There’s a common quip in Washington that federal employees leaving their jobs to work in the private sector are “going to the Dark Side.” However, what is not so funny for federal contractors and former executive branch employees is when the application process for — or the performance of work at — the new job runs afoul of ethics laws and regulations. For example, Oracle America Inc ...
The Insolvency Practitioners Bill (‘the Bill’) is at its second reading in Parliament. The Bill is intended to partially transpose EU Directive 2019/1023 (‘the Directive’) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt ...
In a circular dated the 15th of November 2022, the Malta Financial Services Authority (“MFSA”) confirmed that electronic signatures which are done with a ‘qualified electronic signature’ shall be accepted by the MFSA ...
Kudun and Partners, Thailand Arbitration Center (THAC) and MDD Forensic Accountants hosted a panel discussion on “Successful startups – how to avoid common pitfalls and manage disputes in Thailand”. The panel was moderated by Emi Rowse Igusa, partner and Head of Japan Practice at Kudun and Partners, and included Kongkoch Yongsavasdikul, Partner and Co-head of the Startup practice at Kudun and Partners ...
The UK Visas and Immigration (UKVI) guidance for sponsors was updated on 9 November 2022 with some helpful clarifications. In part 1, we detail the changes at the early stages of sponsorship. 1. Clarification of Immigration Skills Charge (ISC) exemption It is important that when assigning an Undefined Certificate of Sponsorship (“CoS”), you select the correct option with regards to the category of application so that the ISC can be paid if required ...
In the first part of our summary of the recent changes to the sponsor guidance, we looked at the changes relating to the early parts of sponsorship. In this part, we look at the remaining changes, including changes to salary levels and NMC registration for nurses. 1 ...
Just as the world started to show signs of recovery from the pandemic and there was a glimpse of a promising economic boom, Russia invaded Ukraine. The wide-reaching effect of the war on society and business has meant that many of the challenges faced by the economy are real and the risks previously believed to be of low importance have been or will be actualized ...
How can investors, developers and the public sector find value in an ever-changing environment? This was the big central question forming the basis for EG’s recent Scottish Cities Live event, of which Shoosmiths was a sponsor ...
Generally, an “accord and satisfaction” is an agreement between two or more contracting parties to accept an alternate agreement and performance in lieu of a preexisting contractual duty between the parties. The new agreement is the “accord,” and the subsequent performance of the new agreement is the “satisfaction ...
Dear valued clients, colleagues and friends, The Firm successfully defended the prominent e-commerce platform operator, Shopee Mobile Malaysia Sdn Bhd, in a suit filed by A & M Beauty Wellness Sdn Bhd after a full trial on matters pertaining to trademark infringement, unlawful interference of trade and obligation to disclose users’ data. Click here to read more ...
The Firm acted for a corporate licensed Moneylender in an appeal against the High Court decision in Summerhay Development Sdn Bhd v Ivory Ascent Sdn Bhd (2020 1 LNS 1491 and 2020 MLJU 1549) and was successful in overturning the High Court decision in J-02(NCvC)(A)-1095-08/2020. The Court of Appeal’s decision was subsequently affirmed by the Federal Court and the borrower’s motion for leave to appeal was dismissed by the Federal Court (08(f)-415-09/2021(J)) ...
To raise sustainability practices and disclosures of listed issuers, Bursa Malaysia Securities Berhad has enhanced the sustainability reporting requirements in the Main Market Listing Requirements and the ACE Market Listing Requirements which was announced on 26 September 2022. Click here to read more. Feel free to contact our partner Lai Zhen Pik or associate Ng Kar Mun for any questions about this article or Corporate/M&A matters ...
Employers subject to the personalized rate or retrospective rate regime know how important it is to control the costs related to occupational injury cases in order to limit the impact on their annual premiums. One way to attain this objective is to apply for a transfer of costs under section 326 of the Act Respecting Industrial Accidents and Occupational Diseases ...
In Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association1 (the ?SOCAN Decision?), the Supreme Court of Canada ruled on the obligation to pay a royalty for making a work available to the public on a server, where it can later be streamed or downloaded ...
The agreement on a new EU-U.S. data privacy framework between EU Commission President Ursula Von Der Leyen and U.S. President Joe Biden had already been announced on 25 March 2022 (for background, please refer to our previous article The EU-US Privacy Shield: Third Time’s a Charm? – Mamo TCV) ...
Environmental, social and governance (ESG) reporting is a major and evolving regulatory area in Europe. Disclosures play a crucial role in helping the financial sector address climate change and sustainability. They are also being used to address issues such as poor workplace diversity and gender pay gaps. Several jurisdictions have introduced or plan to introduce measures dealing with ESG risks in supply chains ...
Background On November 23, 2022, the President of the Chilean Republic submitted to the National Congress a bill amending the Mining Code, Law No. 21,420 and other legal provisions related to the mining sector (the "Bill"). Its purpose is to address and resolve the inconsistencies and gaps contained in Law No. 21,420, as well as to adjust and improve several provisions of the Mining Code, the Constitutional Organic Law on Mining Concessions and Decree Law No ...
As we discussed in prior updates, on July 13, 2022, Christian Bruckner filed a lawsuit in the federal district court in Tampa, Florida, seeking to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around $37 billion) of transportation funding for “small business concerns” owned and controlled by “socially and economically disadvantaged individuals ...
On October 28, 2022, the Department of Defense’s amendments to FAR 52.212-3 and FAR 52.219-1 became effective. These changes amended the Federal Acquisition Regulations to be in line with prior changes by the SBA to its mentor-protégé program, and recognize that a mentor-protégé joint venture qualifies for a socioeconomic program (8(a), HUBZone, WOSB, etc.) if one of the parties to the joint venture meets the associated requirements of the socioeconomic program ...
Given the ubiquitous nature of end-user license agreements, terms of service, and similar agreements for websites and other software,[1] it is unsurprising that a company has filed a Petition for Certiorari with the Supreme Court this term (in Genius v. Google) asking the Court to consider the extent to which the Copyright Act preempts private contracts involving a promise not to copy digital content ...
On November 21, 2022, the Financial Market Commission (the "CMF") published the General Rule No. 489 (“Rule 489”) complementing the provisions of Chapter III. H ...
Congratulations! You won your case in court and all the expense and hard work of the past few months, or years (not to mention the broken business relationships and sleepless nights along the way) might just have been worth it to experience this moment of jubilation ...
