A recent appeal case upheld a breach of contract claim over a lifetime rail travel benefit delivered by a third-party provider. We examine the case and how employers can avoid such disputes through clear terms and conditions for employee benefit schemes ...
Continuing the series on protected characteristics under the Equality Act 2010 we focus on gender reassignment and the need for employers to understand the legal protections and the potential consequences of failing to comply with them. What is gender reassignment? A somewhat misunderstood protected characteristic, gender reassignment protects those who are either proposing to undergo, are undergoing or have undergone a process designed to change their sex ...
Businesses throughout the United States have been monitoring the lawsuit filed by Ryan LLC, which challenges the legality of the Federal Trade Commission’s ("FTC") Non-Compete Rule (the “Rule”). The Rule is scheduled to take effect on September 4, 2024. It makes most existing non-compete agreements unenforceable and prohibits new agreements except in limited circumstances. On July 3, 2024, the U.S ...
The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently cited Circles of Care, Inc., a Florida behavioral health company, for failing to provide a workplace free of recognized hazards. This citation followed an incident where a patient assaulted a mental health technician at a nurse work station ...
As previously reported, on April 24, the Federal Trade Commission passed a Final Rule that would render almost all non-compete agreements with workers unlawful, effective September 4, 2024. However, a recent decision from the Northern District of Texas blocked enforcement of that Rule for a short list of litigants and casts doubt on the Rule’s enforcement in the future ...
In recent years many automotive brands and manufacturers have been reviewing their sales and distribution channels often considering moving to agency arrangements (in whole or in part). Traditionally one of the main disadvantages of appointing agents was an agent’s entitlement to potentially significant mandatory payments on termination in certain circumstances but that could be about to change ...
Roskomnadzor (Russian Data Protection Authority) plans to make it easier for personal data subjects to revoke consent to the processing of personal data Roskomnadzor proposes making it possible to ****revoke consent**** to the processing of personal data “in one click” ...
On July 2, 2024, the Central Bank of Chile ("BCCh") amended Chapters III.J.1, III.J.1.1, III.J.1.3, and III.J.2 of the Compendium of Financial Regulations (the "Compendium") governing the issuance and operation of payment cards. These modifications aim to reformulate the regulations applicable to Payment Processing Service Providers ("PSP") and include two new business models that previously lacked regulation ...
The Corporate Sustainability Reporting Directive (CSRD), an EU regulatory framework which came into force in January 2023, will replace and enhance the Non-Financial Reporting Directive (NFRD), demanding a broader range of companies to disclose detailed data on environmental, social and governance (ESG) factors, in accordance with the European Sustainability Reporting Standards (“ESRS”) ...
Six Carey Olsen partners named top offshore lawyers by Asia Business Law Journal The list identifies outstanding offshore legal professionals based on extensive research conducted by ABLJ, with nominations made by in-house counsel and other business and legal professionals at a wide range of global companies and law firms across the world. Michael Hanson JP is Carey Olsen's group managing partner based in Bermuda ...
Back in February 2023, The British Private Equity and Venture Capital Association (BVCA) revised and relaunched its model documents for early-stage investments. The model documents are widely used throughout the growth company ecosystem in the UK and provide a basis for the constitutional arrangements of most privately held businesses backed by institutional growth capital at all stages - from seed to pre-IPO ...
In this article we look at some of the key factors that influenced deal term trends through analysing the many transactions Shoosmiths advised on over the last year. For the third successive year Shoosmiths remained the UK’s most active law firm advising on mergers and acquisitions (according to Experian MarketIQ), acting on over 400 deals worth over £7bn in 2023 ...
Greenwashing is a form of marketing that misrepresents a product, service or practice as having positive environmental effects,1 thereby misleading consumers and preventing them from making an informed purchasing decision.2 Several initiatives have been launched around the world to counter this practice. In California, a law requires business entities to disclose information in support of environmental claims ...
Shoosmiths’ Commercial Energy and Mobility partner, Chris Pritchett moderated a panel discussion on the progress towards net zero adoption in passenger vehicles at the recent SMMT International Automotive Summit 2024. An overarching theme applying to all sessions across the day was the industry roadmap for the transition to net zero ...
Carey Olsen announces 12 senior promotions across the group Those promoted to counsel are: Nigel Smith (Litigation, Cayman Islands) Pierre Ali-Noor (Litigation, Jersey) Elizabeth Le Guillou (Trusts and Private Wealth, Jersey) Thomas MacAdie (Corporate, Jersey) Ashley Morrison (Corporate, Jersey) Those promoted to senior associate are: Daniel Long (Corporate, Guernsey) Edward Kelleher (Corporate, Jersey) Catriona Urquhart (Corporate, Jersey) Harry Hadjiyannis (Corporate, London
“The deference that Chevron requires of courts reviewing agency action cannot be squared with the [Administrative Procedures Act].”[1] The Administrative Procedures Act[2] (the “APA”) is a federal law that outlines the procedures that federal agencies must follow and provides federal courts with guidelines for reviewing the actions of these agencies ...
In a special report prepared with Conventus Law, SyCipLaw partner Ma. Patricia B. Paz-Jacoba and senior associate Ramon I. Rocha IV gave updates on the Philippines' enhanced Anti-Money Laundering (AML) enforcement framework, and provided insights for organizations looking to adopt a more proactive approach to AML compliance and risk management ...
Since our last edition, our team hosted a seminar regarding ad hoc and institutional arbitration. In this edition we present some of the key takeaways from this event. This edition also include an analysis of the use of limitation of liability clauses, based on guidelines set out in the most recent case law. Further we follow up on the latest climate litigation trends. We give you the details on the UK Supreme Court’s ruling concerning environmental impact assessments of combustion ...
Conflicting interpretations of the causation standard in two AKS-predicated False Claims Act cases in the District of Massachusetts, Teva and Regeneron, mirrored the circuit split on the issue and led to interlocutory appeals before the First Circuit. The court’s eventual decision could have a major impact on the national landscape around this high-stakes question ...
Carey Olsen announces new executive leadership team Current group managing partner Alex Ohlsson, who has led the firm's international expansion and held a pivotal role in establishing Carey Olsen as one of the world's leading offshore law firms, is to become group chairman. He will succeed John Kelleher, a key player in the success of the firm, who has served more than 12 years in the role and will remain at Carey Olsen as a partner in the Jersey litigation team ...
Malta has been a forerunner in regulating digital assets with the introduction of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (the “VFA Act”) back in 2018. Following its approval in 2022 and publication in 2023, Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) has an 18-month window to become fully enforceable by 30th December 2024 ...
Carey Olsen promotes six lawyers to the partnership across Bermuda, Cayman Islands, Guernsey and Jersey offices The six promotions bring the total number of partners across the Carey Olsen group to 84. Carey Olsen group managing partner Alex Ohlsson said: "Congratulations to Michelle, Richard, Tim, Rachel, Andrew and Nienke on their thoroughly deserved promotions ...
The Automated Vehicles Act (the Act) outlines the safety requirements that manufacturers and operators of automated vehicles will need to meet in order to deploy their goods and services on UK roads. In this article Ben Gardner outlines the key safety areas that will need to be considered ...
The latest YouGov election poll is predicting that we are likely to have a Labour government on 4 July and this brings uncertainty for the Private Equity (PE) industry, specifically around the carried interest regime.Historically, it seemed to be a forgone conclusion that the carried interest ‘loophole’ would be closed should Labour take control of parliament ...
