In this article we highlight the most significant employment law cases since April 2023 and the lessons that employers should take from them. Pregnancy discrimination In dismissal situations, the motivation of the decision-maker to dismiss is key rather than the motivation of other employees who may be indirectly involved, as the case of Alcedo Orange Ltd v Ferridge-Gunn demonstrates ...
The Financial Conduct Authority (FCA) published a letter to Cryptoasset firms on the 4 July confirming that qualifying cryptoassets will now fall within the scope of the financial promotions regime. From the 8 October 2023, all firms marketing cryptoassets to UK consumers, including firms based overseas, must comply with the financial promotions regime. What is a Financial Promotion? A financial promotion is a broadly defined term, with no technological boundaries ...
The National Consumer Service ("SERNAC") initiated a citizen consultation aimed at consumers to learn about their opinions on how protected they feel in consumer matters and how they perceive the current role and powers of the Service. In order to gather the opinion’s of the citizens, a form with 12 questions will be available on its website until July 23 ...
Please be informed of the adoption of a number of legislative and regulatory acts that impose restrictions on the use of foreign programs and products in the government and financial sectors ...
On July 16, 2023 the President of the Russian Federation signed Decree 'On Amendments to the List of Movable and Immovable Property, Securities, Shares in the Authorized (share) Capital of Russian Legal Entities and Property Rights, in respect of which Interim Administration is introduced, approved by the Decree of the President of the Russian Federation dated April 25, 2023 No. 302' No. 520 (“Decree No. 520”)1. Decree No ...
Buchalter Client Alert July 17, 2023 By: Melissa Richards Florida has enacted its own Commercial Financing Disclosure Law (“CFDL”) that is similar to California and New York’s disclosure laws. The Florida CFDL applies to covered “Commercial Financing Transactions” consummated on or after January 1, 2024 that are $500,000 or less and originated by a covered “Provider ...
Did you know? A pilot program providing Hong Kong applicants with the opportunity to expedite their patent applications filed in China has been in place since 1 Jan 2023. The scheme allows Hong Kong permanent residents and entities legally registered in Hong Kong to request prioritized examination for their patent applications before the China National Intellectual Property Administration ...
Shoosmiths’ mobility head, Jonathan Smart, was a speaker at the SMMT International Automotive Summit 2023, hosted in London. Jonathan moderated a panel discussion focused on the competitive challenges facing the UK’s automotive manufacturing sector. The summit was aimed at addressing the challenges facing the automotive sector, including building resiliency, international collaboration, unlocking potential, competitiveness and innovation ...
Today's judgment from the European Court of Justice ("ECJ") in the case Commission v CK Telecoms (C-376/20 P) provides insight into how the EU merger control provisions should be assessed in consolidated markets, such as telecommunications. Understanding the judgment may be relevant for consolidation plans in many industries with tendencies towards oligopoly ...
Many billions of assets under management have already been tokenised. High profile managers such as Franklin Templeton, Abrdn, KKR, Mitsui and Hamilton Lane have already launched tokenised products. Whilst there is no doubt that this is a nascent space, and these assets still represent a tiny percentage of the funds industry, we expect this area to grow exponentially in the coming years. What is tokenisation? Tokenisation is the digital representation of "traditional" financial assets (e.g ...
Acting as a director of a company or incorporated body (whether incorporated in or under the laws of the Bailiwick of Guernsey or elsewhere) by way of business[1] is a regulated activity under The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 as amended (the "Fiduciaries Law") ...
On 25 April 2023, Guernsey introduced the Preferred Debts (Insurance Policyholders) (Bailiwick of Guernsey) Amendment Ordinance, 2023. That Ordinance effects changes to the Preferred Debts Law, 1983, which accords priority to certain preferred creditors in the event of insolvency. Full details of Guernsey's insolvency regime can be found here ...
The European Commission has adopted revised Horizontal Block Exemption Regulations on research and development agreements and specialisation agreements, as well as revised Horizontal Guidelines. This follows a thorough review of the existent rules ...
Vikas Shah MBE chats to Adam Wagner on the rule of law. Susanna Reid from ITV’s Good Morning Britain calls him “the barrister who kept the legal receipts”. Put simply, Adam knows more about the Covid regulations which upended our lives from March 2020 onwards than arguably anyone else in the country ...
On 16 June 2023 the High Court handed down its first instance decision in the case of Virgin Media Limited v NTL Pension Trustees II Limited and others, dealing with the impact on amendments affecting contracted out rights of failing to obtain a section 37 certificate ...
Nope, we’re not referring to Elvis Presley’s Suspicious Minds but rather in relation to the perils consumers have been facing when falling into subscription traps set by traders ...
With skills shortages increasing across multiple sectors and widespread productivity levels reportedly declining, many organisations are looking to develop the skills of their existing workforce and the wider talent pool ...
We would like to inform you that on July 10, 2023 the Federal Law No. 301-FZ “On Amendments to the Federal Law “On Protection of Competition” has been adopted (hereinafter – the “Law”, the “Fifth antimonopoly package”). The Law shall take effect as of September 01, 2023 ...
In the case 3389/MF, the applicant argued that his redundancy from Airmalta plc was not genuine and consequently, that he should be compensated for unfair dismissal. On the other hand, Airmalta claimed that the marketing business had changed throughout the years and through a restructuring process, it had been decided that the role of marketing manager was no longer needed ...
The transitional period linked to the Covid-19 pandemic ends on 30 June 2023. As a result, the social security thresholds for teleworking come into effect again, with all the obligations and administrative formalities that this entails. However, some cross-border teleworkers and their employers will be subject to new rules under the new European telework framework agreement_ signed by Luxembourg on 5 June 2023. 1 ...
The Advertising Standards Authority (ASA) has published an update to its guidance on misleading green claims that demonstrates its collaboration with the Competition and Markets Authority (CMA) and their joint commitment to protect consumers from 'greenwashing'. What are green claims? We discussed green claims and the ASA’s and CMA’s guidance in our previous article “Are your green claims compliant?” ...
Michelle Craven-Faulkner, Partner and Rail Sector Lead participated in a roundtable in Birmingham last month hosted by Insider Media Limited, which was focused on the challenges, obstacles and opportunities supply chains face when looking at how manufacturing is adapting and innovating to bring forward the green revolution in transport. Michelle joined a team of experts and leading players from the mobility sector covering rail, automotive and aerospace ...
The key issue before the formal body of advisers to the UK sovereign was whether the trustee of a settlement “exercised for a proper purpose” an express power contained in the trust deed to add and exclude discretionary objects, having added a purpose trust as an object and removed all family members comprising the entire class of objects. The Background The trust settlors were two brothers who founded Formosa Plastics Group, one of the largest business conglomerates in Taiwan ...
