On May 12, the Cyberspace Administration of China (“CAC”) issued for public comments the Several Provisions on Administration of Automobile Data Security (Draft for Comment) (“Draft Provisions”). The Draft Provisions would be the first departmental rules dedicated to addressing data compliance requirements in the automobile industry. Unlike previous draft standards[1] proposed for connected vehicles, the Draft Provisions would apply to vehicles of all types ...
Flexible working is not a new concept in the UK, and it exists in a number of forms, both formal and informal. However, in the UK as with the rest of Europe, the sudden emergence of the coronavirus pandemic flipped the way many people worked across the EU as governments put in place social distancing and isolation measures ...
There is a growing consensus among business stakeholders and society at large that mere compliance with legal rules is not enough tolive up to the requirements of business integrity. Moreover, legal rules often use vague concepts and ethics are also useful to give concrete expression to the required practices ...
More than a year after the start of the COVID-19 lockdown, many citizens have adopted a lax approach to mask wearing, social distancing and sanitisation. However, a recent Labour Court judgment in South Africa indicates that employers may, within reason, be able to fairly dismiss employees for not adhering to COVID-19 safety protocols ...
When corporate executives are charged with crimes, their companies often foot the bill for their defenses. Sometimes those bills can be hefty. And while companies sometimes seek to recoup the expenses when the executives are convicted, a recent decision from the influential Judge Jed Rakoff of the Southern District of New York makes clear that the criminal restitution process may not be their best approach ...
Following the latest creditors’ meetings on May 12 and May 19, 2021, Kudun and Partners is pleased to announce that Thai Airways Public Company Limited (THAI)’s business rehabilitation plan and its amendment proposal has been widely accepted by the majority of THAI’s creditors ...
Legal due diligence processes are widely known in the context ofmergers and acquisitions (M&A) and corporate reorganisation projects. Their aim is to analyse the operations and organisation ofcompanies to identify their degree of compliance with applicable legal and contractual regulations, the level of risk of non-compliance, and the potential sources of legal and contractual liability ...
Decree-Law 36/2021, which amends Decree-Law 176/2006 of 30 August ("Medicines Statute"), was published on 19 May. The new Decree-Law introduces a ban on the advertising of discounts on the price of medicines subject to medical prescription that are reimbursed by the National Health Service ("NHS") or that contain narcotic or psychotropic substances ...
On May 19, 2021, Superintendent Resolution Nº 045-2021-SMV/02 was published, apdopting the Regulation of the Financial Participative Financing Activity and its Management Companies (the “Regulation“), which clarifies the provisions of Emergency Decree Nº 013-2020 – Emergency Decree that Promotes the Financing of MSMEs, Entrepreneurships and Startups ...
In early April as the statewide vaccination rate began to rise and major population centers across California began to see significant decreases in positive COVID cases and hospitalization rates, Governor Gavin Newsom announced that the State plans to reopen in full on June 15, 2021. As of the date of this Alert, California has one of the lowest number of COVID cases per 100,000 people and the fourth lowest number of COVID hospitalizations in the United States ...
Although the State of Michigan announced several weeks ago that employers would be permitted to require employees to return to “in-person” work, the emergency rules issued by MIOSHA prohibiting in-person work remained in place. Those emergency rules were rescinded earlier today and replaced with a new set of emergency rules that will remain in effect until October 14, 2021 ...
In light of the continuing COVID-19 outbreak in Cambodia and the various regulations issued by the Royal Government of Cambodia (“RGC”), there are certain key considerations with respect to employee entitlements that employers will need to be prepared and address, as outlined below. 1 ...
Florida has joined a growing wave of states offering individuals, businesses and other organizations significant protections against Covid-19-related legal claims. But how does Florida’s new law — “Civil Liability for Damages Relating to Covid-19” (codified at section 768.38, Florida Statutes) — work? And what do businesses need to know — and do — now? The law’s practical effect Begin with the law’s practical effect ...
OSHA Adopts CDC Vaccine Guidance. On May 17, 2021, the federal Occupational Health and Safety Administration (“OSHA”) updated its online COVID-19 portal to announce that OSHA is revising its employer materials to reflect recent interim guidance from the Centers for Disease Control and Prevention (“CDC”). In the meantime, OSHA recommends that employers “refer to the CDC guidance for information on measures appropriate to protect fully vaccinated workers ...
This is the first in a mini-series of articles setting out how whistleblowing claims can be (and are being) pursued in the Employment Tribunal during the pandemic. This first article discusses the concept of a 'protected disclosure'. Whistleblowing is not always as dramatic or headline-grabbing as this, and disclosure can often be made on a more day-to-day level ...
On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) issued new recommendations for individuals who are fully vaccinated. Specifically, the CDC stated that fully-vaccinated individuals[1] can resume activities without wearing a mask or physically distancing. However, the CDC’s guidance specifically does not override federal, state, local, tribal, or territorial laws, rules, and regulations as they related to masks and physical distancing requirements ...
Due to the COVID-19 pandemic, sweeping new laws and regulations having a tremendous impact on California workplaces were enacted in California in 2020 and 2021. Included, among numerous others, are laws imposing health and safety obligations on employers, regulations requiring employers to quarantine employees and provide wage replacement for employees exposed to COVID-19 in the workplace, along with mandated job-protected paid sick leave and extended paid family leave ...
Since the UK left the EU there have been monumental changes to immigration law that employers should consider while planning future recruitment and team structures. The free movement of people has ended and with it comes the need for EU workers to register under the European Settlement Scheme by 30 June 2021, the Skilled Worker visa and changes to other existing routes under the points-based system and even new routes ...
As courts across Canada continue to see a rising trend in self-represented litigants, it becomes increasingly important for them to understand court rules and procedures to ensure access to justice. In the recent case of Blomer v Workers Compensation Board, the Alberta Court of Appeal considered whether the motions judge could correct the procedural missteps of the self-represented litigant ...
The negative impact of COVID-19 across the social and economic spectrum is undeniable. We reflect on the findings from the Social Mobility Commission and consider how employers can help give a much-needed boost to social mobility moving forwards. Research recently published by the Social Mobility Commission has given a snapshot of public perceptions of where and whom the pandemic has impacted most ...
Robo-Advisors (sometimes spelt as Robo-Advisers) are digital investment advisory platforms that provide automated, algorithm-driven financial planning services with little to no human supervision. In this article our Oluwapelumi Omoniyi takes a cursory look at the Securities and Exchange Commission’s new rules on Robo-Advisors and highlights the rationale behind the move to regulate Robo-Advisors ...
As many of us continue to work from home and/or have opportunities for travel and meeting up restricted, we are continuing to run our essential webinar series for employers to ensure that our clients and contacts remain up to date and equipped to deal with all eventualities! Our latest seminar focused on the return to places of work ...
