The Transparency Act requires that enterprises covered by the Act shall carry out and account for due diligence assessments in accordance with Section 4 and Section 5 and answer specific requests for information pursuant to Section 6 and Section 7 ...
The Renewed Proposal On Oct. 14, 2021, SEC Chairman Gary Gensler released a statement announcing the SEC would once more open comment on the Dodd-Frank Act rule regarding clawbacks of incentive-based compensation that had been improperly awarded due to since-corrected accounting errors. Should a company not comply or refuse to institute a compensation recovery policy, the SEC proposal goes so far as to threaten delisting ...
Author(s) Senior Partner, Nishant Menon and Associate, Nikhil Bhatia The Supreme Court of India on 6th August 2021 in Amazon.com NV Investment Holdings LLC v Future Retail Limited & Others handed down a seminal decision in relation to enforcement of an Emergency Arbitrator’s (“EA”) award. The ruling has great significance as it furthers India’s mission of being a pro-arbitration State where there is greater ease of doing business ...
In our previous article, we reported that the court had refused to frustrate a tenancy agreement due to the COVID-19 pandemic and social disruption: The Center (76) Limited v Victory Serviced Office (HK) Limited HCA 1020/2020; [2020] HKCFI 2881. In this article, we will discuss several recent decisions on the same subject. The tenants’ arguments in all of these cases, that their payment obligations were discharged/suspended during the COVID-19 pandemic, failed ...
Whether you are a property professional or otherwise, you would have had to have lived in a hole to have missed the EWS1 saga. In the four years following the tragic Grenfell disaster, the industry and the government have been grappling with how to deal with a generation of potentially defective tall buildings ...
Re Piedmont Trust and the Riviera Trust [2021] JRC 248 (Royal Court of Jersey, Commissioner Birt, Jurats Ramsden and Olsen, 5 October 2021) The Court held that the protector will usually be entitled and required to form his or her own judgment on a trustee’s decision and whether to consent to it or veto it, rather than simply review whether the trustee’s decision has been reached properly ...
October 19, 2021 By: John Epperson EPA released its plan for actions to address PFAS contamination on October 18, 2021. This is an aggressive and wide-sweeping plan that reaches across multiple statutory authorities. Much of the Roadmap will require regulatory rulemaking to implement, providing the regulated community an opportunity to get involved and shape the final rules ...
Ryen Godwin, Environmental and Natural Resources Lawyer for Schwabe, Williamson & Wyatt, kicked things off and provided closing commentary on the discussion at the end of the event ...
On 14 September 2021, the Thai cabinet passed a resolution (“Cabinet Resolution”) proposed by the Centre for Economic Situation Administration (“CESA”) to incentivize foreign investment in Thailand through the issuance of new visa, tax, and foreign land ownership incentives. The CESA particularly aims to attract high net worth foreign nationals, who wish to invest in land and buildings, and who can meet these minimum qualifications: 1 ...
The Tenant Farming Commissioner’s Code of Practice on the Conduct of Rent Reviews contains a useful summary of the law applicable to rent reviews and provides recommended steps for the conduct of the rent review itself. If the rent can’t be agreed by simple discussion or exchange of letters then the Code of Practice sets out a timetable that the parties should follow unless both parties have agreed otherwise ...
Energy drink giant Red Bull recently received some negative press for issuing a cease and desist letter to Norwich-based gin maker Bullards for the use of the word ‘bull’ in its brand name. The case is a useful reminder that brand owners should make sure that their brand protection strategy reflects the organisation’s wider brand values ...
The Technology and Construction Court (TCC) in Quadro Services Ltd v Creagh Concrete Products Ltd [2021] EWHC 2637 (TCC) held that a claim referred to adjudication with three separate payment applications was still considered a single dispute for the purposes of adjudication. The adjudicator therefore did have jurisdiction to consider all three payment applications to determine the sum due, and the adjudicator’s decision was enforced ...
Where a legacy under a will is left to a party that does not appear to exist, or at least cannot be identified, this can intensify what is an already traumatic experience for the deceased’s loved ones. When this happens, who should receive the legacy? In the recent petition by Vindex Trustees Limited [2021] CSIH 46, the Inner House of the Court of Session declined to provide directions on this question ...
In Blu-Sky Solutions Ltd v Be Caring Ltd [2021] EWHC 2619 (Comm) the High Court in England held that a supplier's standard terms and conditions ("T&Cs") are incorporated into a contract by reference if the contract provides that, upon signing the contract, the customer accepts that it has reviewed and agreed to the relevant T&Cs ...
Dear valued clients, colleagues and friends, We are pleased to bring you the September 2021 issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you. In this issue’s Front Page Focus, Caitlin Tan Hui Yi, associate from our Dispute Resolution Practice Group, discusses the disqualification of solicitors in the Court of Appeal case of Dato’ Azizan bin Abdul Rahman v Pinerains Sdn Bhd ...
Dear valued clients, colleagues and friends,We are pleased to bring you the latest legal updates for October 2021.Employment & Administrative LawDeed of Settlement, Termination and Release Upheld as Cessation of Employment by Mutual AgreementIn the recent case of Christopher Dass a/l Muniandy @ Mathew v Clasquin (Malaysia) Sdn Bhd dated 3 August 2021 (Award No ...
Mobility Workx, LLC v. Unified Patents, LLC, Appeal No. 2020-1441 (Fed. Cir. Oct. 13, 2021) In this week’s Case of the Week, a panel of the Court of Appeals for the Federal Circuit considered, and rejected, new constitutional challenges to the structure and funding of the Patent Trial and Appeal Board (the “Board”). Judge Newman concurred with the majority that the Board’s decision should be remanded for Director approval under United States v. Arthrex, Inc ...
Led by Legal Director of Immigration, Rachel Harvey and Employment Partner, Emma Morgan, this webinar provided an insight into how best to remain compliant with Employment and Immigration requirements. Guidelines in this area are frequently subject to change and it is therefore crucial that employers remain aware of the rules and their potential wider implications ...
Background: Article 10 of the Convention on Supplementary Compensation for Nuclear Damage (“CSC”) (which India ratified in 2016) allows ratifying states, through domestic legislation, to provide that in the even of a nuclear incident, the operator shall have a right of recourse against the supplier only if: (a) it is expressly provided for by a written contract; or (b) if the nuclear incident results from an act or omission done with intent to cause damage, against the indiv
In our Client Alert dated 26 March 2021, we reported that the Government had released a draft Technical Circular on the implementation of the spirit of Security of Payment Legislation (SOPL) in public works contracts. The draft Circular was provided to stakeholders to comment and the Circular aimed at implementing certain measures of SOPL on public works contracts, term contracts and related subcontracts tendered after July/August 2021 ...
[!<CDATA[ I have worked at two law firms and participated in dozens of interviews at both with associate candidates. Whether you are interviewing in person or remotely, there are questions for which you should always be prepared. In addition, there is information you should be ready to provide even if you are not asked for it directly. The following are the five things that I believe every law student should know before interviewing with a law firm. 1 ...
The Supreme Court of Canada has previously addressed this issue in Evans v. Teamsters Local Union No. 31 1 and concluded that, in certain circumstances, when an employer offers a new position to a dismissed employee, the latter may have to accept it in order to mitigate their losses. A few years later, in 2108805 Ontario inc. vs ...
