One of the great innovations that will bring the new Data Protection Law is the establishment of a new legal basis, leaving behind the consent-law binomial. Notwithstanding the above, the new law will recognize the extreme relevance of the data subject's consent and regulate in depth the necessary requirements for a "valid consent" ...
One of the main challenges that organizations will face is to comply in a timely manner with the requests for ARCO Rights that may be exercised by the data subject. This is one of the main pillars of this new regulation, so it is essential that data controllers know and effectively implement procedures to comply with the regulation. Brief context: Law 19.628 ARCO rights[1], i.e. the rights conferred on data subjects to protect their personal data, are enshrined in our current legislation ...
Stine Lettrem joins from her position as partner and head of the national labor law group at KPMG Law. She also has previous experience from BDO Advokater and worked at Simonsen Vogt Wiig from 2013 to 2016. Stine has 15 years of experience as a business lawyer and primarily works with labor law/pensions. She has broad experience in most areas of labor law and has assisted both national and international clients, as well as the private and public sectors ...
Carey Olsen advises on groundbreaking private catastrophe bond The bond was issued from the Randolph Re cell of Aon's White Rock Insurance Company PCC Limited – the first time a catastrophe bond has been issued out of a Guernsey vehicle. Previous Randolph Re catastrophe bonds were all issued out of Aon's Bermuda cell company, White Rock Insurance (SAC) Ltd. structure, making this a first for Guernsey and one of only a few cat bonds issued in this jurisdiction ...
Banks of all sizes should take note of these changes and update policies and procedures to avoid running afoul of new rules and regulations. Here is an overview of some notable changes that have taken place in recent months. The Expansion of Federal Overtime Eligibility A U.S ...
Carey Olsen announces 2024 Bermuda Scholarship Scheme recipient The scholarship was established four years ago to provide exceptional Bermudian law students with the opportunity to obtain a Commonwealth qualification overseas, before returning home to join the Bermuda Bar ...
Class action lawsuits continue to rise, both in terms of litigation spending and number of cases. Companies reportedly spent US$3.9 billion on class action defences in 2023, surpassing the previous record high, set in US $3.5 billion. Meanwhile, courts have continued their gatekeeping function at the class certification stage. Questions of whether common issues are truly predominant have remained at the forefront, with a continued focus on the presence of ‘uninjured’ class members ...
Simplified Stock Companies (SAS) have been implemented in El Salvador as a corporate solution aimed at micro-entrepreneurs and informal sector merchants who, due to entry barriers established in various regulatory bodies, were discouraged from forming a traditional corporate vehicle (e.g., Corporation, Limited Partnership, Limited Liability Company, among others) to conduct their business. In pursuit of the objective mentioned above, the reforms to the Commercial Code (C. Com ...
Marriage and civil partnership discrimination occurs when someone is treated unfairly or differently because of their marital status. We explore the causes, effects, and legal implications for employers of this form of discrimination in the workplace ...
On May 7th, 2024, the President of Chile sent a bill (the “Bill”) to the Chamber of Deputies aimed at reactivating tourism and promoting the audiovisual industry, in order to revitalize one of the most affected sectors by the Covid-19 pandemic and to close the gaps that still exist in the arrival of foreign tourists to our country ...
A private sale may start an inventor’s one-year filing clock, but it likely won’t save a patentee from an intervening prior art reference. On July 31, 2024, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) elaborated on the prior art public sale exception set forth in 35 U.S.C. §102(b)(2)(B). Specifically, the CAFC affirmed that a secret sale of a product would not be sufficient to pre-date a prior art reference under 35 U.S ...
In the calendar year 2024, roughly 32.6 million companies will be required by the Corporate Transparency Act (“CTA”) to report personal information about their beneficial owners. The report must be made to the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Department of the Treasury. The information below provides an overview of the requirements for our business clients that were created or registered prior to January 1, 2024 ...
As promised by the new government, the consultation on the revised National Planning Policy Framework (NPPF) has landed and now runs to 24 September. The Labour administration has clearly been busy in the lead up to the election, as the work that has gone into this is not the endeavour of less than a month in power. There’s a significant amount to analyse ...
The much-anticipated revised National Planning Policy Framework (NPPF) was published for consultation on 30 July, with the consultation running until 24 September. The consultation document extends more widely than changes to the NPPF itself, centred around the three pillars of stability, investment and reform. This article looks at the proposed reform. It should be said at the outset that much in the NPPF remains as before and the reforms might be regarded as tweaks ...
Whilst the revised National Planning Policy Framework (NPPF) contains a number of potentially game changing new policy proposals, many of the changes aim to re-wind the clock to the pre-December 2023 version of the NPPF. This is to encourage short-term growth through restored stability in the planning system ...
State Duma passes law on anonymization of personal data in second and third readings The law provides for the creation of a ****state information system**** with ****anonymized**** PD (“PD”). The PD ****operator**** (****employer****) will be obliged to anonymize processed data (e.g ...
On July 30, 2024, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it will conduct a second round of the H-1B Cap Lottery to supplement the registrants from the April 2024 selection. This means that foreign nationals who previously registered, but were not selected in this year’s H-1B lottery, have an additional chance. If selected from this supplemental second round, winners will be allowed to submit H-1B petitions for FY 2025 ...
We are pleased to issue our ninth edition of the Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space. In this issue, we focus on the sector specific and cross-sectoral regulatory updates relating to investment services, CSPs, fintech, insurance undertakings and insurance intermediaries ...
Carey Olsen advises on the establishment of a new corporate structure to domicile Ferguson in the US by way of a Jersey merger As a result of the merger which took place on 1 August 2024, Ferguson, which has a market capitalisation of over £30 billion, has completed its transition to establish a new corporate structure and ultimate parent company domiciled in the United States ...
Mamo TCV Advocates is pleased to announce that Dr Veronica Grixti will be appointed as a partner of the firm with effect from 1st August 2024. Veronica obtained her Doctoral degree in Law from the University of Malta in 2004 and a Master of Law degree in Magister Juris (European & Comparative Law) in 2005 and joined the firm’s corporate and general commercial and insurance team as an associate in 2005 ...
Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, was passed on June 20, 2024, introducing anti-replacement-worker provisions to the Canada Labour Code. While anti-replacement-worker legislation has existed in Quebec since 1977, nothing of the sort existed for federal jurisdiction employers ...
After a two-and-a-half-year legislative process, the EU’s Corporate Sustainability Due Diligence Directive (CSDDD or CS3D) was published in the EU Official Journal on 5th July 2024, marking a paradigm shift in corporate sustainability. In recent years, companies have increasingly faced societal and legal pressures to adopt more sustainable business practices, typically centered around environmental protection ...
On the 12th July 2024, the Malta Financial Services Authority (“MFSA”) published a Circular introducing new passporting forms for (re)insurance undertakings as part of the MFSA’s efforts to address new requirements emanating from the Cross Border Notification Platform launched in February 2023 ...
July 31, 2024 By: Thomas O'Connell “It’s Monday, April 7, 2014. It is a cool, mostly cloudy morning at an independently owned and operated McDonald’s in Los Angeles, California. That day, two employees allegedly “engaged in concerted activities with other employees for the purposes of mutual aid and protection, by discussing a disciplinary incident with co-workers ...
You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the proper procedures to perfect the lien and obtain a judgment in your favor, you may force the sale of the property to collect on your judgment (see Ala. Code § 35-11-226). This article focuses on the procedural basics of Alabama’s lien law ...
