers – has increased over the last 15 years. In this article, we outline some of the key areas of law that relate to FinTech. Similar to technology law more broadly, FinTech law is very much a “discipline of disciplines” ...
SyCipLaw's Employment & Immigration Update (Volume XIX, Issue 1) features the latest issuances from the Department of Labor & Employment (DOLE), summaries of Supreme Court decisions, and labor and immigration updates. Please read the full bulletinhereor via thislink. Labor Advisories DOLE Labor Advisory No. 23-23: Guidelines on Minimum Public Health Standards in Workplaces Relative to the Lifting of the State of Public Health Emergency due to COVID-19 DOLE Labor Advisory No ...
This newsletter features a look into notable recent case law and other developments in Finnish competition law and other regulatory issues. The Finnish Competition and Consumer Authority proposes a first ever fine for an alleged obstruction of a dawn raid In May 2024, the Finnish Competition and Consumer Authority (FCCA) proposed that the Market Court imposes an infringement fine of approximately EUR 4.4 million for an alleged obstruction of the FCCA's unannounced inspection ...
Dr. Christine Calleja from Mamo TCV Advocates and Dr. Matthew Brincat from Ganado Advocates will be participating in an upcoming webinar organised by Novargo on the 12th of September. This webinar will focus on tackling key employment law issues encountered by HR professionals. Participants will have the chance to ask questions and gain invaluable insights on effectively navigating complex legal matters and workplace challenges ...
Carey Olsen advises Sarasin Bread Street on inaugural multi vintage private equity fund The fund comprised two separate closed-ended registered collective investment schemes, utilising a single-manager multi vintage investment strategy to acquire a diversified portfolio of private company investments managed by Carlyle Group across a range of years from 2014 to 2024 ...
Two Carey Olsen lawyers named eprivateclient 2024 NextGen leaders The 2024 eprivateclient NextGen Leaders award is open to nominees from within the private client advisory professions, including private client tax, trust, dispute resolution, and family lawyers, as well as accountants and trustees. Judging is based on the individual's qualities and achievements ...
Changes to the Cayman Islands Beneficial Ownership Regime The New BO Regime extends the scope of entities required to maintain a BO Register by including limited partnerships and removing a number of exemptions, while also consolidating the requirements in a single statute and reducing duplication of reporting where one Cayman Islands entity holds a reportable interest in another ...
In recent years, the emphasis on sustainable and responsible investment has grown significantly. This shift is driven by increasing awareness of environmental, social, and governance (“ESG”) issues among investors, regulators, and the public ...
In Harrington v. Purdue Pharma LP in June, the U.S. Supreme Court held that the U.S. Bankruptcy Code does not authorize nonconsensual releases of nondebtors as part of a Chapter 11 plan ...
Recently, the United States Court of Appeals for the Fifth Circuit issued a decision on the Department of Labor's (DOL) rule concerning tipped employees. This final rule, introduced in 2021, addresses the amount of time a tipped employee can spend on "tip-producing work" versus "non-tip-producing work ...
The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most employment-based green cards. The NIW is granted to foreign nationals who can demonstrate that their work is in the national interest of the United States, making it a valuable option for highly skilled professionals ...
The Dubai International Financial Centre (DIFC) has introduced the DIFC Prescribed Company Regulations 2024 (the 2024 Regulations), replacing the DIFC Prescribed Company Regulations 2019 (as amended in 2020 and 2022) (together theFormer Regulations). The 2024 Regulations came into effect on 15 July 2024 and expand the range of applicants eligible to incorporate a so called “prescribed company” in the DIFC ...
Until recently, employer matching contributions under qualified plans were required to be conditioned solely upon employee contributions made to the plan. However, one of the many changes enacted by the Consolidated Appropriations Act, 2023, Pub. L. 117-328 (“SECURE 2.0”) enabled certain qualified plans to condition employer matching contributions on employees’ qualified student loan repayments, effective for plan years beginning in 2024 ...
In a decision given on the 8th of August 2024 with respect to the case ASF 013/2024, the Arbiter for Financial Services (hereinafter referred to as the ‘Arbiter’) rejected a complaint filed against a Life Insurance Provider regarding a life insurance policy with an investment element which the complainant had purchased from the Life Insurance Provider in the year 2000 ...
Carey Olsen announces new counsel within Bermuda employment law practice Bradley has over ten years of experience advising clients on a full range of contentious and non-contentious employment law matters. He also advises on all aspects of Bermuda immigration law, both for corporate and individual clients, in addition to data protection and privacy matters. Bradley was admitted as a solicitor of England and Wales in 2011 and was called to the Bermuda Bar in 2020 ...
Carey Olsen advises USA Rare Earth on its US$870 million business combination with Inflection Point Acquisition Corp. II The proposed transaction values USARE at a pro-forma enterprise value of US$870 million and includes an initial circa US$35 million PIPE investment, of which US$25 million funded in connection with the signing of the business combination agreement ...
Nothing lasts forever... or does it? New perpetuities legislation introduced in the Cayman Islands The "old" rule The rule against perpetuities currently applicable in the Cayman Islands is derived from English law and is aimed at preventing individuals from 'tying up' their assets in trust indefinitely. Broadly speaking, the rule prescribes a set period – the perpetuity period – within which time the interest of each beneficiary must vest (i.e ...
Carey Olsen advises Tapir Holdings Ltd. on acquisition of shares in Rendeavour Holding Limited and subsequent listing on Bermuda Stock Exchange As part of the generation of funding and the consideration for the Acquisition, Tapir issued a total of 202,662,602 new ordinary shares, which were admitted for listing on the Mezzanine Market of the Bermuda Stock Exchange by way of subsequent listing (the "Listing") ...
Law No. 21,398 (known as the "Pro-Consumer Law"), which amended Law No. 19,496, Consumer Protection Act ("CPA"), reinforced the right of withdrawal in distance purchases, establishing that: Consumers may exercise the right of withdrawal or repentance, within a period of 10 days from receipt of the product, without expression of cause, with respect to all purchases of goods, without conditioning the right to the will of the supplier ...
