On June 13, 2011, the Supreme Court issued its opinion in United States v. Jicarilla Apache Nation, 564 U.S. ___ (2011), holding that the fiduciary exception to the attorney-client privilege does not apply to the United States government’s administration of Indian trusts ...
On April 28, 2011, the Mexican Senate approved a draft of “Federal Law on the Prevention and Identification of Operations from Illicit Sources” (the “Law”), which has since then been referred to the Mexican Chamber of Representatives for consideration. This initiative is intended to implement a system to combat organized crime by preventing the financing of its activities through money laundering ...
OVERVIEW OF GOVERNANCE REGIME In Ukraine the primary law making body is the Ukrainian Parliament (‘the Parliament’). The power to make laws may be delegated to lower governments or specific bodies of Ukraine but only for prescribed purposes. The State Stock Market Securities Commission of Ukraine (‘the SSMSC’) is the regulator for the securities market ...
1. Industry Structure and Market Portugal is usually looked at as a potential oil-producing country attracting industry players on a regular basis to carry out prospection activities due to the extension of its coast. In fact, several public agencies and experts have identified the Portuguese off-shore and on-shore as having oil producing potential ...
The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”) was signed into law by President Obama on July 21, 2010. The Act was enacted to address many regulatory issues, including to promote financial stability in the United States “by improving accountability and transparency in the financial system,” “to end ‘too big to fail,’” and “to protect consumers from abusive financial services ...
On June 22, 2011, the Securities and Exchange Commission (the “SEC”) adopted final rules and amendments under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that are designed to implement various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) ...
On June 20, 2011, the Supreme Court issued its opinion in Wal-Mart Stores, Inc. v. Dukes, reversing a Court of Appeals decision that had affirmed certification of a nationwide class of 1.5 million female employees in a gender discrimination suit against Wal-Mart. In a 5-4 decision, the Court held that class certification was improper because the named plaintiffs failed to satisfy the commonality requirement of Rule 23(a)(2) of the Federal Rules of Civil Procedure ...
Did you shop for your last car insurance policy on the Web?If you did, you are part of the growing number of people who now shop for their insurance online.Online insurance sales are a rapidly growing phenomenon: publicity is omnipresent ...
Since the mid-1620s when the Dutch settled in Manhattan, New York City has been a diverse, multicultural, international center for trade, commerce and finance. As a result of the role New York has played in the global community for more than three centuries, parties often select, and specify, the law of New York as the governing law in their agreements. Its rationality, consistency and stability provide an invaluable foundation for legal and business relationships the world over ...
The position of Corporate Secretary has evolved over the years. For some organizations, gone are the days when the Corporate Secretary was a mere corporate record custodian, certifier of corporate organizational facts and note-taker. Bylaws, board mandates, shareholder agreements and other governance documents, not to mention job descriptions, may or may not fully describe the expectations that now often go with the role. This article examines the role of the Corporate Secretary ...
As the general counsel of a public company, you are busy working one day and the CEO walks into your office and says, “I’ve been thinking that I would like to make a proposal to take this company private. I need your advice on how to get started.” The following points should be considered to help make the process easier ...
Employers are likely to let out a collective groan of exasperation over the recently launched consultation on shared, flexible parental leave and the extension of the right to request flexible working to all employees ...
Employers are likely to let out a collective groan of exasperation over the recently launched consultation on shared, flexible parental leave and the extension of the right to request flexible working to all employees ...
By Daniel Gold and Tracy G. Smith1 In an opinion issued June 13, 2011, Janus Capital Group, Inc. v. First Derivative Traders, 564 U.S. __ (2011), the Supreme Court declined to adopt a broad interpretation of who can be considered to have “made” a statement under the federal securities laws ...
Recent cases in which employers have successfully defended their decisions to enforce dress and diversity policies against Christian employees have led to comments by Christian campaigners that there is "disproportionate animosity" towards the Christian faith in the UK courts ...
The Court of Appeal has confirmed that a failure by the transferor to provide the information required by Regulation 13 of TUPE does not render the transfer ineffective (Marcroft v Heartland). The underlying dispute in this case concerned the enforcement of restrictive covenants in Mr Marcroft's contract. He had been employed by PMI in its commercial insurance business ...
In Watson v University of Strathclyde, the Employment Appeal Tribunal held that the inclusion of a particular member of staff on a panel to hear an appeal against a grievance amounted to a fundamental breach of contract, so that the employee who had brought the grievance was constructively dismissed ...
It is well established that an employer who provides a reference owes the employee who is the subject of the reference a duty to take reasonable care in preparing the reference ...
The Court of Appeal has ruled that career-long compensation will only be awarded in cases where an employee has little to no prospect of ever finding an equivalent job. (Wardle v Credit Agricole Corporate and Investment Bank). Mr Wardle, aged 44, brought a race discrimination claim against his employers, the French bank Credit Agricole, when a French candidate was awarded a promotion ahead of him ...
In a welcome decision for employers, the Employment Appeal Tribunal has considered the extent to which employment tribunals should investigate the employer's marking and scoring process in a redundancy procedure and held that detailed judicial scrutiny of the scores awarded in a redundancy process is inappropriate (Dabson v David Cover & Sons Ltd). Mr Dabson argued that he had been dismissed unfairly for redundancy ...
The Empoyment Appeal Tribunal has held, in the case of Burns v Santander UK plc, that an employee who is remanded in custody for 6 months while awaiting trial was not entitled to claim wages for that period. Mr Burns was arrested and charged with various criminal offences. He remained in custody for 6 months until his trial. Santander wrote to him to say that he would not be paid while he was in custody ...
The Government launched its consultation on modern workplaces on 16 May 2011. The consultation contains proposals for a system of shared flexible parental leave, the extension of the right to request flexible working to all employees, changes to the Working Time Regulations to deal with the interaction of holiday and sickness absence and proposals to require employers to carry out equal pay audits if they lose an equal pay claim ...
The Department for Business Innovation and Skills has now published its final guidance on the Agency Workers Regulations, which come in to force on 1 October 2011. The final guidance makes the provisions and requirements in relation to pay between assignments clearer especially in relation to annual leave. There has also been a minor change to remove one-off non-contractual bonus payments from the definition of pay ...
Guidance to assist with determining who falls within the definition of a disabled person under the Equality Act 2010 came into force on 1 May 2011. It sets out the constituent parts of the statutory definition and provides examples to help to determine whether a person is disabled or not ...
