In light of ongoing litigation between General Motors and Fiat Chrysler, Dinsmore partner Mark Carter wrote an article for Automotive News explaining the basics of RICO actions: "Any person injured in his or her business or property by a pattern of racketeering activity may have standing to seek relief pursuant to the Organized Crime Control Act of 1970 ...
Majoritarianism, South African courts have acknowledged, is the concept that the will of the majority is favoured over the will of the minority in serving the legislative purpose of advancing labour peace, orderly collective bargaining and the democratisation of the workplace. But a fundamental pitfall of majoritarianism is the possibility that the rights of the minority could be infringed pursuant to the will of the majority ...
In 2000, Jennifer Lopez debuted the much-publicised and spoken about Versace jungle pattern dress at the Grammy Awards. The dress offered surprisingly little coverage for a garment that comprised so much material. Some 20 years on, Versace is suing a company called Fashion Nova for selling a jungle pattern look-a-like. Versace’s complaint is that Fashion Nova’s dress will cause confusion, in the sense that the public will assume that it is connected with Versace ...
In South Africa, copyright judgments are few and far between, especially judgments of the Supreme Court of Appeal (“SCA”). This makes the recent case of Tellytrack v Marshalls World of Sport (Pty) Ltd and others, worth noting, even if it does deal with a somewhat esoteric issue. The case concerned the world of horse racing ...
You know what it’s like – you have a cushy job, you’re earning well, you’re travelling the world. Yet, you’re still not happy. The head honcho stubbornly refuses to retire, the designated successor clearly isn’t right for the job, and you have this somewhat awkward relationship with the next-in-line ...
On December 6, 2019, the Financial Analysis Unit (“UAF”) issued Resolution (oficio ordinario) No. 1745, applicable to all reporting entities detailed in Article 3 of Law No. 19,913 (e.g. banks, real estate management companies, insurance companies, among others), in order to enable them to effectively and correctly comply with General Instruction No. 59 dated May 24, 2019 (“Instruction No. 59”) ...
On December 27, 2019, the Chilean Pensions Superintendence (the “SP”) issued General Regulations No.68 and No.256, amending the Unemployment Insurance Regulation Compendium and Pension Funds Regulation Compendium, respectively, in order to organize the different regulations applicable to the investment of Pension Funds in alternative assets and consolidate the various instructions and resolutions issued by the SP between 2018 and 2019 ...
The sharing economy enters the home as rising property prices drive nomadic millennial singletons to seek an alternative to the inflexible rented apartment.An impromptu foosball game with your neighbour while waiting for the laundry. Cooking classes in a communal Masterchef-inspired kitchen. Movie screenings, board game nights, and in-house yoga and meditation sessions. These are but some of the activities to look forward to if you take up quarters in a co-living facility ...
Following our previous general Q&As on labor management issues that may arise during the novel coronavirus (“2019-nCoV”) epidemic prevention and control period, we have compiled for your reference additional issues identified in the regulatory documents promulgated by central and local governments and human resources and social security bureaus ...
A flurry of regulatory documents has been promulgated in response to the recent large-scale spread of the novel coronavirus (“2019-nCoV”), many of which substantially impact the rights and interests of enterprises and their employees ...
As we enter into a new decade, we cannot over emphasize the importance of protecting your brands. In this digital age, trademarks are becoming more vulnerable to infringement. Mass production and counterfeit products are swamping the market ...
Freezing orders are one of the most important weapons inacourt’s arsenal to prevent parties from disposing of or dissipating assetsto ensure they will be available to satisfy a potential future money judgment. In the British Virgin Islands, the court is empowered to grant a freezing order under the provisions of the Eastern Caribbean Supreme Court and the Civil Procedure Rules ...
Kochhar & Co. Senior Partner, Suhas Srinivasiah, and Principal Associate, Ajay G Prasad, have co-authored the India chapter of the ‘Private Mergers & Acquisitions’ published by Practical Law, Thomson Reuters. The paper provides a holistic view of the M&A law in India and recent trends in the private M&A space” ...
In December of 2019, the State of Ohio Board of Pharmacy (“Board”) proposed rule changes for medical marijuana dispensaries. These proposed rule changes came on the heels of increased regulatory scrutiny of ownership structures and consulting arrangements in recent months.1 The proposed rules ostensibly seek to revise and clarify the Board’s position on changes of ownership and control of medical marijuana dispensaries ...
Effective Oct. 1, 2017, Ohio Revised Code 4123.84 was amended to shorten the statute of limitations for the filing a traditional workers’ compensation claim (a standard physical injury resulting in either a lost-time, medical-only, or death claim) from two years following the alleged date of injury to one year. The amendment does not apply to either occupational disease claims or VSSR filings, which maintain the two-year statute ...
Effective January 2020, U.S. Department of Labor (DOL) increased the salary thresholds for several of the Fair Labor Standards Act (FLSA) exemptions. The salary threshold levels for the white-collar exemptions and the highly compensated employee exemption have increased, making it more difficult for an employee to be classified as exempt under the FLSA. As a result, an estimated additional 1.3 million workers now qualify for overtime premiums ...
According to Panamanian law, all employees must have an employment contract with some mandatory content which cannot be replaced by a job offer. Salary and working hours, must be agreed in this employment contract. The salary could be paid by month, fortnight, week, day or hour, but the practice is to negotiate a monthly salary, which must be at least equal to the minimum wage established by law ...
The Indonesian competition authority, the Indonesian Commission for the Supervision of Business Competition (the “KPPU”) issued Regulation No.4 of 2019 on the Procedures for the Supervision and Handling of Partnership Cases (“Reg 4/2019”). This regulation replaces No.1 of 2015 on the Procedure for the Supervision of Partnerships, as amended, and Regulation No.1 of 2017 on the Procedures for Handling Partnership Cases, as amended (“Old Regulation”) ...
Pursuant to Israeli employment law, an employer cannot employ workers on their weekly rest day unless it obtains a special permit from the Ministry of Labour and Social Affairs. A weekly rest is 36 consecutive hours. Under certain circumstances, it is possible to shorten shift workers' weekly rest to 25 consecutive hours. For Jewish workers, the weekly rest day is Saturday (ie, from the beginning of the Sabbath on Friday evening until Saturday evening) ...
On 14 January 2020, the Employment Law Amendment Law (DIFC Law 4 of 2020) and the Employment Regulations (the Amendment) were enacted. The Amendment introduces a new mandatory workplace savings scheme, which replaces the current end-of-service gratuity regime. The new scheme commences on 1 February 2020 ...
Why is H-1B Filing Season Important? This is the only time of year (with minor exceptions indicated below) U.S. Citizenship and Immigration Services (USCIS) accepts H-1B specialty worker petitions for the next fiscal year, which begins Oct. 1, 2020 ...
With the year 2019 now behind us, it is a good time to remind ourselves of the changes that took place in the field of employment law over the past year. It is also time to prepare for the reforms that will happen in 2020. LEGISLATIVE REFORMS, AMENDMENTS AND SIGNIFICANT PRECEDENTS IN 2019 In 2019, there were some amendments to Finnish employment legislation ...
New California laws could make it more difficult for employers to enforce employment arbitration agreements and now prohibit “no rehire” language in settlement agreements involving employment disputes. Arbitration Agreements The enforceability of employment arbitration agreements has long been under attack in California ...
