As we explained previously, in April 2016 the Second Appellate District held that California’s Fair Employment and Housing Act (FEHA) creates a separate duty to provide reasonable accommodation to an applicant or employee who is “associated” with a disabled person. On rehearing of the Castro-Ramirez v. Dependable Highway Express, Inc. decision (Case No. B261165, B262524), the Court has retreated from its prior holding ...
The prevailing question is - do employees have the right to privacy in theworkplace?Employees want to work in a safe environment without the fearof being constantly monitored by their employers. Consequently, employeesexpect that their privacy in the workplace is respected. On the other hand, employershave the right to protect their business interests against unwarrantedconsequences that would damage their business ...
Maria Ostashenko, ALRUD Partner, and Ksenia Erokhina, Senior Attorney, contributed to Comparative legal Guide to Outsourcing 2016. Within collaboration with the publishing house ALRUD specialists have prepared the chapter devoted to outsourcing and its regulation in Russia. The chapter has comprehensiblequestion-answer format ...
The effect of Brexit on EU nationals living and working in the United Kingdom will undoubtedly be of interest to many employers as things develop over the coming months. The provisions for leaving the EU are outlined in Article 50 of the Treaty on European Union, which states that "Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements ...
The August 2016 issue of the Asian Legal Business (ALB) Asia Edition includes a regional update by SyCipLaw partner Maria Teresa Mercado-Ferrer entitled “A Need to Clarify Powers of the Philippine Economic Zone Authority and Local Government Units Relative to Peza-Registered BPO Companies”. The regional update can be found on page 15.Read the full ALB August 2016 issue for free ...
For far too long, Africa has been plagued by the demon of conflict minerals, which have played a key role in fuelling conflict and extensive human rights violations. The terrible scenes in Sierra Leone, Liberia and the Democratic Republic of Congo (DRC) remain vivid in the mind. In the history of conflict minerals, diamonds occupy the highest spot. They are valuable, portable and easily tradeable ...
The AMC completed revision of its procedural rules on merger notifications. The new Merger Regulation significantly reduces disclosure requirements and simplifies filing forms, especially for mergers with no or limited overlaps ...
Pierre Denis, Étienne Brassard, Benjamin David Gross and Sibylle Ferreira, whose practices focus on business law, financing and aeronautics, contributed to the development of a Q&A guide entitled Aviation finance in Canada: overview and published in the first edition of Practical Law’s Aviation Finance Global Guide ...
The case of Wilson v. Atomic Energy of Canada Limited1 came to a close on July 14, 2016, when the Supreme Court of Canada (the ?Supreme Court?) reversed a controversial Federal Court of Appeal decision in which it had been held that a dismissal without cause was not necessarily an ?unjust dismissal? under the Canada Labour Code (?the Code?) ...
Timeline 20 August 2013: The South African National Assembly passes the Protection of Personal Information Bill [B9D of 2009] (“the Bill”) to give effect to the constitutional right to privacy. 19 November 2013: The Bill is signed into law by President Jacob Zuma and gazetted as the Protection of Personal Information Act 4 of 2013 (“POPI”) ...
Over the past year, the broad-based black economic empowerment (“B-BBEE”) landscape in South Africa has been completely overhauled and has become more stringent ...
During the last two days, the Labour Court judgment in the matter of Solidarity and Others v The South African Broadcasting Corporation (“SABC”) (case no. J 1343/16, 26 July 2016) has been widely publicised and is well-known to South Africans. The judgment relates to a protest policy recently introduced by the SABC, in terms of which it would no longer broadcast footage of destruction of public property during protests ...
The decision by the International Trademark Association (“INTA”) to host a major meeting in Cape Town – apparently the first INTA conference to take place on African soil – is highly significant. It certainly says a great deal about the continent's growing economic importance. The conference takes place on 1 – 2 September 2016 and it’s entitled “Building Africa with Brands” ...
On July 27, 2016, the Securities and Insurance Superintendence (“SVS”) issued the general rule 410 (“NCG 410”), which supplements the list of entities that qualify as “institutional investors” according to article 4(e) of the Securities Market Law N°18,045 (“LMV”) ...
On June 17, 2016, the Superior Court1 affirmed the 2014 decision of the Commission des lésions professionnelles2 ("CLP") in Canadelle, s.e.c. and Commission de la santé et de la sécurité du travail ...
Implementation of Prakas on minimum registered capital of banking and financial institutions,Circular № B7-016-117 C.L, dated 16 June 2016This Circular, issued on 16 June 2016, aims at implementing Prakas №B7-016-117 on Minimum Registered Capital of Banking and Financial Institutions (“BFIs”), dated 22 March 2016 (“Prakas №B7-016-117”), in relation to procedures for increasing the minimum registered capital requirements of BFIs ...
Media outlets have recently been reporting on the possibility that Nikola Tesla Airport will acquire Sava Centar (SC), with the purpose of turning it into its company headquarters. This acquisition would be followed by an investment of over EUR 30 million in the next three years for the building's reconstruction and adaptation ...
Last June 24th, the Supreme Court of Canada (the ?Supreme Court?) rendered judgment in the case of British Columbia (Workers? Compensation Appeal Tribunal) v. Fraser Health Authority1 (?Fraser?). Briefly, this case involved seven laboratory technicians from the same hospital who had breast cancer. Each of them filed a claim for compensation under the Workers Compensation Act (the ?Act?), alleging that their cancer was an occupational disease ...
On June 25th, 2016, Law No. 20,930 that establishes the environmental conservation right was published in the Official Gazzette. The purpose of this law is to create a mechanism to simplify and promote the participation of private parties in the conservation of the environment, as a complement to the work done by the State in these matters. This right has its origin in Comparative Law ...
Latest news reports from the airline industry show that the European Commission has ended their investigation into the ownership structure of "Air Serbia", reaching a conclusion that Serbia indeed holds management rights over its national air carrier. Furthermore, having in mind their minority stake in Air Serbia, Etihad Airways has thus been enabled to operate according to EU standards in Serbia ...
The July 2016 issue of the Asian Legal Business (ALB) Asia Edition included a regional update article entitled "Single Entry Approach: Mandatory Conciliation and Mediation of Labor Disputes", contributed by SyCipLaw partner Marianne M. Miguel and SyCipLaw Associate Mary Grace L. Javier. The article discussed the Department Order No ...
Two recent high-profile cases involving popular songs have placed the spotlight on copyright issues. In the first of these, in California, a Los Angeles jury has decided that Led Zeppelin’s 1971 rock classic Stairway to Heaven did not infringe the copyright in a 1967 song called Spirit by the band Taurus. The case centred on the opening chord sequence in Stairway to Heaven, which the jury concluded was not “intrinsically similar” to the sequence in Spirit ...
A recent European trade mark decision highlights how risky it can be to simply register the word version of a trade mark that is used in a stylised form. The case also highlights an issue that may be worthwhile considering when creating a trade mark – simpler may be cheaper. The decision in question involved a European registration for the trade mark Aunt Bessie’s in ordinary script for a range of foodstuffs ...
