The U.S. Court of Appeals for the Second Circuit on March 13 issued a highly consequential decision in U.S. Securities andExchange Commission v. Rashid, interpreting and applying the mental state for liability of investment advisers under the Investment Advisers Act. Over a strong dissent, the court reversed a finding of liability of the defendant investment adviser under basic principles of negligence law, and in doing so, provided a road map for future enforcement actions under the act ...
From 1 April 2024, an employer establishing the termination of an employment contract for ‘medical force majeure’ will have to notify a new‘Back to Work Fund’ (Fund) set up within the National Institute for Sickness and Disability Insurance (RIZIV/INAMI)and pay a contribution of EUR 1,800 to this Fund. The incapacitated ex-employee can then call upon the Fund to receive a ‘voucher’ for specialised and customised services (e.g ...
Last week, a trial court in Buffalo ruled that a group of personal injury plaintiffs’ strict liability claims against a who’s-who of social media companies, arising out of the tragic 2022 Tops Friendly Markets mass shooting, could proceed to discovery, rejecting the argument that Section 230 of the Communications Decency Act barred such claims from the get-go. Patterson, Diona Et Al v. Meta Platforms, Et Al, 0805896/2023 (NYSCEF Doc No. 409) ...
Artificial intelligence (?AI?) is becoming increasingly sophisticated, and the fact that this human invention can now generate its own inventions opens the door to new ways of conceptualizing the notion of ?inventor? in patent law. In a recent ruling, the Supreme Court of the United Kingdom (?UK Supreme Court?) however found that an artificial intelligence system cannot be the author of an invention within the meaning of the applicable regulations under which patents are granted ...
In its traditional form, the advice of counsel defense can validate conduct that might otherwise be considered criminal. But invocation carries a steep cost: The defendant must waive his privilege with the lawyer who gave the advice in question. An additional prerequisite complicates utilization: The defendant must demonstrate good faith reliance on the advice he sought and received ...
Carey Olsen advises Inflexion on closing of latest fund at £1.75 billion The Fund, which is the largest dedicated minority fund in Europe, has attracted existing and new investors from across the world, including from Asia, Europe, the Middle East, as well as the US, and includes public and corporate pension plans, sovereign wealth funds, insurance companies, asset managers and family offices ...
March 25, 2024 By: Daniel C. Silva and Ross Garrett In March 2024, the Northern District of Alabama held that Congress exceeded its Constitutional authority by enacting the Corporate Transparency Act (“CTA”). The CTA requires variety corporate entities—everything from LLCs to trusts—to disclose beneficial ownership information to the U.S. Treasury Department ...
U.S. Bankruptcy Judge Jacqueline P. Cox recently found that three Illinois attorneys violated their ethical obligations by failing to return their client's phone calls. She ordered the attorneys to return roughly half of their already-court-approved, and paid, flat fee. In In re: Molnar in the U.S. Bankruptcy Court for the Northern District of Illinois in February, the debtor filed a petition under Chapter 13 ...
The Cyberspace Administration of China (CAC) issued theProvisions on Regulating and Promoting Cross-Border Data Flows (Draft for Comments)(《规范和促进数据跨境流动规定（征求意见稿）》)on September 28, 2023 seeking public comments, which garnered significant attention. Yesterday (March 22, 2024), the CAC issued the official version of theProvisions on Promoting and Regulating Cross-Border Data Flows(《规范和促进数据跨境流动规定》)(the "Official Provisions"), which came into effect immediately upon publication ...
Carey Olsen named Offshore Law Firm of the Year at the WealthBriefing European Awards Independently evaluated by expert panels, these awards celebrate outstanding achievements in the wealth management sector within Europe. The awards encompass various categories, highlighting excellence among individuals, teams, products, and services catering to wealth managers, clients, and institutions of diverse sizes and types ...
British Virgin Islands Economic Substance - frequently asked questions Who has to comply with the Substance Legislation? All companies and limited partnerships that are registered or incorporated in the British Virgin Islands (“Entities”) must comply with the Substance Legislation. The Substance Legislation does not apply to trusts or general partnerships ...
Another year, another mandate for California employers. By July 1, 2024, nearly all employers in the Golden State must have in place a workplace violence prevention plan. While the compliance deadline may be three months away, employers need to immediately take action to ensure completion and training by July 1. According to the Occupational Safety and Health Administration (OSHA), workplace violence is the second leading cause of fatal occupational injuries in the U.S ...
The Government have now published the Statement of Changes to the Immigration Rules which confirm the changes being made to the Skilled Worker route as part of the ‘five-point plan’ to reduce net migration. We summarise the main points for employers to take note of ahead of the changes taking effect on 4 April ...
The conference, hosted by the International Bar Association, which took place in Barcelona earlier this month, looked at insights into the most important issues and developments in tech Mergers and Acquisitions (M&A) and technology law. Corporate partners Aleks Bosch and Steve Barnett attended the conference, which is one of the largest and most prestigious networking events for international lawyers, attracting over 400 delegates ...
Significant increases to U.S. Citizenship and Immigration Services (“USCIS”) filing fees are set to go into effect on April 1, 2024. However, a lawsuit filed in U.S. District Court for the District of Colorado may delay that implementation ...
British Virgin Islands investment funds update Q1 2024 BVI Financial Services Commission statistics – Q3 2023 The BVI Financial Services Commission ("FSC") has published its Statistical Bulletin for the third quarter of 2023. The FSC’s Statistical Bulletin is one mechanism by which the FSC communicates the progress made within several different sectors of the Financial Services industry, including Investment Business ...
Guernsey investment funds update Q1 2024 Guernsey funds up Q4 2023 The total net asset value of Guernsey funds at the end of Q4 2023 was c. US$368.2 billion, an increase of c. US$3.6 billion (+1.0%) over the quarter. Guernsey closed-ended funds increased over the quarter by just under c. US$3.1 billion (+1.0%) to c. US$305.2 billion. The Guernsey-domiciled open-ended sector increased over the quarter by just under c. US$638 million (+1.0%) to c. US$63 billion ...
On January 1, 2024, regulations implementing the Corporate Transparency Act (“CTA”) became effective, triggering new reporting obligations for many entities conducting business within the United States ...
New Jersey Sen. Robert Menendez (D), his wife, Nadine, and two businessmen are scheduled to face trial on bribery charges on May 6. They’ll become the latest example where the dual intent, or mixed motive, concept turns the reasonable doubt standard on its head by essentially requiring defendants to prove their innocence ...
Heather Venture Holdings Ltd and Tapir Holdings Ltd list on Bermuda Stock Exchange The Companies are entities incorporated in the British Virgin Islands and have received the BSX's approval for the listing of 44,502,264 ordinary shares respectively ("Listing Shares"). The Listings have been made as part of a wider transaction, which involved the declaration of a dividend in specie by Impellam Group plc, with such dividend in specie being the Listing Shares ...
