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Carey Olsen | November 2023

Contents  Legal framework Security Restructuring Insolvency Cross-border/Groups Liability risk The COVID-19 pandemic Other Trends and predictions Tips and traps  Legal Framework  What domestic legislation governs restructuring and insolvency matters in your jurisdiction? Parts XXI to XXIV of the Companies (Guernsey) Law 2008, as amended, contain the main statutory provisions relating to corporate insolvencies and reorganisations of Guernsey companies ...

Carey Olsen | November 2023

Carey Olsen Bermuda excels in latest rankings for The Legal 500 Caribbean Carey Olsen Bermuda is now ranked Tier 1 for Regulatory and Compliance; Dispute Resolution; and Trusts/Private Client with Tier 2 rankings for Banking, Finance and Capital Markets; Corporate and Commercial; and Insurance/Reinsurance ...

Dinsmore & Shohl LLP | November 2023

On November 7, 2023, Ohio voters passed Issue 1, the Right to Reproductive Freedom with Protections for Health and Safety, to establish the constitutional right to certain reproductive decisions. The new right will be enshrined in Section 22 of Article 1 of the Ohio Constitution, and will become effective within 30 days after the election. The passage of Issue 1 establishes in the Ohio Constitution an individual’s right to one’s own reproductive medical treatment ...

Dinsmore & Shohl LLP | November 2023

On November 7, 2023 Ohio voters approved the Issue 2 ballot initiative, which will make substantial revisions to Ohio’s cannabis laws[1] and make Ohio the 24th state[2] to legalize recreational marijuana. Issue 2 was introduced by the Coalition to Regulate Marijuana Like Alcohol which, according to the group, sought to legalize and regulate the cultivation, manufacturing, testing and sale of marijuana and marijuana products to adults and also legalize home grow for adults ...

Dinsmore & Shohl LLP | November 2023

The Department of Justice (DOJ) hopes to incentivize timely disclosure of misconduct uncovered during the mergers and acquisitions process with the October 2023 announcement of a department-wide safe harbor policy. The policy, which applies across the entire department, shields companies from criminal prosecution for misconduct they discover in companies they are acquiring or have recently acquired ...

Shoosmiths LLP | November 2023

Our latest article in the HR Improve series is focused on workplace investigations, and the steps which employers can take to conduct an effective investigation process. Fairness One of the key steps to ensuring that a fair process is followed during a grievance or disciplinary procedure, is carrying out a reasonable investigation to establish all of the relevant facts of the case and whether further action is required ...

Carey | November 2023

The Ministry of Economy published the new proposed Regulation on Price Information per Unit of Measurement of Products (Decree No. 229 of 2002), which seeks to improve the transparency and quality of the information provided to consumers regarding the prices of products both in physical stores and online, so that they can make informed purchasing decisions and promote fair competition in the market ...

Han Kun Law Offices | November 2023

On September 28, 2023, the Cyberspace Administration of China (the "CAC") issued theProvisions on Regulating and Promoting Cross-border Data Flows (Draft for Comment)(the "Draft Provisions") ...

India Business Law Journal Article Published on November 6, 2023 Our annual ‘State of the Legal Market’ survey finds that AI, specialist firms, discerning clients and the paired trends of fragmentation and consolidation are preoccupying the legal community. Katherine Abraham reports Big changes are afoot in the Indian legal landscape with the arrival of foreign firms and the integration of artificial intelligence (AI) technology ...

Shoosmiths LLP | November 2023

This week marks National Fertility Awareness Week in the UK. This annual event, organised by Fertility Network UK, a national charity dedicated to supporting individuals on their fertility journeys, aims to change perceptions and raise awareness for those undergoing fertility treatment. The theme for this year is "Forward4Fertility," emphasising progress and inclusivity in the journey towards parenthood. The staggering fact that over 3 ...

Carey | October 2023

Following the route set out in the ongoing constitutional process and taking into consideration the draft prepared by the Expert Commission and the amendments presented during the respective discussion in the Joint Commission, the Constitutional Council approved yesterday, the Preliminary Draft of the New Constitution ...

Afridi & Angell | October 2023

Under the employment law that was previously in force in the UAE, employers were not permitted to terminate an employee’s employment (even with notice) absent a “legitimate reason” and if “the reason for such termination has no connection with work”. In other words, the concept of termination “at will” was not recognised as an enforceable right in the context of an employer-employee relationship ...

Mamo TCV Advocates | October 2023

  A share buyback essentially occurs when a company acquires some of its own shares through means other than by subscription. Such acquired shares are colloquially referred to as treasury shares and allow for flexibility with regards to the company’s capital structure since the sale thereof does not constitute an allotment or issue of shares and thus the restrictions imposed thereon do not apply ...

Dinsmore & Shohl LLP | October 2023

In commercial real estate transactions, time is money, execution is everything and projects generally do not move forward without a mortgage loan. Lenders and their counsel should view a project as if the lender is the eventual buyer, owner and seller. For developers, considering the transaction from a lender’s point of view can save them considerable time and money and expedite loan closing ...

Shoosmiths LLP | October 2023

Module 5 will assess the robustness and effectiveness of procurement processes, the adequacy of items obtained (including their specification, quality, and volume) and the effectiveness of their distribution. It will also consider the UK-wide procurement of lateral flow and PCR tests. The provisional scope for this module lists three key areas of investigation ...

Carey Olsen | October 2023

In the second instalment of The Fintech Times' ‘Where to Relocate’ series, we turn the spotlight to the Cayman Islands as a VASP-friendly jurisdiction. Situated in the Caribbean, the Cayman Islands offer a unique blend of regulatory excellence, technological innovation, and a commitment to fostering the growth of digital assets ...

Dinsmore & Shohl LLP | October 2023

The SEC issued enforcement orders against three companies for including terms in their employment and separation agreements that violated Rule 21F-17(a) of the Securities Exchange Act of 1942, commonly known as the whistleblower protection rule. The rule prohibits any action that impedes an individual from communicating directly with SEC staff about a possible securities law violation ...

Dinsmore & Shohl LLP | October 2023

Beginning January 1, 2024, companies created or registered in the United States will have one year to report personal information about their owners to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury. The Corporate Transparency Act (CTA) will now require many companies in the United States to file personal information with the government on their ownership and business applicants ...

Afridi & Angell | October 2023

Article 54 of the Labour Law (Federal Decree-Law 20 of 2023 on the regulations of labour relations, as amended) dealing with employment disputes has been amended to give greater powers to the Ministry of Human Resource and Emiratisation (the Ministry). The amended provision shall come into effect from 1 January 2024 ...

Shoosmiths LLP | October 2023

The flight to quality in the UK’s commercial real estate market has been covered extensively over recent months. Nowhere is this shift being felt more acutely than in the office sector. According to Cushman & Wakefield, take-up of Grade A office space in Central London reached 2.44m sq ft during the first half of 2023 - increasing by 7 per cent on the five-year H1 average. There are many factors driving this shift ...

Shoosmiths LLP | October 2023

Earlier in the year, we reported on the government’s announcement of increases to visa and nationality fees. These increases to application fees came into force on 4 October 2023, other than the substantial increase to the Immigration Health Surcharge (IHS) which was expected to come ‘later in the autumn’ ...

Carey Olsen | October 2023

Corporate status A foundation company is a body corporate with a legal personality distinct from its members, directors and other connected persons. As foundation companies are governed by the Companies Act (Revised), except where it is inconsistent with the Foundation Company Act (2017), they benefit from an extensive body of case law and are well recognised in other jurisdictions ...

Carey Olsen | October 2023

Examples of ESG investments include investments in businesses such as wind farms and solar power initiatives, or in companies that meet the investor’s ESG value criteria (for example, because they have in place policies to address climate change or to ensure ethical supply chain sourcing) ...

Buchalter | October 2023

October 23, 2023  By: Leah Lively and Alexandra Shulman This month, dozens of class action lawsuits have been filed in Washington, based on alleged violations of Washington’s Equal Pay and Opportunity Act ...

World Services Group | October 2023

Authority Magazine October 23, 2023 By: Eric L. Pines   The legal field is known to be extremely competitive. Lawyers are often smart, ambitious, and highly educated ...

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