Re Coinomi - Reconsidering the remedies for unfair prejudice Whereas the position at first instance (Re Coinomi [2022] EWHC 3178 (Ch)) had determined that a shareholder could not claim damages in favour of the company when invoking the statutory unfair prejudice jurisdiction, the appeal (reported as Ntzegkoutanis v ...
The Supreme Court of the United States recently unanimously reversed the 2nd Circuit’s ruling on an employee asserting a retaliation claim under the Sarbanes-Oxley Act (“SOX”). Now, employees asserting a retaliation claim under SOX need to only show that their protected activity was a contributing factor in the adverse employment action. An employee does not have to prove that the employer had retaliatory or discriminatory intent to prove retaliation under SOX ...
The Government has published its response to the consultation on the new funding regime for occupational defined benefit (DB) pension schemes, as well as the draft Occupational Pension Schemes (Funding and Investment Strategy) Regulations 2024. The new regime aims to balance the security of members' benefits with the sustainability of sponsoring employers' businesses, and to encourage long-term planning and collaboration between trustees and employers ...
The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might enter into certain corporate relationships with a “highly qualified out-of-state institution ...
Carey Olsen advises Strategic Risk Solutions on acquisition of Robus Group Based in Guernsey and Gibraltar, Robus Group offers professional management services to captive insurers, open market insurers, reinsurers, insurance intermediaries, MGAs, ILS fund managers, and other corporate entities. The company supports these clients in achieving their risk management and strategic business goals ...
We all know how important advertising is in the business world. Traders use advertisements as marketing tools to inform customers and consumers about their products. With the rise of technology and social media, advertising is now taking diverse forms. Companies are increasingly turning to a more powerful tool, the ‘influencer’, to advertise their products. This phenomenon is also evident locally ...
Carey Olsen advises Align Partners Capital Management on formation of latest fund The Fund is sub-managed by Seoul-based Align Partners Capital Management, Inc. ("APCM"), an activist fund manager renowned for applying a bottom-up, long term “Private Equity Approach to Korean Public Equity Markets” investment strategy focused on listed Korean equities ...
By: Leah Lively and Alexandra Shulman The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things, the rounding is conducted in a neutral manner and, if any favor is shown, it benefits the employee. For example, using rounding, if an associate clocked in any time from 7:53 a.m. to 8:07 a.m ...
Shoosmiths' Natalie Aldread explores two recent cases and their implications for break options and the renewal of a business tenancy under the Landlord and Tenant Act 1954 It is often assumed that where renewal of a business tenancy under the Landlord and Tenant Act 1954 has not been opposed, the bar is reasonably low to include a landlord’s break option in the new lease. Two recent cases do, however, indicate that this is not always the case ...
A core aim of the Building Safety Act 2022 (BSA) is to ensure the real estate industry - rather than leaseholders or the taxpayer - meets building safety expenditure. One way this is to be achieved is by introducing the Building Safety Levy under s.58 of the BSA. The government has now moved one step closer to the implementation of the levy with the recent publication of a consultation outcome and the publication of a third consultation - closing on 20 February 2024 ...
In this follow up article we will explore how the crypto sphere has advanced since the previous article, revisit some of the predictions we made and identify key legal updates in the crypto market and what those updates mean for the insolvency world ...
Shoosmiths' real estate experts explore commonly encountered issues and also tips and traps for providing and receiving replies to Commercial Property Standard Enquiries. Replies to Commercial Property Standard Enquiries (“CPSEs”) are designed to provide practical information about the property to assist buyers and tenants with their due diligence ...
The use of cryptocurrency or crypto assets in employee incentive arrangements is a relatively new and evolving area and it is therefore important to carefully consider the potential advantages and disadvantages of their use in incentive arrangements. Different types of crypto assets Crypto assets can take many forms including digital currency such as Bitcoin and Litecoin and NFTs (non-fungible tokens) such as art NFTs and collectible real estate NFTs ...
In another step forwards for consumer protection regulation, the UK’s Department for Business and Trade has confirmed further amendments to the Digital Markets, Competition and Consumers Bill to tackle deceptive trading practices in the digital realm. Following a comprehensive consultation into consumer transparency, the proposed laws will target ‘drip pricing’ by banning unavoidable hidden charges and make fake reviews illegal ...
The year 2023 was marked by the further strengthening of control over transactions involving the sale of Russian assets owned by “unfriendly” foreign entities, as well as over Russian strategic companies. As for antimonopoly regulation, after several years of discussions and revisions, the fifth antimonopoly package was adopted, and a number of precedent-setting cases were considered. Please see below for more details about the key developments and highlights of 2023. 1 ...
Before delving into the topic, let?s begin with a definition. Official marks are statutory instruments specific to Canadian practice. They are not trademarks per se, but are treated similarly, because they are adopted and used by a limited group of organizations including universities, Canadian public authorities and Her Majesty?s Forces.1 In this article, we will be focusing on Canadian public authorities ...
The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals. The issue came to the Texas Supreme Court on a certified question from the 5th Circuit and considers the practical effect of the Texas Legislature’s 2017 amendments to the Texas Prompt Payment of Claims Act, Chapter 542, Insurance Code ...
Strengthened collaboration between BVI and PRC: a precedent of enforcing a PRC arbitral award Background In Window of Trade, the Claimant applied to the BVI Court to enforce the Award in favour of the Claimant. The Award required the Second Defendant to return 100% of the equity in the First Defendant, a BVI company, to the Claimant and to assist the Claimant in restoring its name to the register of members of the First Defendant. The Second Defendant opposed the enforcement of the Award ...
The recent publication of the 2024 UK Corporate Governance Code introduces several targeted changes in a move to build on the transparency and accountability requirements for corporate practices brought in by the current version of the Code ...
Last week, Shoosmiths hosted an event with leading industry body, techUK, labelled ‘Redefining web 3.0: Emerging economies, metaverse technologies and the new age of the internet’. During this event we heard directly from representatives from the sector, who delve into the business potential created by the merging of web 3.0 and Metaverse technologies ...
In the latest contribution to the debate on the UK's approach to AI regulation, the Lords Communications and Digital Committee has published a report urging the government to adopt a 'more positive' vision for AI, rather than concentrating on its "far-off and improbable" risks ...
In the third instalment of our series, we consider the practical elements of the ‘workcation’ concept. As we have seen, working elsewhere may seem like an attractive proposition to employees. They will undoubtedly be keen to take advantage of the opportunity to save precious annual leave entitlement, but it is important an employer sets some ground rules ...
