Introduction On July 11, 2024, the Court of Appeal1 rendered a decision that, for the first time, addresses the question of whether the elected domicile appearing in the Québec Enterprise Register (the ?REQ?), established under the Act respecting the legal publicity of enterprises,2 can provide a basis for the Superior Court?s territorial jurisdiction within the meaning of article 41(3) of the Code of Civil Procedure ...
Marriage and civil partnership discrimination occurs when someone is treated unfairly or differently because of their marital status. We explore the causes, effects, and legal implications for employers of this form of discrimination in the workplace ...
On May 7th, 2024, the President of Chile sent a bill (the “Bill”) to the Chamber of Deputies aimed at reactivating tourism and promoting the audiovisual industry, in order to revitalize one of the most affected sectors by the Covid-19 pandemic and to close the gaps that still exist in the arrival of foreign tourists to our country ...
The Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, abolishing the Chevron doctrine, provides the False Act Claims defense bar with a potent new weapon. Two critical elements of any FCA claim are the falsity of the claim and scienter, which requires proof that the defendant acted knowingly. The government and relators' counsel often rely heavily on regulatory guidance issued by administrative agencies to establish these elements of their FCA claim ...
The National Cybersecurity Coordination, a unit of the Undersecretary of the Interior responsible for coordinating the actions of public agencies in cybersecurity and recommending to the President of the Republic policies, laws, regulations, protocols and standards in this area, recently put two of a series of regulations required by Law No. 21,663 Framework on Cybersecurity up for public consultation ...
A private sale may start an inventor’s one-year filing clock, but it likely won’t save a patentee from an intervening prior art reference. On July 31, 2024, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) elaborated on the prior art public sale exception set forth in 35 U.S.C. §102(b)(2)(B). Specifically, the CAFC affirmed that a secret sale of a product would not be sufficient to pre-date a prior art reference under 35 U.S ...
In the calendar year 2024, roughly 32.6 million companies will be required by the Corporate Transparency Act (“CTA”) to report personal information about their beneficial owners. The report must be made to the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Department of the Treasury. The information below provides an overview of the requirements for our business clients that were created or registered prior to January 1, 2024 ...
As promised by the new government, the consultation on the revised National Planning Policy Framework (NPPF) has landed and now runs to 24 September. The Labour administration has clearly been busy in the lead up to the election, as the work that has gone into this is not the endeavour of less than a month in power. There’s a significant amount to analyse ...
Subsequent to the amendments to the Mining Code and other mining legislation that were introduced by Laws No. 21,420, of February 2022, and No. 21,649, of December 2023, on August 2nd there were published in the Official Gazette the Decrees No. 9 and 10 of the Ministry of Mining, which approved the Regulations on the obligation to submit geological information, and amended the Mining Code Regulations, respectively. Decree No ...
We are pleased to issue our ninth edition of the Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space. In this issue, we focus on the sector specific and cross-sectoral regulatory updates relating to investment services, CSPs, fintech, insurance undertakings and insurance intermediaries ...
Carey Olsen advises on the establishment of a new corporate structure to domicile Ferguson in the US by way of a Jersey merger As a result of the merger which took place on 1 August 2024, Ferguson, which has a market capitalisation of over £30 billion, has completed its transition to establish a new corporate structure and ultimate parent company domiciled in the United States ...
Mamo TCV Advocates is pleased to announce that Dr Veronica Grixti will be appointed as a partner of the firm with effect from 1st August 2024. Veronica obtained her Doctoral degree in Law from the University of Malta in 2004 and a Master of Law degree in Magister Juris (European & Comparative Law) in 2005 and joined the firm’s corporate and general commercial and insurance team as an associate in 2005 ...
Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, was passed on June 20, 2024, introducing anti-replacement-worker provisions to the Canada Labour Code. While anti-replacement-worker legislation has existed in Quebec since 1977, nothing of the sort existed for federal jurisdiction employers ...
July 31, 2024 By: Thomas O'Connell “It’s Monday, April 7, 2014. It is a cool, mostly cloudy morning at an independently owned and operated McDonald’s in Los Angeles, California. That day, two employees allegedly “engaged in concerted activities with other employees for the purposes of mutual aid and protection, by discussing a disciplinary incident with co-workers ...
You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the proper procedures to perfect the lien and obtain a judgment in your favor, you may force the sale of the property to collect on your judgment (see Ala. Code § 35-11-226). This article focuses on the procedural basics of Alabama’s lien law ...
After a two-and-a-half-year legislative process, the EU’s Corporate Sustainability Due Diligence Directive (CSDDD or CS3D) was published in the EU Official Journal on 5th July 2024, marking a paradigm shift in corporate sustainability. In recent years, companies have increasingly faced societal and legal pressures to adopt more sustainable business practices, typically centered around environmental protection ...
On 16 July 2024, Legal Notice 166 of 2024 was published in Malta. This implemented the relevant provisions of DORA (full title being Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) 648/2012, (EU) 600/2014, (EU) No 909/2014 and (EU) 2016/1011) into Maltese law ...
On the 12th July 2024, the Malta Financial Services Authority (“MFSA”) published a Circular introducing new passporting forms for (re)insurance undertakings as part of the MFSA’s efforts to address new requirements emanating from the Cross Border Notification Platform launched in February 2023 ...
Feeling like an imposter can be common for young professionals, especially for those who are the first in their families to enter the legal field. How can first-generation professionals more easily navigate their paths forward? In this episode of The Lawyer’s Edge podcast, Elise Holtzman sits down with Alé Dalton, Partner at Bradley Arant Boult Cummings, to explore her path to partnership and the unique challenges faced by first-generation professionals ...
On July 25, 2024, the Financial Market Commission ("CMF"), and after a public consultation process, the CMF published General Rule No. 515 (the “NCG 515”) that establishes a new communication channel between the supervised entities and the CMF and General Rule No. 516 (the “NCG 516”) that establishes common criteria to report material and reserved matters ...
In another update to the Federal Trade Commission’s (the “FTC”) Non-Compete Ban (the “Rule”), a federal judge in Pennsylvania ruled against ATS Tree Services, LLC v. Federal Trade Commission, et al.[1] denying ATS’ motion for a preliminary injunction ...
After the White House announced its New Process to Promote the Unity and Stability of Families, U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications on August 19, 2024. This process will help ensure U.S. citizens with undocumented spouses and/or children can keep their families together during the permanent residence process ...
By: Matthew T. Drenan, Charles F. Whitman, & Alicia A. Belock As temperatures continue to rise these upcoming weeks, employers take heed of pertinent health and safety laws to ensure workplace compliance. In anticipation of further shifts in the regulatory landscape favoring additional worker protections, we take this opportunity to review existing and imminent regulations during times of extreme heat ...
Introduction On June 14, 2024, the Superior Court of Québec issued a decision1 interpreting section 938.1.2.2 of the Municipal Code of Québec, which came into force in 2019. This provision gives a person interested in participating in the awarding process the opportunity to file a preliminary complaint about a requirement in the tender documents that they believe does not ensure the honest and fair treatment of tenderers ...
Cyber reporting requirements for Bermuda insurers, insurance managers and insurance intermediaries following the CrowdStrike faulty software update Key reporting obligations Prompt notification Bermuda insurers, insurance managers and insurance intermediaries (including brokers, agents and insurance marketplace providers) (each, a "Registered Person") must forthwith notify the BMA upon coming to the knowledge, or having a reason to believe, that a cyber reporting event has occurred ...
