To avoid a complicated and lengthy disciplinary proceeding, employers might consider a mutual separation agreement, to terminate an employee’s employment and pay them a sum of money. In the case of Balsdon v Valley Macadamias Group (Pty) Ltd, the Labour Court had to decide whether it could make a mutual separation agreement a court order in terms of the Labour Relations Act, 1995 (“LRA”) ...
On July 12, the Ministry of Industry and Information Technology (“MIIT”), the Cyberspace Administration of China (“CAC”) and the Ministry of Public Security jointly promulgated the Provisions on Administration of Security Vulnerabilities in Network Products (the “Provisions”), which will come into effect as of September 1, 2021. These provisions add new rules for cybersecurity—a field that has recently attracted much attention ...
Listen to the podcast: About the episode: This season of Matters expounds on the concepts outlined in Jack Newton’s book, The Client-Centered Law Firm. In this episode, our hosts welcome a legal consultant and blogger, the president of a bar association, and a practicing Big Law attorney to discuss the major impact that a shift towards client-centered lawyering is having across the legal industry ...
The recent decision in the Technology and Construction Court (“TCC”) in Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP arguably does no more than follow precedent. But the outcome is significant for anyone taking a collateral warranty. The lesson is: get a warranty signed promptly, if you do not want to lose the right to adjudicate ...
In May 2021, we published an article, Milestone in Hong Kong-Mainland China cross border insolvency: Mutual recognition of and assistance to Insolvency Proceedings between Hong Kong and Mainland China, which highlighted the key features of the cooperation mechanism in relation to Hong Kong-Mainland China cross border insolvency set out in the Record of Meeting of the Supreme People’s Court and the Government of the Hong Kong Special Administrative Region and Mutual Recognition of a
It is not uncommon to have a multi-tiered dispute resolution clause in construction and commercial contracts, setting out the agreed mechanism in the event that a dispute arises between the parties. For example, parties may be required under such clause to first attempt settlement by negotiating in good faith, before going on to mediation if the negotiation fails, and finally proceeding to arbitration if mediation also fails ...
Not yet in the driver’s seat but hungry for change, millennials are lobbying to shape the way the companies are run. What do North Korea’s Supreme Leader Kim Jong-un, Finland’s Prime Minister Sanna Marin, United States Congresswoman Alexandria Ocasio-Cortez and Facebook co-founder Mark Zuckerberg have in common? They are all captains in their fields. And they are all millennials ...
“Historical facts”1 are not protected by copyright. Referring to the Storming of the Bastille or the Battle of the Plains of Abraham will not get an author sued in Federal Court, but must these events have really happened to be considered “historical facts”? The Federal Court recently ruled on this issue in Winkler v. Hendley ...
Dinsmore's Tarah Rémy wrote an article for Beverage Master titled "Legal Implications of Playing Music at Your Brewery," where she discusses the intellectual property considerations breweries should take when choosing music, whether played through speakers or live. You can read the full article by clicking the link at the bottom. Below is an excerpt ...
With SEC Form 10-Qs for the second quarter ended June 30, 2021, due shortly, and SEC Form 10‑Ks for companies with June 30 year ends due in the next few weeks, publicly traded companies that received PPP loans, even those that have had those loans forgiven, need to review and update their SEC disclosures regarding their PPP loan ...
This is the third in a mini-series of articles looking at whistleblowing claims. This article looks at the importance of having whistleblowing policies in the workplace. Having a clear and cohesive whistleblowing policy in place assists employees with making whistleblowing complaints in a correct and compliant way and enables employers to handle them effectively in response ...
Qualcomm Inc. v. Intel Corp., Appeal Nos. 2020-1589, et al. (Fed. Cir. July 27, 2021) In the only precedential patent decision issued by the Federal Circuit this week, the Court addressed again the due process and statutory right of parties in IPR proceedings to have notice and an opportunity to be heard on theories that the PTAB may rely on in rendering its decisions ...
The Insurance Authority has recently issued a Guideline on Application for Authorisation to carry on Special Purpose Business. This largely reflects the content of the amendments made to the Insurance Ordinance by the Insurance (Amendment) Ordinance 2020 and the Insurance (Special Purpose Business) Rules. In this regard, see our Client Alerts dated 27 May 2020 and 10 March 2021 by referring to the following links ...
On August 1, several resolutions issued by OSIPTEL’s Board of Directors were published in the Official Gazette “El Peruano”, referring to the following topics: (i) the tariff and interconnection regime applicable to calls terminated on mobile networks; (ii) the quality standards applicable to the provision of internet services; and, (iii) the implementation of an automated measurement system for the verification of internet access service by OSIPTEL ...
On August 1, several resolutions issued by OSIPTEL’s Board of Directors were published in the Official Gazette “El Peruano”, referring to the following topics: (i) the tariff and interconnection regime applicable to calls terminated on mobile networks; (ii) the quality standards applicable to the provision of internet services; and, (iii) the implementation of an automated measurement system for the verification of internet access service by OSIPTEL ...
Like many industries around the world, the creative industry has undergone evolution; from the use of three dimensional (3D) printers to compact discs (CDs) to Digital Versatile Discs (DVDs), and since the late 90s, the internet. The impact of digital technology on the Nigerian copyright space cannot be over-emphasised ...
The Regulation of Courier and Logistic Companies in Nigeria. By Florence Bola-Balogun, Kelechi Mba & Oluwapelumi C. Omoniyi. Introduction The Minister of Communications and the Digital Economy, Dr Isa Ali Ibrahim Pantami (the “Minister”) in accordance with Section 62 of the Nigerian Postal Services Act, 2004 (“NIPOST Act”) approved the new guidelines for the regulation of the Courier and Logistics sector (“the Sector”) in Nigeria in July 2020[1] ...
Sharing of content through online platforms – considering digital piracy in Nigeria By Davidson Oturu, Frances Obiago and Oluwatobi Oluwasanya Introduction Like many industries around the world, the creative industry has undergone evolution; from the use of three dimensional (3D) printers to compact discs (CDs) to Digital Versatile Discs (DVDs), and since the late 90s, the internet ...
Parties in financial remedy proceedings on divorce need to be alive to the implications that their behaviour may have on their final settlement by way of costs orders. Both parties in the recent case of E v L (No 2 Costs) [2021] EWFC 63 were penalised in costs; the husband for failing to negotiate reasonably and pursuing ‘conduct’ against the wife, and the wife for her litigation misconduct ...
In response to the coronavirus (COVID-19) we continue to undertake a series of measures to: 1. protect our employees; 2. provide continuity of support to our clients; and 3. work with critical elements of our supply chain to enable us to fulfil 1 and 2 Shoosmiths senior leadership, including our Chairperson, CEO, COO, business support Directors and business unit heads, are meeting as and when required to consider and act upon developments regarding COVID-19 ...
