Whilst the impact of the upcoming general election remains to be seen, the Government has recently proposed scrapping the Commercial Agents Regulations for new agency arrangements. Background The Commercial Agents (Council Directive) Regulations 1993 (CAR) implement the Commercial Agents Directive (86/653/EEC) (Directive) ...
Shoosmiths’ FinTech partner, Luke Stubbs, was a speaker at the recent FinTech Week London Conference, participating in a panel discussion focused on international payments. FinTech Week London reflects the City's role as a FinTech hub and comprises a week of events culminating in a major conference, which Shoosmiths was proud to sponsor ...
On August 1st, 2024, Law No.21,643 which amends the Labor Code regarding the prevention, investigation and sanctioning of labor, sexual harassment and workplace violence (the “Law”), will enter into force. General Ruling No.3813 (“General Ruling”), issued by the Superintendence of Social Security ("SUSESO") on June 7th, 2024, provides technical assistance in all matters covered by the new Article 211-A of the Labor Code ...
On August 1st, Law No.21,643, which amends the Labor Code regarding the prevention, investigation and sanctioning of labor, sexual harassment and workplace violence (the “Law”), will enter into force. In this context, on June 7th, 2024, the Labor Board issued ruling No. 362/19, which establishes the meaning and scope of the amendments introduced by the Law (the “Ruling”). The most relevant aspects of the Ruling are the following: 1 ...
International Comparative Legal Guides Lending and Secured Finance 2024 - Jersey Contents Overview Guarantees Collateral Security Financial Assistance Syndicated Lending/Agency/Trustee/Transfers Withholding, Stamp and Other Taxes; Notarial and Other Costs Judicial Enforcement Bankruptcy Proceedings Jurisdictions and Waiver of Immunity Licensing LIBOR Replacement ESG Trends Other Matters 1. Overview 1 ...
June 14, 2024 By: Tricia A. Pham and Alexandra M. Shulman On Thursday, June 13, 2024, in Starbucks Corp. v. M. Kathleen McKinney, Case No. 23-367, the U.S. Supreme Court ruled that district courts must apply a strict, four-factor test when adjudicating requests for preliminary injunctions brought by the NLRB against the employers it charges with unfair labor practices ...
As a young lawyer, you might be struggling to believe that you can make a difference and to figure out how to do so. You might also be wondering how to gain the courtroom experience seemingly necessary to build a legal practice. If either of these is true, consider how pro bono litigation has impacted our legal system and could impact your career. Even if you read no further, take this advice: volunteer for pro bono cases. In Gideon v. Wainwright, 372 U.S ...
A new set of regulations regulating the grant of a temporary emphyteutical concession to the emphyteuta, tenant or operator of Government-owned commercial property came into force on 4th June 2024 in virtue of Legal Notice 131 of 2024 (the “Regulations”) ...
At a time when Canada and many other countries are taking steps to protect users from harm online,1 a decision was handed down by the Supreme Court of British Columbia (the ?Court?) on January 15, 2024, regarding the conduct of a competitor with respect to complaints about intellectual property infringement made on Amazon?s e-commerce website ...
In a unanimous decision today, the Supreme Court rejected efforts to limit access to the abortion pill mifepristone, overturning an earlier decision by the 5th Circuit Court of Appeals. The Supreme Court ruled that the physicians and medical associations who brought the case did not have the right to challenge the FDA's regulation of the drug. To have standing, plaintiffs must show they have a “personal stake” in the case ...
Environmental, Social, and Governance (ESG) principles have emerged as a crucial framework for assessing the sustainability and societal impact of businesses ...
Carey Olsen advises Patron Capital on its latest European real estate fund This is the third Patron Capital fund domiciled in Jersey under the island's well-established Expert Fund regime. Fund VII will continue the to employ Patron Capital's opportunistic investment strategy which focuses primarily on distressed and/or undervalued property and property related investments, mostly in Western Europe, and has a welcome ESG focus ...
Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner. What matters? Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner ...
In April 2024, the FCA issued practical steps and finalised guidance on the Anti-Greenwashing rule, effective from 31 May 2024, ushering forth the FCA's regulatory priority accorded to ESG and sustainability. On 28 November 2023, the UK Financial Conduct Authority (“FCA”) published consultation paper, GC23/3, (the “CP”) outlining its proposed guidance on the Anti-Greenwashing rule (ESG 4.3.1R, the “Rule”) ...
A recent Supreme Court decision means that owners of closely held companies with company-owned life insurance policies should take extra precautions to avoid an unexpectedly large estate tax bill from the IRS. On June 6, 2024, the Supreme Court of the United States decided in Connelly v ...
A financial institution recently learned what happens when it does not include language in an arbitration agreement to permit a customer to opt out of the arbitration clause. A U.S. district court denied a motion to compel arbitration based on the flawed provision, concluding that it was unenforceable because the bank failed to give the customer an opportunity to opt-out ...
Carey Olsen shortlisted for Offshore Law Firm of the Year award by eprivateclient This latest recognition adds to Carey Olsen's impressive track record, including winning Offshore Law Firm of the Year at the WealthBriefing European Awards and having 11 lawyers named amongst the top private client advisors by Private Client Global Elite ...
Employees have a statutory right not to suffer discrimination in the workplace and it is essential that employers, and those responsible for managing the workforce, fully understand the legal provisions and the potential consequences of failing to comply. Sexual orientation is one of nine characteristics that are protected by discrimination legislation ...
In the final part of our mini-series in dealing with DSARs, we look at the process of redacting when responding to a DSAR, and in particular, what information should be provided to an employee who has submitted a DSAR. Employees are increasingly seeking to raise DSARs within an employment context and in particular ahead of instigating legal proceedings. Responding to a DSAR can be a challenging, costly, and often time-consuming process ...
Between April 2022 and March 2023, 15,848 complaints were submitted to the ICO in respect of DSARs. This article follows our previous discussion on how employers can remain compliant with the ICO’s guidance on DSARs and how employers should respond to DSARs ...
The current Temporary Agency Workers Regulations (S.L. 452.106) regulate temporary agency workers, transposing Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work into Maltese law. This legislation is meant to ensure equality of treatment between temporary agency workers and employees of the user undertaking (the entity for which the temporary agency workers would be providing their services) ...
Carey Olsen and Alter Domus advise Corten Capital on new €680 million fund The successful completion of this fundraising will allow Corten to work towards its strategy to partner with talented management teams to build market leading business software, services and data companies across Europe and North America ...
Carey Olsen trio named amongst eprivateclient's Crown Dependencies NextGen Leaders The NextGen Leaders list recognises outstanding legal and finance professionals based in the Crown Dependencies with up to 20 years of industry experience in the private client advisory sector ...
On May 30, 2024, the Comptroller General of the Republic (“Comptroller”) approved Supreme Decree No. 70 (“Decree”), which amends, mainly, (i) the Supreme Decree No. 62, of 2006, of the Ministry of Economy, Development and Reconstruction (“DS 62”), which approves the Regulation of Power Transfers between Generating Companies established in the General Law of Electric Services, and (ii) the Supreme Decree No ...
Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders are at-will employees who can be terminated (or can quit) for any or no reason. They may have an offer letter but no employment agreement. In other situations, founders or investors demand that the company put employment agreements in place with key personnel ...
