On October 7, 2022 Federal laws No. 376-FZ and No. 379-FZ which provide supplementary guarantees for employees came into effect. Among other things, new grounds for termination of an employment contract have been introduced and opportunity and procedure for an employment contract suspension for the period of military service have been formalized ...
According to a 2017 report, more than half of the companies that have Black owners are turned down for loans—a rate twice as high as white business owners.[1] Even when Black business owners get approved for bank loans, their rate of failure to receive full financing is the highest among all categories by more than 10% ...
The ESG & CSR: Impact on Employment webinar is being held as part the Mamo TCV Sustainable Finance Week being held between 24 October & 28 October 2022. Please click here for the programme of events ...
A recent Employment Appeal Tribunal (‘EAT’) decision provides a cautionary tale for employers on compensation awards but all is not lost. We examine Dafiaghor-Olomu v Community Integrated Care and outline key steps employers can take to protect themselves against inflated liability ...
The recent decision of an Inspector not to confirm a compulsory purchase order (CPO) sought by the London Borough of Barking and Dagenham is a key reminder of the need to fully justify the use of CPO powers and provide appropriate supporting evidence. The decision On 4 October 2022 an Inspector decided not to confirm a compulsory purchase order (CPO) sought by the London Borough of Barking and Dagenham (Borough) ...
The past two years have accelerated the pace of change in the workplace, not just in terms of a more positive approach towards flexible and hybrid working and an increased use of technology but also in terms of skills shortages and a strain on the current labour market. The past two years have also highlighted a continued need for employers to do even more to support and nurture their disabled workforce, with more proactive recruitment and retention strategies ...
President Biden’s Executive Order on US data transfers came at the end of last week, signalling a “dramatic step” for EU-US data relations, with knock on consequences for the UK expected. The superlatives can’t get strong enough for US data lawyers commenting on its impact. The problem Under the EU and UK GDPR an international transfer requires “adequate safeguards” to be in place ...
No employer wants to make decisions based on an employee's social media activity. Everyone tells employees to keep their private life private and don't let it affect the job — right? What happens when it is not the employee's social media conduct but a viral video of the employee that becomes the center of a social media firestorm? As with so many things in employment law, you can't make this stuff up ...
Hybrid working is now an accepted way of working for many employees who relish the balance it brings to their lives. The approach has challenges for employers; not least performance management of remote employees and how to deal with issues that arise. Hybrid working certainly has its benefits, with many surveys reporting that employees who work from home for part of the week feel more productive and can maintain a better work / life balance ...
On July 15, 2022, Justice François Lebel of the Court of Québec rendered a decision confirming that, in the case of the sale of immovable property, a clear and unambiguous exclusion clause, whereby the warranty is waived at the buyer?s risk, results in a break in the chain of title preventing the buyer from taking any legal action under such warranty against the seller and previous sellers ...
The past two years have seen significant growth in the number of mergers and acquisitions nationwide with many business owners choosing to liquefy their assets and move on. At the same time, employers have had to cope with numerous challenges that have made the otherwise routine task of employee onboarding and I-9 preparation more difficult. Some employers (unlawfully) stopped preparing I-9s for new hires altogether ...
Mamo TCV Advocates will be at the Start Up Festival Malta organised by StartinMalta this week! The 2nd edition of the Start Up Festival will be taking place on the 13 & 14 October 2022 at Villa Bighi, Kalkara. Reach out to us to have a chat about our newly launched Start-Up Toolkit or get in touch with us on [email protected] to set up a meeting to discuss how we can help you navigate your legal & regulatory obligations ...
It has been a little over a year since the Financial Action Task Force (“FATF”), an international initiative established to combat money laundering published its Mutual Evaluation Report (“MER”) on South Africa in which it identified major “weak spots” in our compliance processes. The FATF gave the country a deadline of February 2023 to remedy all the deficiencies or face possible grey listing ...
After more than 10 years, the Department of Finance has finally issued Revenue Regulations (RR) 7-2022, which provides "the policies and guidelines for the availment of tax incentives under the Renewable Energy Act of 2008" ...
We are pleased to launch the Mamo TCV Start-Up Toolkit. Our start-up toolkit is a bundle of legal, corporate and regulatory services designed as a starter pack for entrepreneurs wishing to set up a business in Malta. Through the Toolkit, we aim to lower the barriers to entry for start-ups by providing key documentation required at company formation stage and guidance on how to fulfil their obligations to be in a position to launch their commercial proposition ...
In the case with number 609/2018 TA decided on the 29th of September 2022, the employee was alleging that he had suffered an injury whilst performing his duties as a gardener. The defendant company employing the plaintiff rejected responsibility for this alleged incident ...
On Monday, a split National Labor Relations Board (NLRB) issued a ruling that requires employers to maintain union dues deductions even after the collective bargaining agreements establishing those arrangements expire. The case is Valley Hospital Medical Center, Inc., NLRB, Case 28-CA-213783 (Sept. 30, 2022). The NLRB’s 3-2 ruling, decided along party lines, reinstates the Obama-era rule[1] requiring dues deductions to continue after a labor contract ends ...
Dr Nicholas Valenzia, head of the Aviation Practice Area at the firm, has moderated a panel focusing on the Finance and Legal aspects of Aviation, featuring Alexandra Asche, Sales Director, from Global Jet Capital and Khader Mattar, CEO, from IC Group. The firm has once again participated in the Malta Aviation Conference & Expo (MACE) held at the Hilton, Portomaso between the 5th and 6th October, 2022 ...
On 25 March 2020, the Myanmar Competition Commission issued Directive No. 2/2020 under Section 56, Subsection (b) of the Competition Law. The directive aims to prohibit unfair advertising practices, ensure fair competition among businesses, and protect the public and consumers from potential harm ...
Kudun and Partners have successfully represented Radiant Power Co., Ltd. and Jetion Solar (Thailand) Co., Ltd., a large solar panel manufacturer backed by a Chinese-state-owned company, China National Building Materials Group Corporation, for the acquisition of 100% shares including the transfer of debts related to Engineering Procurement Construction (EPC) work from Pattanathurakit Co., Ltd. for an accumulated sum of THB 960 million ...
Kudun and Partners was invited by the Chartered Institute of Arbitrators (CIArb) Thailand branch to host and provide the opening remarks for CIArb’s first in-person event in several years featuring guest speakers, Kevin Nash, SIAC Registrar and Dr. Vanina Sucharitkul, Chair of the CIArb Thailand Branch ...
Dr Nicholas Valenzia, head of our aviation practice team, will be moderating a legal and financial panel at MACE, the upcoming Malta Aviation Conference & Expo, to be held at the Hilton, Malta between the 5th and 6th October, 2022. Dr Ingrid Fenech and Dr Joshua Chircop will also be present at the conference. Please feel free to get in touch directly to make an appointment ...
Most people know that Facebook is now Meta, following a well-publicised rebrand in 2021. According to an article that appeared in the publication IP Planet: “the main goal was for this name to fit better with future developments of the company, and in particular with the emergence of the metaverse as a new virtual world.” Image source: Unsplash We reported back in 2021 on the emergence of the Metaverse ...
In this article, we look at three IP-related matters that have come up recently. THREATS - BREACH OF CONFIDENCE / PRIVATE INFORMATION There’s been an interesting UK court decision dealing with breach of confidence: Clearcourse Partnership and others v Jethwa (2022). In this case, a party involved in a business sale heard and used information that he was not supposed to hear ...
