[!<CDATA[ As costly class action retirement plan litigation under the Employee Retirement Income Security Act (ERISA) proliferates, mandatory individual arbitration has become an increasingly appealing alternative for certain benefit plans. However, the benefits of arbitration can only be realized if it is enforceable ...
[!<CDATA[ The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc.[1] addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal antitrust laws. The appeal centered on the significance of a “Change in Control” provision in a provider contract between St. Luke’s and ProMedica’s affiliated health plan, Paramount ...
Kudun and Partners (KAP) has partnered with P&L Group to provide a full range of services to entrepreneurs planning to list their companies on LiVE Exchange, a platform initiated by the Stock Exchange of Thailand (SET) ...
Holiday pay cases continue to make their way through the court system. One of the most significant of these, brought by Mr Smith against Pimlico Plumbers, has hit the press again, leaving employers with yet more uncertainty. Background Workers are entitled to 5.6 weeks' paid holiday per year under the Working Time Regulations 1998 (the “WTR”), made up of 4 weeks’ leave derived from the Working Time Directive (Euro-Leave) and an additional 1 ...
Introduction There are multiple insurance policies available on the market to protect your property in Quebec. But how well do you know all your options? In 2016, we addressed peer-to-peer insurance, which is essentially a community of users wanting to insure similar goods and services together.1 However, in November 2021, the Superior Court of Québec rendered an interesting decision2 on self-insurance in the context of insurance offered by two (2) student associations ...
Joint employers and independent contractors need to be aware of recent announcements of both the United States Department of Labor (DOL) and the National Labor Relations Board (NLRB). These bodies have announced significant changes to current regulations with respect to their standards for joint employers and independent contractors ...
The European Commission has released the long-awaited proposal for a directive on corporate sustainability due diligence. As expected following the resolution approved by the European Parliament on 10 March 2021, the implications for companies are many and will have an impact on their organisation and the way they conduct themselves. The directive also affects the companies and other organisations they have commercial relations with ...
This article examines whether the UK competition authority's decision means a change in the analysis of mergers in the digital economy. On 30 November 2021 the Competition and Markets Authority (CMA) concluded in its Report that its concerns can only be addressed by Facebook selling GIPHY in its entirety to an approved buyer ...
China’s unified bond market now comprises the inter-bank market, exchange market, and commercial bank counter market; among these, the inter-bank market serves as the principal market with more than 85% of the total bond custody balance by the end of 2021[1] ...
German fuel distributor Mabanaft and its related company Oiltanking Deutschland recently suffered a substantial cyber-attack causing significant disruption to their business operations. In response they declared force majeure on a number of their contracts ...
Dinsmore taxation associate Sierra Williams wrote an article for the American Bar Association's Journal of Affordable Housing titled "Power Couples: Twinning Opportunity Zones with Other Economic Tax Incentives." An excerpt is below. Since this country’s inception, federal economic development programs have been fundamental and innovative tools to incentivize both public and private sector investment in distressed areas ...
Originally published on October 23, 2021 Revitalizing Brownfields has long been considered a centerpiece for community efforts to encourage growth and development of properties impacted by contamination. In 2021, Oregon’s Legislature passed HB 2518, which seeks to enhance Brownfield development by making forgivable loans available to assist with the cleanup of blighted properties ...
We thought the conclusion of a long-delayed inquiry by the Charity Commission into the collapse of the high-profile charity Kids Company would be the last word on this matter, but there may well be another twist... If you’ve followed what has been happening in the charity sector over the last seven years - or even if you’ve just been reading the news in that time - the chances are you’ll have heard of Kids Company and about its spectacular collapse in 2015 ...
The word on the street is that everybody wants an ERP system, but no one wants to use it. Or rather, no one will use it the way it has been set up as a standard solution. People in general do not like changes. Therefore, the ERP system must first be adapted so that the organisation can work in the same way as it did before. Only then will the organisation be willing to use it. Present ERP systems are better and more mature compared to the ERP systems only a few years ago ...
Any person will be given the right to demand information from enterprises affected by the Transparency Act It follows from the Transparency Act, Section 6, first paragraph, that any person has the right to information from an enterprise regarding how the enterprise addresses actual and potential adverse impacts according to the Section 4 of the Act ...
On February 18th, 2022, the Asset Management Association of China (“AMAC”) issued the Announcement on Issues related to Application for Fund Practitioner Qualification by Overseas Fund Professionals (关于境外基金专业人才申请基金从业资格有关事项的公告, the “Announcement”), allowing eligible overseas professionals to register with AMAC as PRC fund practitioners ...
On February 18th, 2022, the Asset Management Association of China (“AMAC”) issued the Announcement on Issues related to Application for Fund Practitioner Qualification by Overseas Fund Professionals (关于境外基金专业人才申请基金从业资格有关事项的公告, the “Announcement”), allowing eligible overseas professionals to register with AMAC as PRC fund practitioners ...
