In the recent case of A1 & ANOR V R2 & ORS [2021] HKCFI 650, the Applicants are pursuing proceedings in the Cayman Islands and other jurisdictions in relation to an alleged fraud committed against a Cayman Islands exempted limited partnership, involving alleged misappropriation of over US$100 million ...
In a judgment handed down on February 16, 2021, in a case involving former de facto spouses, the Superior Court dismissed an interlocutory injunction filed by the plaintiff seeking the eviction of the defendant from what had been their common residence. After having lived together in a de facto union for 32 years, the parties separated. The plaintiff, sole owner of the family residence, left the residence while the defendant continued to live there ...
The Government of the Republic of Panama, in response to the new modalities of work worldwide, among these, remote working, considered it appropriate to create this subcategory within the Non-Resident Visas. Executive Decree No. 198 of May 7th, 2021 (hereinafter, the “Decree”), published in the electronic Official Gazette on May 20th, 2021, creates the Short Stay Visa as a Remote Worker. Panama, May 21, 2021 ...
The Ministry of Public Security modifies the requirements to request the residence permit for foreigners from specific countries who maintain friendly professional, economic and investment relationship with the Republic of Panama. Panama, May 24, 2021. The Ministry of Public Security through Executive Decree No ...
Effective March 15th, 2021, the Electronic Remuneration Book (hereinafter "ERB") is available on the Labor Board's platform. The ERB is intended for employers to report, in a standardized and monthly manner, the payment of remunerations made to their employees. The regulation of the new ERB is contained mainly in the Labor Board’s Ruling No ...
Below are 10 important things to know about the Paycheck Protection Program (“PPP”) Loan Forgiveness Applications and the detailed instructions for the revised and updated applications posted on May 24, 2021, as well as other forgiveness procedures as updated by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the “Economic Aid Act” or “PPP2 Act”) ...
COVID-19 cases are down and vaccinations are up, but 2021’s developments continue at a fast and furious pace. With a new administration in place, new legislation taking effect, and the ever-changing considerations of a pandemic-era workplace, employers may find their heads spinning with where to focus and how to build priorities. Below are some of the top areas that are requiring additional thought and focus these days. 1 ...
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) released updated and expanded guidance on the COVID-19 pandemic’s interactions with federal equal employment opportunity (EEO) laws. The majority of the new guidance is directed at inquiries regarding vaccination status, vaccine incentives, and accommodations ...
Flexible working is not a new concept in the UK, and it exists in a number of forms, both formal and informal. However, in the UK as with the rest of Europe, the sudden emergence of the coronavirus pandemic flipped the way many people worked across the EU as governments put in place social distancing and isolation measures ...
While overdraft litigation risks have threatened the financial services industry for some time, recent class action lawsuits have trickled down to community banks. One place in particular where exposure has expanded is the increased willingness of plaintiff’s counsel to challenge the use of form account agreements and disclosures, including reliance on Regulation E’s model consent form ...
The Eighth Circuit Court of Appeals held that a D&O liability insurer could not rely on ambiguous endorsements as a basis to deny coverage for claims brought by investors against its insured company and its CEO. Reversing the Eastern District of Missouri, the appellate court in Verto Medical Solutions LLC et al. v. Allied World Specialty Insurance Co., No. 19-3511 (8th Cir ...
When corporate executives are charged with crimes, their companies often foot the bill for their defenses. Sometimes those bills can be hefty. And while companies sometimes seek to recoup the expenses when the executives are convicted, a recent decision from the influential Judge Jed Rakoff of the Southern District of New York makes clear that the criminal restitution process may not be their best approach ...
More than a year after the start of the COVID-19 lockdown, many citizens have adopted a lax approach to mask wearing, social distancing and sanitisation. However, a recent Labour Court judgment in South Africa indicates that employers may, within reason, be able to fairly dismiss employees for not adhering to COVID-19 safety protocols ...
In light of the continuing COVID-19 outbreak in Cambodia and the various regulations issued by the Royal Government of Cambodia (“RGC”), there are certain key considerations with respect to employee entitlements that employers will need to be prepared and address, as outlined below. 1 ...
Although the State of Michigan announced several weeks ago that employers would be permitted to require employees to return to “in-person” work, the emergency rules issued by MIOSHA prohibiting in-person work remained in place. Those emergency rules were rescinded earlier today and replaced with a new set of emergency rules that will remain in effect until October 14, 2021 ...
In a judgment of 22 April 2021, the European Court of Justice found that a lease contract entered into between an Austrian authority and a real estate company before the construction of the building did not constitute a contractual building contract, as the authority had not had a decisive influence on the design. The authority's requirements thus did not exceed the requirements that a tenant usually places on a building of a similar nature ...
OSHA Adopts CDC Vaccine Guidance. On May 17, 2021, the federal Occupational Health and Safety Administration (“OSHA”) updated its online COVID-19 portal to announce that OSHA is revising its employer materials to reflect recent interim guidance from the Centers for Disease Control and Prevention (“CDC”). In the meantime, OSHA recommends that employers “refer to the CDC guidance for information on measures appropriate to protect fully vaccinated workers ...
Florida has joined a growing wave of states offering individuals, businesses and other organizations significant protections against Covid-19-related legal claims. But how does Florida’s new law — “Civil Liability for Damages Relating to Covid-19” (codified at section 768.38, Florida Statutes) — work? And what do businesses need to know — and do — now? The law’s practical effect Begin with the law’s practical effect ...
On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) issued new recommendations for individuals who are fully vaccinated. Specifically, the CDC stated that fully-vaccinated individuals[1] can resume activities without wearing a mask or physically distancing. However, the CDC’s guidance specifically does not override federal, state, local, tribal, or territorial laws, rules, and regulations as they related to masks and physical distancing requirements ...
Due to the COVID-19 pandemic, sweeping new laws and regulations having a tremendous impact on California workplaces were enacted in California in 2020 and 2021. Included, among numerous others, are laws imposing health and safety obligations on employers, regulations requiring employers to quarantine employees and provide wage replacement for employees exposed to COVID-19 in the workplace, along with mandated job-protected paid sick leave and extended paid family leave ...
Shoosmiths won increased provision for an adult child from her father's estate under the Inheritance (Provision for Family and Dependants) Act 1975, achieving all of the costs benefits of the Defendant’s failure to beat the Claimant’s Part 36 offer. Recorder Williamson QC heard the trial remotely over two days on 21 and 22 January 2021 in the Peterborough County Court. He handed down judgment on 2 February 2021 ...
This is the first in a mini-series of articles setting out how whistleblowing claims can be (and are being) pursued in the Employment Tribunal during the pandemic. This first article discusses the concept of a 'protected disclosure'. Whistleblowing is not always as dramatic or headline-grabbing as this, and disclosure can often be made on a more day-to-day level ...
Since the UK left the EU there have been monumental changes to immigration law that employers should consider while planning future recruitment and team structures. The free movement of people has ended and with it comes the need for EU workers to register under the European Settlement Scheme by 30 June 2021, the Skilled Worker visa and changes to other existing routes under the points-based system and even new routes ...
