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Lavery Lawyers | November 2021

In the third and final entry of this three-part article series, we share with you the last set of intellectual property (IP)?related mistakes (mistakes #10 to #13) that we regularly see with startups. We hope you will find it useful for your business. Please be sure to read our first and second entries in this series, where we go over mistakes #1 to #5 and #6 to #9, respectively ...

Han Kun Law Offices | November 2021

On September 30, 2021, The Ministry of Industry and Information Technology (“MIIT”) issued for public comments the Measures for Administration of Data Security in the Field of Industry and Informatization (for Trial Implementation) (Draft for Comment) (the “Measures”) ...

Han Kun Law Offices | November 2021

On 14 November 2021, the Cyberspace Administration of China (“CAC”) published the network Internet Data Protection Draft Regulations (Draft for Comments) (the “Draft Regulations”). The Draft Regulations build on the foundations set by the Personal Information Protection Law, the Data Security Law, and the Cybersecurity Law ...

Shoosmiths LLP | November 2021

Defined contribution (DC) pension schemes will soon be required to disclose more information than ever before in a bid to assess and improve value for their members. On 16 September 2021, The Pensions Regulator (TPR) and the Financial Conduct Authority (FCA) published a joint discussion paper on developing a common regulatory framework for measuring value for money (VFM) for DC members. Background VFM has become a key element of DC governance in recent years ...

Shoosmiths LLP | November 2021

Calculating holiday pay can be a difficult and complicated area of employment law to navigate. There have been a number of notable cases handed down over the last five years, and it’s fair to say that further clarity is still needed for employers. In this article, we discuss five different areas that employers often have to grapple with when tackling holiday pay issues. 1 ...

Shoosmiths LLP | November 2021

Following the government’s consultation on calorie labelling for food and drink served outside of the home in 2018, qualifying businesses in the out of home (OOH) sector will be required to display calorie information per portion from 6 April 2022. What is changing? Currently, businesses serving non-prepacked food and drink in the OOH sector are not required to provide calorie (energy) information ...

Hanson Bridgett LLP | November 2021

Key Points New tax reporting provisions on cryptocurrency, as well as criminal consequences for noncompliance, survived in the Infrastructure Investment and Jobs Act (H.R. 3684) signed into law. The legislation imposes potential felony charges for failures to report certain "receipt" of digital assets, as well as expands the definition of "broker" to target crypto exchanges. On November 5, 2021, President Biden signed the Infrastructure Investment and Jobs Act into law ...

Dinsmore & Shohl LLP | November 2021

On Nov. 10, 2021, the General Counsel’s Office of the National Labor Relations Board issued a guidance memorandum [OM 22-03] dictating employers and unions will be required to engage in decision bargaining over discretionary aspects of vaccination policies required by the OSHA Emergency Temporary Standard mandating COVID vaccinations and testing. Under the OSHA Emergency Temporary Standard (ETS), employers must create Vaccination and Testing Policies by Dec. 6, 2021 ...

Schwabe, Williamson & Wyatt | November 2021

Those of you working in the transportation, ports, and maritime industry have a lot to look forward to as America’s roads, railways, ports, and other transportation infrastructure are expected to see improvements now that Congress passed the $1.2 trillion Infrastructure Investment and Jobs Act, H.R. 3684 ...

Schwabe, Williamson & Wyatt | November 2021

Update: On September 16, 2021, the Final Rule on Borrower Appeals of Final SBA Loan Review Decisions was posted and became effective on September 14, 2021 (the “Final Rule”). The Final Rule applies to all appealable final SBA loan review decisions under the PPP and applies to all appeals filed after the effective date and to those appeals filed before the effective date for which a notice and order has not been made ...

Schwabe, Williamson & Wyatt | November 2021

For the unaided construction contractor, navigation of changing vaccine mandates can be daunting, and it is no wonder there continues to be confusion about these mandates’ effects. Members of the construction industry have been discussing these rules in terms of how they apply to contractors working on federal or state projects ...

Shoosmiths LLP | November 2021

As it draws to a close, COP26 has seen world leaders aim to reach a consensus on actions to keep global warming to 1.5 degrees Celsius and the adoption of electrical vehicles (EV) has been cited as a critical step in achieving that aim. According to data from the Scottish Greenhouse Gas Statistics published by the Scottish Government, the transport sector is the largest emitter of greenhouse gases in Scotland, accounting for around 30% of all emissions ...

Shepherd and Wedderburn LLP | November 2021

  Between Brexit and the pandemic, the UK is experiencing its most severe labour shortage since the 1990s. Businesses can mitigate against these recruitment issues by obtaining a licence from the Home Office to sponsor foreign staff.  A sponsor licence may not magically generate willing workers, but it will ensure the holder remains agile when an international recruitment opportunity arises ...

Shepherd and Wedderburn LLP | November 2021

  In the recent case of Shanghai Shipyard Co. Ltd. V. Reignwood International Investment (Group) Company Limited [2021] EWCA Civ 1147 the Court of Appeal (COA) unanimously overturned the first instance decision and found a parent company guarantee to be a guarantee “on demand”. Despite arbitration proceedings having commenced under the underlying contract, the COA found the guarantor liable to pay $170 million under the guarantee ...

Shoosmiths LLP | November 2021

New regulations are in force that require occupational pension schemes providing defined contribution (DC) benefits to demonstrate value for members or face consolidation. The New Regulations The Occupational Pension Schemes (Administration, Investment, Charges and Governance) (Amendment) Regulations 2021 (the new regulations) came into force on 1 October 2021 ...

AELEX | November 2021

Payment Service Banks (“PSBs”) have remained a veritable vehicle for financial inclusion across countries since their introduction into the financial space,. In July 2021, the Central Bank of Nigeria (“CBN”) issued a Supervisory Framework for Payment Service Banks, to supplement the existing Guidelines for the Licensing and Regulation of Payment Service Banks, (issued in 2018 and revised in 2020) ...

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