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Shoosmiths LLP | May 2023

For those experiencing infertility, the impact on their mental and emotional well-being can be extremely detrimental. This week is Mental Health Awareness Week and we consider what employers can do to provide additional support. Recent years have seen an increased focus on mental health and well-being within the workplace - particularly following the COVID-19 pandemic ...

Shoosmiths LLP | May 2023

The Digital Markets, Competition and Consumers Bill ('Bill') has now landed.  Its aim is to protect against consumer harms that have materialised following the digital transformation of how we buy goods, services and digital content. What does this mean for consumer protection law? Subscriptions  Why? The Competition and Markets Authority (‘CMA’) estimates that consumers spend £1.6 billion a year on subscriptions they do not want [1] ...

Shoosmiths LLP | May 2023

After just over a week of waiting, the Government yesterday confirmed that the plan to throw some 4,800 pieces of Retained EU Legislation (“REUL”) onto the bonfire at the end of this year has now been scaled back. Instead we will only lose in the region of 500-600 pieces of legislation, with all remaining REUL becoming English Law ...

By imposing the obligations, the regulation aims to end unfair practices and conduct which is harmful to competition and end users by the companies acting as gatekeepers in the online platform economy. Under the DMA, a firm will be considered as a designated gatekeeper if three criteria are met. First, the company must have a significant impact on the European market which is determined by the company’s turnover ...

Carey Olsen | May 2023

Corporate flexibility Jersey’s corporate law regime is modern and flexible, providing a wide range of structuring options that can be tailored to the specific needs of the business. This flexibility is particularly useful for companies looking to list in the U.S., as Jersey companies can look and feel very similar to Delaware corporations where that is desirable. Direct listing Jersey companies can list securities in the U.S ...

Asters | May 2023

On February 23, 2023, the Parliament adopted a new  Law of Ukraine "On Collective Agreements and Contracts"  (hereinafter - the " Law" ). Most of the provisions of the Law enter into force 6 months after the termination or cancellation of martial law, but we can understand what new this act offers now ...

ENS | May 2023

“If climate change is a shark, then water is its teeth”. This quote from James P. Bruce, a Canadian hydrogeologist, has never seemed more relevant to the South African context than today in light of recent extreme flooding and drought events. A warmer atmosphere holds more water vapour and when that water is released it can have devastating effects, as parts of Kwa-Zulu Natal experienced in 2022 ...

Shoosmiths LLP | May 2023

The Home Office recently updated the ‘reporting duties’ section of its guidance for sponsor licence holders. In particular, the Home Office has added new detail to the ‘change of work location’ section and clarified (to some extent) when a report needs to be made where a sponsored worker undertakes their work either remotely or through a hybrid working pattern ...

Carey Olsen | May 2023

Applicability of English case law and practice The relevant provisions of the Jersey companies law are based on the UK Companies Act 1985, and are similar to the equivalent provisions in the UK Companies Act 2006 ...

Carey | May 2023

On May 2, 2023, by means of Resolution 410 ("Res. 410/2023") the Ministry of the Environment ("MMA") issued a request for information to the producers of priority products, within the framework of Law No. 20,920 ("EPR Law"). The information requested by Res. Ex ...

Buchalter | May 2023

By: Neusha Etemad and Anne Marie Ellis CDA Background Section 230 of the Communications Decency Act (CDA) was enacted in 1996 to provide websites with immunity from liability arising from posting third-party content. For a service provider to be immune, however, the information at issue must be “provided by another information content provider ...

The Securities and Exchange Commission (SEC) has extended the deadline for applications for amnesty for late and non-filing of annual financial statements (AFS), general information sheets (GIS), as well as non-compliance with SEC Memorandum Circular No. 28, series of 2020 (Requirement for Corporations, Partnerships, Associations, and Individuals to Create and/or Designate E-mail Account Address and Cellphone Number for Transactions with the Commission) (MC28) ...

The SEC Division of Examinations (“Examinations”) issued a Risk Alert on April 26, 2023 to highlight the importance of establishing written policies and procedures for safeguarding customer records and information at branch offices.  Examinations provides that a branch office includes any location other than a firm’s main office, including offices of any independent contractors through which a firm may offer investment products and services ...

Shoosmiths LLP | May 2023

Recently published government guidance on reporting ethnicity pay data will assist those employers who voluntarily choose to report their data. We highlight the key messages from the guidance and the challenges employers need to address when reporting. It is a statutory requirement for employers with 250 or more employees to measure and report gender pay gaps ...

Shoosmiths LLP | May 2023

The new framework for assessing non-domestic property rateable values has been set out under the draft Non-Domestic Rating Bill, introduced to Parliament on 23 March 2023 – but only likely to take effect on or after 1 April 2024. As business rates policy is fully devolved, not all of these measures will apply in Wales. The more regular revaluations should keep rateable values closer to market reality ...

Shoosmiths LLP | May 2023

Employee Ownership Trusts (EOTs) are increasing in popularity with many entrepreneurs and business owners now looking at this alternative structure of exit. EOTs were introduced through the Finance Act of 2014 to encourage founders and other shareholders to pass ownership of their company on for the benefit of its employees. The John Lewis Partnership, a long-established brand, is well recognised for employee engagement, however EOTs were relatively slow to take off in the UK ...

Shoosmiths LLP | May 2023

We highlight the most significant employment law cases since January 2023 and the lessons that employers should take from them. Without prejudice correspondence It is common for employers to use ‘without prejudice’ correspondence when negotiating with an employee on the termination of their employment ...

Shoosmiths LLP | May 2023

The UK government has proposed legislation (Digital Markets, Competition and Consumers Bill - Parliamentary Bills - UK Parliament) that would materially affect merger control for transactions. This comment addresses the proposed changes that would be of concern to those engaged in mergers affecting local markets ...

Mamo TCV Advocates | May 2023

  The European Commission has confirmed that it has started dawn raids at the premises of companies operating in the fashion industry in several Member States. Officers from national competition authorities accompanied Commission officials at these inspections. The Commission has also sent out formal requests for information to such companies ...

Beccar Varela | April 2023

Report of the Department of Environmental Law and Climate Change  The human right to a clean, healthy and sustainable environment A/HRC/52/L.7 (un.org) The Human Rights Council of the United Nations General Assembly, at its 52nd session held between February 27 and April 4, 2023, through this document, urged States to: to ...

Carey | April 2023

On April 24, 2023, the Chamber of Representatives received bulletin No. 15864-13, containing the bill that proposes the adjustment of the minimum monthly income (i.e. minimum salary), which immediately passed to the Labor and Social Security and the Finance Committees of said Chamber. Currently, the bill of law has an urgency status for immediate discussion ...

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