The FSR addresses such distortions and closes a regulatory gap. Subsidies granted by non-EU governments (so called third states) currently go largely unchecked, while subsidies granted by Member States are subject to scrutiny under EU State aid rules. The FSR includes new tools to effectively tackle foreign subsidies that cause distortions and undermine the level playing field in the internal market ...
The United States Supreme Court has held an individual’s private right of action to sue a public nursing home for violations of federally protected rights in Health and Hospital Corporation of Marion County v. Talevski. The Court held that a private individual could sue for rights protected by the Federal Nursing Home Reform Act (“NHRA”), which sets the federal minimum quality standards for nursing homes to ensure that seniors receive quality care ...
Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”). On May 1, 2023, via its supplemental decision in Lion Elastomers LLC, 372 NLRB No ...
As we have often discussed, the National Labor Relations Board under the Biden administration has prioritized expanding employees’ rights under Section 7 of the National Labor Relations Act (the “Act”). Most recently, in GC Memo 23-08, the General Counsel, Jennifer Abruzzo, argued that the “proffer, maintenance, and enforcement” of non-compete agreements violate the Act because they interfere with employees’ rights under Section 7 ...
While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an employee outside the workplace may still subject an employer to liability. What constitutes actionable discrimination or harassment, triggering potential employer liability, is often a murky question ...
Employee performance is always rated in one manner or another. Best practice is to rate this performance through known, objective processes. In the context of the employment relationship, performance evaluations are an essential tool for providing workers with insight into how managers are making decisions about promotions, equity, and pay. In addition, performance evaluations will most certainly play a critical role if the employment relationship ends and litigation occurs ...
As a part of Federal agencies’ issuance of their semi-annual Spring 2023 Regulatory Agenda, the CFPB has published its Spring 2023 Agency Rule List (“2023 List”). In that List, the CFPB has set forth the status of its present rulemaking activities and its plans for such activities in the next 6 months ...
Law firms have a lot more male than female partners, though the situation is changing Business Plus June 17, 2023 Gender pay gap reporting has highlighted that across the largest law firms there is a substantial pay gap between men and women when the earnings of equity partners are included. In general terms, commercial law firms have more female than male solicitors in their ranks, but there are much more men than women at the top table ...
The European Commission has sent a Statement of Objections (SO) to Google over abusive practices in online advertising technology. Uniquely it seems, the Commission has identified in the press release that to remedy the situation the Commission is of the preliminary view that divestment by Google is required. This would be the first example of a proposed break-up of a tech business by the EU under market dominance rules ...
The growing popularity of plant-based dairy and meat products has engendered a series of legal disputes about how these products may be labeled and advertised. Plaintiffs have filed a number of largely unsuccessful consumer class actions alleging that packages promising soy milk and veggie burgers tricked them into thinking that they were buying the animal versions ...
We all know the feeling of making an online purchase and later regretting it - did I really need another kitchen gadget that I'll probably only use once? Luckily, by way of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which form part of retained EU law, consumers in the UK have the right to a "cooling off period" for distance contracts in certain circumstances ...
Choosing the name of a sports team can be a perilous exercise. In addition to representing certain values, names are supposed to fire up the fan base and motivate the athletes themselves. It must sometimes meet with the approval of major sponsors. But when sports teams are companies seeking to profit commercially from the use of their brand, legal considerations also come into play. Team names are typically linked to the organization of sports events for which tickets are sold ...
On May 15, 2023, the Chilean Congress approved the Bill that Systematizes Economic Crimes and Attacks against the Environment (the "Bill"). Therefore, the Bill was sent to the President for its enactment into law, although it is subject to the preventive control that must be carried out by the Constitutional Court. During this period, the Executive has a deadline to exercise veto power over the bill prior to its enactment into law ...
Net migration figures from the Office for National Statistics (ONS) for the year ending December 2022 show an increase on figures from the previous year. Taking a closer look into the categories of migration behind the net figures gives further insight as to why the target to reduce net migration figures are not being met. These figures show that total immigration into the United Kingdom for 2022 was in the region of 1.2 million with emigration counted at approximately 557,000 ...
In a recent survey conducted by Fertility Network UK, 40% of patients undergoing fertility treatment admitted to experiencing suicidal feelings, with the majority feeling that they would benefit from counselling. Sadly, this support is not readily available and reportedly only half of those in need have access. Often, the only option is to go private, but with sessions estimated to be between £10-£70 per session, that is not always feasible for everyone ...
The UK Covid-19 Inquiry has sought to consider as many voices as possible in its assessment of the vast human impact the pandemic has had on both individuals and organisations. Every Story Matters is the Inquiry’s way of doing so, enabling those in England, Northern Ireland, Scotland and Wales to share their experiences of the pandemic with the Inquiry, via an online form. To date, around 6,000 people have shared their stories ...
We look at the legal framework within which the dispute between the UK Covid-19 Inquiry and the Cabinet Office over the former Prime Minister’s WhatsApp messages and diaries has developed, and possible consequences for the Inquiry depending on the outcome. What has the Cabinet Office been asked to provide? On 21 April 2023, Baroness Heather Hallett, Chair of the UK Covid-19 Inquiry (‘the Inquiry’) issued a Section 21 Notice to the Cabinet Office (‘the Notice’) ...
On 17 May 2023, the Belgian Medicines Agency (FAMHP) announced that marketing authorisation holders (MAHs) have three years to comply with the prohibition of “negative formulations” on the packaging of medicinal products for human use. Such negative formulations include “gluten-free”, “lactose-free”, “ethanol-free” or “no colourings” ...
We are pleased to let you know that on 07 June 2023 the Russian parliament approved the draft law allowing the shareholders of small and medium-size enterprises to liquidate their business within a simplified procedure ...
The SEC has published its final rule for the modernization of share repurchase disclosures. The final rule will require additional details of an issuer’s share repurchase activity. Unlike the previous requirements for share repurchase reporting, the final rule will require daily repurchase data, reported either quarterly or semi-annually, and eliminates the previous requirement for the publication of an issuer’s repurchase data by month in its 10-Qs and 10-Ks ...
No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc., suggests that the EEOC is interested in how those policies work. It seems the EEOC wants to determine if such policies potentially violate the Americans with Disabilities Act, and the agency may want to pursue that interest on a national scale ...
The President of the Russian Federation instructed the Government to consider the opportunity of granting clearance for the sale of Russian legal entities controlled by “unfriendly” entities only with the consent of senior officials of the Russian regions where such entities are located. The Government should issue a report on this matter by June 15, 2023 ...
