China's Company Law was enacted in 1993 and underwent certain amendments in 1999, 2004, 2005, 2013 and 2018. In response to the latest trends and demands in economic development, China adopted a comprehensive amendment to the Company Law on December 29, 2023 (the "2023 Company Law"), which will take effect on July 1, 2024. The rules concerning capital contribution are of great importance to companies and their shareholders and creditors ...
As a private equity (PE) lawyer whose bread and butter is doing transactions for PE clients it is fair to say that 2023 felt somewhat different to the years preceding it. Stating the obvious, much of this is macro: continuing (and worsening) economic headwinds, driving rising interest rates, in turn making access to third party debt more challenging and hitting balance sheets of potential investment targets ...
Following an antitrust investigation, in 2017 the European Commission had fined Google LLC and Alphabet Inc. a record €2.4 billion for abuse of Google’s dominant position. In brief, it found that Google was self-preferencing, by presenting results from its own Google Shopping first upon a so called “Google search”. On appeal to the General Court, the fine was confirmed in 2021 ...
By: Leah Lively and Alexandra Shulman On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a new final rule, “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” aimed at clarifying the distinction between employees and independent contractors under the Fair Labor Standards Act (“FLSA”) ...
The Federal Communications Commission (FCC), at its open meeting on December 13, 2023, approved new rules under the Telephone Consumer Protection Act (TCPA) regarding texting that will alter the landscape of lead generation practices ...
Last year, a would-be H-1B nonimmigrant employee had about a 14% chance of their registration being selected in the annual lottery. In response to backlash from U.S. employers following the extraordinary low selection rate for FY 2024, the Department of Homeland Security (DHS) acknowledged the H-1B cap registration process, implemented in 2020, allows for misuse and fraud and proposed changes to increase fairness and efficiency ...
State efforts to address the 340B Drug Program[1] continue to ramp up in 2024. Early this January, Kentucky Senator Stephen Meredith introduced Senate Bill 27 ("SB-27"), which intends to address a number of purchasing restrictions drug manufacturers unilaterally imposed on health care providers participating in the 340B Program ...
Since its enactment on July 1, 2021, the Florida Telephone Solicitation Act (FTSA) has become a significant pain point for businesses, leading to extensive class action exposure, particularly for those involved in telephonic communications. The FTSA, which initially granted consumers the right to take legal action against unwanted calls and texts, led to an influx of over 500 complaints in its first year ...
Earlier this year the government passed the controversial Strikes (Minimum Service Levels) Act 2023. Following on from this, detailed guidance has now been published for employers, trade unions and workers on the issuing of work notices. The Strikes (Minimum Service Levels) Act (Act) came into force on 20 July 2023 and attempts to alleviate the disruption caused to the public by prolonged strikes in certain sectors in the wake of recent, sustained industrial action ...
The Online Safety Act 2023 implements broad reforms for how many businesses must operate their online services. Here, Matthew MacLachlan explains the action to take now to comply. The Online Safety Act 2023 (‘the Act’) received Royal Assent in October 2023. Although the Act is now law, it will not be enforced by the regulator, Ofcom, until secondary legislation is passed and when Ofcom’s draft codes of practice are finalised ...
Please note the following press release. This press release is available at our homepage. DATAGROUP, advised by Heuking, acquires iT TOTAL AG A team led by Dr. Rainer Herschlein and Benedikt Raisch legally advised DATAGROUP SE on the acquisition of iT TOTAL AG. DATAGROUP thus expands its footprint in southwest Germany and enhances its position with attractive customers and experienced IT professionals ...
The world will be increasingly marked by change and at ever faster speeds. Future leaders will need new skills. The three years from 2020 to 2023 will be remembered as a turning point for humanity. 2020’s opening act was the explosion of the Covid-19 pandemic which left indelible changes on how mankind organises their home, works and sets life priorities ...
Please be informed that the Government has prolonged the moratorium on unplanned inspections of legal entities and individual entrepreneurs till the end of 20241 ...
Compliance Will Need Banks to explain “How the AI Systems Work” Delano Magazine Written by: Kangkan Halder Published on 24.12.2023 The growing role of artificial intelligence in processing information for legal documentation and counsel won't eliminate the need for human lawyers or ethical judgments, argue Marc Mouton and Astrid Wagner, partners at Arendt & Medernach ...
On January 9, 2024, the U.S. Department of Labor (the “DOL”) announced the final rule regarding when employers can classify workers as independent contractors under federal labor law. The DOL first proposed the rule in October of 2022. What Employers Need to Know The DOL’s new rule has consequences for employers. More individuals are likely to be classified as employees rather than independent contractors. Most federal and state labor laws apply only to employees ...
On Dec. 13, 2023, in a 4-1 vote, the Federal Communications Commission finalized new rules to close the so-called lead generator robocall and robotexts loophole, marking a significant paradigm shift in lead generation practices. On Dec ...
By Christina Morgan and Steve Nakasone This year alone, seven new states have passed comprehensive consumer privacy laws. Businesses operating nationwide will soon have to contend with twelve separate consumer privacy laws. A current list of the states with consumer privacy laws, and their effective dates, is below ...
Carly Parrott rejoins Carey Olsen as Head of Employment in Guernsey Carly previously served as counsel in Carey Olsen's employment team in Guernsey from 2017 to 2020 and brings with her a wealth of experience and an established reputation as one of the Island's top employment lawyers ...
In the fourth quarter of 2023, Sen. Raphael Warnock, D-Ga., made industry news, important banking and financial rule changes were implemented, and Georgia's Department of Banking and Finance quietly issued important new regulatory guidance on a handful of topics. Warnock Addresses Banking Committee, Introduces Legislation First, during a three-plus hour U.S ...
Social determinants (or drivers) of health (SDOH) can create substantial barriers to an individual’s overall health and wellbeing. For example, several factors associated with economic hardship—lack of transportation, safe housing, or access to nutritious food, etc.—are highly correlated with poor health outcomes ...
Benchmarking is a vital tool in the development and improvement of a franchise network, and will benefit franchisees and franchisors alike. A good benchmark, whether financial and/or operational requires the communication of accurate and relevant documents and information between the franchisee and the franchisor, which is best organised in a clear and detailed manner in the franchise agreement ...
Can a patent be infringed even if the patented product is not manufactured, assembled, or even used? Indeed, such infringement is possible. In fact, this is known as the theory of inducement of infringement. Naturally, acts of ?inducement? must meet certain conditions before inducement of infringement can be found. The Federal Court of Appeal recently clarified these conditions ...
In recent years, the job market has changed considerably, especially further to the pandemic and the impacts it has had. Employers and employees in Quebec faced unprecedented situations, and these appear to have led to a significant increase in claims for recognition of psychological occupational injuries, such as adjustment disorders and depression ...
