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Many government agencies set goals for their construction projects to be awarded to disadvantaged business enterprises (DBE). The U.S. Department of Transportation (DOT) DBE certification program sets antidiscrimination regulations that states can implement for federal funding. The Certification Office for Business Inclusion and Diversity (COBID) is the certifying authority of DBEs (on behalf of the DOT) in Oregon ...

Operating expenses (“OpEx”) and common area maintenance fees (“CAM”) are two important items in any commercial lease, but they are often overlooked after the decision is made on how to split up these fees. Typically, operating expenses are calculated and allocated based on a gross, modified gross, or triple net basis, with the tenant being responsible for a percentage of CAM based on the percentage of the total property they occupy ...

Dinsmore & Shohl LLP | January 2023

On January 11, 2023 the SEC Division of Investment Management issued an additional Marketing Rule FAQ.  The newly issued FAQ addresses gross and net performance requirements applicable to private fund case studies, single investments and/or groups of investments, i.e. extracted performance.  Specifically, the Question provides as follows: Q. When an adviser displays the gross performance of one investment (e.g ...

Heuking | January 2023

Ukraine is an EU candidate: Can we soon file patent applications for Ukraine at the European Patent Office? The European Council granted Ukraine EU candidate status on 23 June 2022. Will patents granted by the European Patent Office soon also apply in Ukraine? Not immediately, because on the one hand the candidate status legally creates neither rights nor obligations ...

Lost for many in the avalanche of news about the midterms, voters in five states went to the polls last month to vote on proposals allowing adult-use cannabis, often referred to as recreational cannabis. We won't bury the lede: two states, Maryland and Missouri, voted to allow adult-use cannabis, while three others — Arkansas and the Dakotas — voted down the proposals ...

Shoosmiths LLP | January 2023

It is a sad fact that the current economic crisis is causing many employers to consider cost saving measures like redundancies. But it can be difficult to know what amounts to a redundancy situation. We consider the legal definition and how it applies.  What the law says Redundancy is a mechanism used by employers when a company needs to reduce the number of its employees. It is one of the five potentially fair reasons for which an employer can dismiss an employee ...

Shoosmiths LLP | January 2023

For those that have been able to enjoy a break over the festive period, welcome back. If your dinner table discussions were like mine and involved catching-up with friends and various branches of the family tree, it no doubt involved the inevitable question of “how’s work going?” ...

Shoosmiths LLP | January 2023

All registered charities with an annual income over £10,000 and all CIOs - charitable incorporated organisations - are required to complete and file online with the Charity Commission an Annual Return in a prescribed form within ten months of their financial year end. Just before Christmas, the Commission confirmed details of new and revised questions in the Annual Return ...

Carey Olsen | January 2023

As we enter the new year, we also welcome the implementation of the British Virgin Islands ("BVI") Business Companies Act (the "Act") amendments which came into force on 1 January 2023. The amendments update several parts of the Act and continues to conform with best practice and international standards ...

Buchalter | January 2023

January 10, 2023 By: Michael Flynn The Office of Information and Regulatory Affairs in the Office of Management and Budget has released the Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions (Agenda) reports on the actions administrative agencies plan to issue in the near and long term. Included is the CFPB’s regulatory agenda for 2023. The CFPB agenda may be found HERE ...

Shoosmiths LLP | January 2023

Having experienced unprecedented levels of M&A activity in 2021 and the first half of 2022, followed by the market uncertainty of Q3 and Q4 of 2022, what can we expect from the M&A landscape in 2023?  Here are some of our key predictions ...

Shoosmiths LLP | January 2023

In recent months we have seen a significant rise in industrial action across multiple sectors, including public transport; postal workers; nursing and ambulance staff; university employees; Border Force staff and civil servants.  Strikes look set to continue into 2023; the British Medical Association is currently balloting junior doctors on potential strike action for March 2023 and disruption is also likely to hit schools in Scotland as teacher strikes are planned for January 2023 ...

Afridi & Angell | January 2023

The UAE has introduced a new law on civil procedure (Federal Decree-Law 42/2022) which repeals Federal Law No. 11 of 1992 on civil procedure and its executive regulations issued under Cabinet Resolution No. 57 of 2018. The new law came into force on 2 January 2022 ...

In Ultima Services Corporation v. U.S. Department of Agriculture et al., Case No. 2:20-CV-‎‎00041, Ultima Services Corporation filed suit in the U.S. District Court for the Eastern District of ‎Tennessee (Greenville Division) challenging the constitutionality of the Small Business ‎Administration’s 8(a) Business Development Program ...

In 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule implementing Executive Order 14026. The rule requires any federal contractor to pay employees a minimum hourly wage of $15 and overtime wages for work beyond 40 hours per week. This wage is subject to yearly increases determined by DOL ...

On January 5, 2023, the Federal Trade Commission (“FTC”) published a notice of a proposed rulemaking that would prohibit employers from enforcing non-compete agreements against all employees and would preempt state laws that otherwise allow these agreements. The proposed rule would prohibit any contractual term that functions to prevent a worker from seeking or accepting employment or operating a business, after leaving the employer ...

Lavery Lawyers | January 2023

Part 1: Four reasons to slow down and four reasons to speed up the process Part 2: Slowing down the process (CA, US, EP, PCT) Part 3: Fast track (CA, US, EP, PCT) Part 1: Why slow down or speed up the process? Slowing down the process Why would anyone want to slow down the process when it already usually takes several years for a patent to be issued? Cash flow Uncertainty for competitors Possibility of changing the scope Possibility of filing a divisional application In some cases,

DFDL | January 2023

Overview On 4 November 2022, Sub-Decree 232 on the Management of Commercial Advertisements of Goods and Services (“Sub-Decree 232”) was enacted by the Royal Government of Cambodia. Sub-Decree 232 is one of 31 measures to promote fair trade and practices in business in line with the Five-Year Action Plan (2022-2026) prepared by the National Commission for Consumer Protection (“NCCP”) ...

Jeantet | December 2022

Law.com International November 30, 2022 By Anne Bagamery, Coorespondent, Paris Jeantet has recruited a 14-person team, including three partners, from a rival French firm to create a new multidisciplinary department dedicated to energy transition and sustainable development. The move is part of a growth strategy for Jeantet, an elite firm with headquarters in Paris and offices around the world ...

Schwabe, Williamson & Wyatt | December 2022

Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence needed to successfully invalidate a patent as anticipated.  Mosaic claimed that Ridge infringed Mosaic’s patent and trade dress for a money-clip wallet.  Ridge countered that Mosaic infringed Ridge’s own patent for a money-clip wallet ...

The Intellectual Property and Related Rights (Amendment) Law of 2022, published in the Official Gazette of the Republic of Cyprus on 7 October 2022, aims to harmonise the Cyprus copyright regime with various acts at the European Union (‘EU’) level and the WIPO Performances and Phonograms Treaty. This Law amends and redefines already existing concepts and establishes new definitions and obligations ...

Simonsen Vogt Wiig AS | December 2022

During 2022, the government has, among other things, made these legal amendments: Removal of the general right to employ someone temporarily up to one year Trade unions that have members in a company that use hired workers from a temp agency can start legal proceedings against the employer about the legality of hiring. Revised home office regulations You can read more about these changes here. The Supreme Court has also contributed to the further development of employment law ...

Mamo TCV Advocates | December 2022

  On the 20th of December 2022, various amendments (and clarifications) to the Employment and Industrial Relations Act (Chapter 452) came into force, mainly relating to the probationary period applicable to fixed term contracts and the duration of fixed term contracts. By means of the amendments: In the case of a renewal of a fixed term contract for the same functions and tasks as the previous fixed term contract, there shall be no new probationary period ...

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