April 18, 2024 By: Leah Lively and Alexandra Shulman The Supreme Court of the United States issued an opinion on Wednesday, April 17, 2024, that will make it easier for employees to pursue discrimination claims against their employers based on job transfers or other non-pecuniary personnel decisions. In Muldrow v. City of St. Louis, Muldrow, a female police officer, alleged that she was transferred to a less desirable unit because a new supervisor preferred a male officer for the role ...
The United States Equal Employment Opportunity Commission (“EEOC”) has issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA”). The final rule, which aims to provide clarity regarding the protections afforded to employees and duties imposed upon employers under the PWFA, is set to be published in the Federal Registrar on April 19, 2024. It will thereafter become effective on June 18, 2024, 60 days after its publication ...
On December 22, 2023, Agder Court of Appeal issued a ruling in a case between an excavator seller and a leasing customer who had leased an excavator through a leasing company. According to the agreement between the parties, the leasing company was the formal owner of the excavator. The role as owner was however limited to financing ...
The Sexism in the City inquiry was set up to establish what progress has been made in tackling sexism in the financial services sector. We discuss the findings and offer advice for those in the sector trying to navigate the current regulatory landscape. The financial services industry is crucial to the UK economy. It employs more than 2 ...
In recent years, a growing number of construc- tion companies have established employee stock ownership plans (ESOPs).1 The interest in an ESOP is often generated by the need for an exit strat- egy for one or more of the owners of a closely held business, a common scenario in the construction industry ...
Carey Olsen advises Sanctum FI LLP on launch of an Artificial Intelligence-powered investment fund FSHL aims to generate long-term capital growth through a diversified portfolio primarily consisting of equity securities and bonds. The investment strategy focuses on enhanced investment performance at low cost through evolving machine learning algorithms ...
Carey Olsen advises Beijing Energy International Holding Co. Ltd on $40 million green bond issuance On 2 April 2024, Beijing Energy International successfully issued the bond, featuring a term of two years and a historically low coupon rate of 2.70%. The issuance was oversubscribed by 3.04 times ...
The Food Standards Agency (FSA) has launched a campaign highlighting the risks of food labelled as vegan to people with allergies. Research from the FSA has shown that 62% of consumers with an animal-based allergy were confident that products labelled as ‘vegan’ were safe to eat. The FSA says this confidence is incorrect and is putting people at risk ...
This edition covers various topics, starting with a focus on climate litigation, highlighting a significant victory against the Norwegian government by environmental organizations, including lawyers from the SVW team. The newsletter also discusses maritime arbitration in London and concerns over associated costs, as well as increased scrutiny on costs in Norwegian civil cases. Additionally, it provides updates on recent legislative amendments and judgments from the Norwegian Supreme Court ...
The Securities and Exchanges Commission (SEC) has announced a settled Administrative Proceeding with Senvest Management LLC (“Senvest”). Pursuant to the SEC issued Order, Senvest failed to maintain and preserve certain electronic communications and failed to enforce its code of ethics ...
The first quarter of 2024 was a busy time for regulatory action in the bank M&A space. Coming off a slow year for bank deal announcements in 2023, many bankers and bank advisors believed that 2024 would be a rebound year for bank combinations. Those expectations may be scaled back now that the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) released proposed updates to their bank merger application rules and policies ...
Company restoration - British Virgin Islands In this guide, we explain how a company that was incorporated or registered in the British Virgin Islands (company) can be restored to the BVI register of companies (register). In short, there are two restoration processes: (1) arrange for the company to be administratively restored (administrative restoration); or (2) apply for the company to be restored by a court order (court restoration) ...
Watch the webinar video and study our key takeaway points from our latest webinar focused on avoiding illegal working and managing risk. Our 2024 webinar programme is focused on supporting HR teams to protect the employee brand proposition of the organisations they work for. Presented by our leading team of employment lawyers these sessions will equip you on how best to handle key risks that could undermine the organisation’s employee brand ...
The Government is consulting on legislative changes to introduce greater flexibility to access surplus funds in defined benefit pension schemes. The Department for Work and Pensions (DWP) opened consultation further to publishing a paper entitled “Options for defined benefit schemes” on 23 February 2024 ...
On March 26th, 2024, the President of the Republic enacted the Framework Law on Cybersecurity and Critical Information Infrastructure (the "Law"), after having been generally approved by the Chamber of Deputies, and the preventive control of constitutionality carried out by the Constitutional Court was concluded ...
I. Introduction and overview of the issues Many lawsuits involve both covered and uncovered losses. In nearly every state, if a complaint alleges both covered and uncovered claims, the insurer is obligated to defend the entire suit. E.g., Liberty Mut. Fire Ins. Co. v. Copart of Conn., Inc., 75 F.4th 522, 529 (5th Cir. 2023) (Texas law); Buss v. Superior Court, 16 Cal.4th 35, 48, 939 P.2d 766 (1997); General Agents Ins. Co. of America, Inc. v. Midwest Sporting Goods Co., 215 Ill ...
Pension-Linked Emergency Savings Accounts (“PLESAs”) are a special retirement plan feature created under SECURE ACT 2.0. PLESAs were first permitted to be made available to participants as of January 1, 2024. PLESAs, which provide a flexible savings opportunity for non-highly compensated employees, can be added to certain defined contribution plans. New guidance regarding this option has been released, which may be of interest to employers and plan sponsors ...
Krogerus Disputes Day was held on 19 March at Little Finlandia. The popular event gathered dispute resolution and compliance experts to discuss about business disputes with distressed parties. We would like to thank all our speakers and guests for a great Disputes Day and interesting discussions! This year, Disputes Day's theme was Disputes and Distressed parties ...
Carey Olsen advises Preservation Capital Partners on closing of latest fund at €459 million With the closure of PCP Fund II, Preservation Capital Partners now manages approximately €1 billion in assets across its three operational funds. The Carey Olsen team advising Preservation Capital Partners comprised partner Andrew Boyce, senior associate Rachel de la Haye and associates Oliver Orton and Nicola D'Amico ...
Our third article in the series focusing on discrimination in the workplace, covers the protected characteristic of sex (gender). We discuss the current legal position, planned changes and suggested best practice for employers. What is sex discrimination? Sex discrimination occurs when someone is treated unfairly due to their gender. In the UK, it has been illegal for some time (subject to certain exceptions) with the law now incorporated into the Equality Act 2010 ...
Serco Leisure have been issued with an enforcement notice by the UK Information Commissioner’s Office (ICO) for unlawfully processing their employees’ biometric data through facial recognition technology and fingerprint scanning. What can we learn from this? With a rise in remote working as the fallout from the COVID-19 pandemic continues, there has been a proliferation of workplace monitoring ...
On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to abide by certain notice and distribution requirements by July 1, 2024. The notice and distribution requirements will inform employees and independent contractors of their rights under federal, state, and local law ...
April 2, 2024 By: Leah Lively and Alexandra Shulman On June 6, 2024, new amendments to Washington State’s noncompetition statute (RCW 49.62) will go into effect, which place further limitations on the use of noncompetition agreements in Washington. Substitute Senate Bill 5935 introduces several modifications to RCW 49.62 that Washington employers (and employers with Washington employees) should be aware of: Broader definition of “noncompetition covenant ...