In its judgement delivered on 14th June 2023 in the names of Marco Aquilina & Euro Concrete Blocks Limited vs. Ir-Registratur tal-Kumpaniji, the Civil Court (Commerce Section), presided over by Mr. Justice Ian Spiteri Bailey, decided in favour of the plaintiffs, who successfully challenged the payment and settlement of various alleged administrative penalties imposed by the Registrar of Companies. The pertinent facts of the case are as follows ...
“Who steals my purse steals trash; ’tis something, nothing; ’twas mine, ’tis his, and has been slave to thousands; But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed ...
In the latest edition of our HR Improve series, we consider the steps employers can take to improve diversity, equity and inclusion within the workplace ...
A recent case has seen trustees apply for and obtain court approval for a trustee petition to wind-up the scheme's sponsoring employers. This is a relatively unusual case, but the trustees had reached a point where no other options were available to them ...
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In the aftermath of some highly-publicised social dumping cases in the media, the Flemish government has proposed a zero tolerance policy for bogus posting set-ups involving illegal employment, especially if they involve exploitation and “smart” contractor chain constructions. To achieve this aim, the Flemish government has adjusted some already existing chain liability schemes and is seeking to introduce, amongst other things, a duty of care obligation for certain contractors ...
On 9 August 2023, U.S. President Joe Biden signed the Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the "Executive Order"), to regulate U.S. persons engaged in transactions or investment activities in China (including mainland China, Hong Kong and Macau) that involve certain technologies and products. The U.S ...
The MFSA published a Circular on the 13th of July 2023 regarding a Public Statement issued by the European Securities and Markets Authority (hereinafter referred to as “ESMA”) outlining sustainability disclosure expectations in prospectuses. This was addressed to issuers and their advisory teams in the process of drawing up prospectuses ...
Hydrogen is seen by many as the fuel of the future, a substance that can provide heat through combustion, or electrical power from fuel cells, emitting only water in the process. Its potential usefulness, specifically its ability to replace fossil fuels without generating greenhouse gases, makes it the poster child for clean energy. There are various ways of producing hydrogen, but currently most of it is done in the most cost-efficient way, by steam reforming ...
We are deeply saddened at the passing of our dear friend and Patterson Belknap colleague, Robert M. Pennoyer, on August 13, 2023. He was a leader of the firm in every way, and he was indefatigable in his service to the firm’s clients and to our community. Bob was born on April 9, 1925, in the house of his grandfather J.P. Morgan on Madison Avenue. His commitment to service was instilled from a young age ...
For the second time in three years, amendments to the False Claims Act have been proposed in the U.S. Senate. If enacted, the amendments would create uncertainty for FCA defendants and expand the scope of the FCA’s anti-retaliation provision to cover post-employment retaliation. In late July, a group of senators proposed the False Claims Amendments Act of 2023.[1] Championed by Sen ...
Legal Property Due Diligence In a property transaction, whether that is buying, leasing, or financing, a legal property due diligence exercise may be required to assess the potential risk to a client before committing to the transaction. The potential for AI to be used to review and digest legal property DD documentation with speed and accuracy is clear ...
Current Regulatory Regimes Bermuda was one of the first jurisdictions to introduce sector specific laws and regulations relating to the issuance of ‘digital assets’ and the provision of ’digital asset business’ services. Bermuda's regime regulates the activities of issuers and services providers rather than the technology or digital assets themselves ...
The Financial Market Commission (Comisión para el Mercado Financiero or CMF) published on its website the document "Guidelines for a Law on Financial Conglomerates in Chile" in which, among other matters, analyzes the relevance of including financial conglomerates as part of the institutions under its supervision and proposes a legal framework ...
Anton Dzhuplin, Partner of ALRUD Corporate/M&A practice and Co-Head of Crisis Management, Economic sanctions and Compliance practice, was re-elected as Vice Chair for the Year In Review of the International M&A Joint Venture Committee of the American Bar Association International Law Section. Within the Committee, world leading experts specializing in M&A share best practices and update information in the international law, raising their professional expertise ...
Dinsmore partner of counsel Frank Mamat contributes columns and analysis about labor and employment topics for the Small Business Association of Michigan's newsletter and website. In this edition, Frank and Dinsmore attorney Erik Bradberry write about legislation proposed in Michigan that would change what defines an independent contractor ...
Stefanie Yuen Thio’s journey has been shaped by a modest Asian upbringing that instilled a strong sense of responsibility to contribute to society. “I want to make a difference, because I believe I have been tremendously blessed – having grown up in Singapore, having had the opportunities I have had, being able to apply my God-given skills. It’s my obligation to use all that experience and ability to do some good ...
Patterson Belknap Webb & Tyler is pleased to announce the publication of the latest edition of the New York Commercial Division Practice Guide. As with previous editions, the guide is organized into various chapters containing useful information about litigating in the Commercial Division of the New York State Supreme Court, the “premier forum” for litigating commercial cases ...
Partner Dr Christine Calleja secured her position on the Council of the Malta Chamber of Advocates in the election held earlier this week. The Council’s responsibility involves the management and operation of the chamber over the forthcoming three-year period, extending until 2026. The Malta Chamber of Advocates functions as the official body representing warranted advocates who have been admitted to practice at the Bar of Malta ...
Anton Dzhuplin, Partner of ALRUD Corporate / M&A practice, Co-Head of Crisis Management, Economic sanctions and Compliance practice, edited the “International M&A and Joint Ventures” part of the American Bar Association International Law Section annual publication “The Year In Review” ...
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On 15 June 2023, three groups namely the Centre for Progressive Policy (CPP), Pregnant Then Screwed (PTS) and Women in Data, published their collaborative report on the social and economic impact associated with extended paternity leave and pay. Currently in the UK, the statutory entitlement to paternity leave is capped at two weeks, with the weekly rate for paternity pay amounting to the lower of £172.48 per week or 90% of average weekly earnings ...
Blood donation plays a critical role in healthcare, and with the continuous increase of the Maltese population, staff blood donation is becoming all the more important. Malta relies heavily on blood donations to meet the needs of its healthcare system. While voluntary blood donation is always encouraged, staff blood donation can help spur those who would otherwise be hesitant about donating blood or who might even have never donated blood before ...
Many businesses rely upon restrictive covenants with their employees. These include noncompete agreements, nonsolicitation agreements and confidentiality agreements. These agreements are intended to ensure that the investment a business makes in its employees, its customer relationships and confidential information are adequately protected. Recently, multiple new rules have been proposed that could see many of these agreements ruled unlawful and unenforceable in the United States ...
