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Shoosmiths LLP | February 2023

In the second of our HR Improve articles we consider the importance of effective workforce planning and the options available to employers to help meet the current challenges in recruitment and building a workforce with the right skills for the future. Effective workforce planning enables employers to align their staffing requirements with their strategic direction for the business. In other words, it involves planning ahead to make sure you have the right people in place when you need them ...

Plesner | February 2023

Over the weekend, the EU announced its 10th sanctions package against Russia as a response to the invasion of Ukraine. The timing of the 10th sanctions package coincides with the anniversary for Russian invasion of Ukraine. The measures implemented in the new sanctions package include, inter alia: Additional sanction listings of 121 individuals and entities ...

Shoosmiths LLP | February 2023

Green tech presents a growth area and one in which the UK could flourish, but to do so requires capital investment and a clear strategy alongside developing the necessary skillset of the UK workforce. So how realistic is this in the current climate? Experience to date would suggest that the UK is lagging behind other countries in this sector and that unless more is done, we will miss out on the opportunity green tech offers ...

Schwabe, Williamson & Wyatt | February 2023

On Tuesday, February 21, 2023, the three-member Democratic majority of the National ‎Labor Relations Board (“NLRB”) issued a decision in McLauren Macomb, reverting back to pre-‎Trump era standards and ruling that non-disparagement and confidentiality provisions in a ‎separation agreement violated the concerted right activity provisions of Section 7 of the National ‎Labor Relations Act (“NLRA”). ‎ Section 7 of the NLRA applies to most U.S ...

Schwabe, Williamson & Wyatt | February 2023

Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, LLC, Appeal No. 2023-1186 (Fed. Cir. Feb. 24, 2023) In this week’s Case of the Week, the Federal Circuit affirmed a permanent injunction requiring appellant Jazz Pharmaceuticals to de-list its U.S. Patent No. 8,731,963 from the Food and Drug Administration’s (FDA) Approved Drug Products with Therapeutic Equivalents Evaluation publication, colloquially known as the “Orange Book ...

While a recent Pennsylvania ruling issued In February 2023 has been hailed as a victory for the underfunded school districts in the state, it could be a long road ahead before meaningful change makes its way to the students, teachers, and schools who need it the most ...

The Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), enacted by Congress in late December 2022, provides more nursing mothers with reasonable break time to express breast milk after childbirth and requires employers to designate private locations (other than bathrooms) that are free from intrusion and shielded from view for this purpose ...

Dinsmore & Shohl LLP | February 2023

On February 22, 2023, the United States Supreme Court affirmed the importance of long-standing U.S. Department of Labor salary pay regulations.  In Helix Energy Solutions Group Inc. et al. v. Michael J. Hewitt, (Case No. 21-984), the Court, in a 6-2-1 opinion, held that high-earning professionals can only be overtime-exempt if they are paid on salary basis.  The case involved Michael Hewitt, a former offshore oil rig worker for Helix Energy Solutions Group Inc ...

Dinsmore & Shohl LLP | February 2023

From television commercials to naming rights for arenas, the topic of cryptocurrency has been hard to avoid.  While cryptocurrency may be virtual, its creation or ’mining’ occurs in the real world.  This mining poses a credit risk for utility companies, given the incredible amount of electricity required to operate a “mining” facility.  For example, crypto mining company Core Scientific, Inc ...

Dinsmore & Shohl LLP | February 2023

On February 21, 2023, the National Labor Relations Board (“NLRB”) overruled two Trump-era decisions, restoring earlier precedent concerning the legality of confidentiality and non-disparagement provisions in severance agreements ...

Mamo TCV Advocates | February 2023

  If the draft EU regulation on Artificial Intelligence (“AI”) titled ‘Proposal for a Regulation laying down harmonised rules on artificial intelligence’ (the “draft EU AI Act”) becomes law, investment funds could have an additional risk which would need consideration, namely, the AI risk ...

Afridi & Angell | February 2023

Introduction   Recent years have seen the UAE making regular updates to its laws in order to guarantee a legal regime that is forward-looking, and consistent with international standards and principles. The leaders of the UAE have been particularly cognizant of the need to have a robust criminal law regime to encourage legitimacy in business, and dissuade any unscrupulous activities that could reflect negatively on the UAE as a determined and fast-developing economy ...

Construction continues to be one of the deadliest industries in the United States, and the Occupational Safety and Health Administration (“OSHA”) is heavily targeting construction workplaces. In 2022, OSHA inspected construction workplaces more than any other industry, and OSHA’s focus on construction employers is expected to continue this year ...

The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to correct discrimination and harassment in the construction industry following a review of data that revealed the construction sector to be one of the most challenging areas in terms of discrimination and harassment cases ...

Shoosmiths LLP | February 2023

Employer Checking Service (ECS) checks are a vital step in the right to work check process. Positive Verification Notice (PVN) from the ECS can ensure that an employer maintains a statutory excuse against liability for a civil penalty for illegal working in situations where an employee’s visa expires during the course of their employment.   ECS checks are required in situations where an employee is on a time limited visa that expires during employment ...

In recent years, there has been a surge in new union organizing efforts and tactics to unionize and organize employers around the country. From Amazon workers in Jacksonville to Starbucks employees in 280 stores and counting, unions are imploring workers to turn to unions to help address issues like low wages, lack of benefits, and poor working conditions. Unionizing has become more heavily publicized, even romanticized, in the media and many employees have bought in to the movement ...

Simonsen Vogt Wiig AS | February 2023

As a starting point, money in a bank account is nothing more than a contract with a promise to pay (the bank being the debtor/payer and the account holder the creditor/payee); it is a claim against the bank (an IOU issued by the bank, Norwegian: enkelt krav) held by the account holder ...

Schwabe, Williamson & Wyatt | February 2023

Lite-Netics, LLC v. Nu Tsai Capital LLC, Appeal No. 2023-1146 (Fed. Cir. Feb. 17, 2023) In an appeal from the U.S. District Court for the District of Nebraska, the Federal Circuit addressed whether the district court properly granted a preliminary injunction restricting Lite-Netics, LLC’s patent-related speech ...

In recent years, there has been a surge in new union organizing efforts and tactics to unionize and organize employers in the state of Florida. From Amazon workers in Jacksonville to farmworkers in Immokalee, unions are imploring Floridian workers to turn to unions to help address issues like low wages, lack of benefits, and poor working conditions. Unionizing has become more heavily publicized, even romanticized, in the media and many employees have bought in to the movement ...

Carey Olsen | February 2023

This has been driven by a rise in flexible working arrangements and the so-called 'gig economy' as well as by employers seeking creative ways to reduce costs in a restrained economic environment. With this in mind, the Employment Act 2000 was amended in 2021 to allow the Ministry of Economy and Labour to publish guidance to assist in determining whether a person is an employee or an independent contractor ...

Carey Olsen | February 2023

The registered fund regime offers a significantly faster approval process than that of authorised funds (other than QIFs): three days for RCIS Funds and one day for PIFs, relying in each case upon increased due diligence obligations on the part of the fund’s administrator ...

DFDL | February 2023

On the 14th of February 2023, the General Department of Taxation (“GDT”) issued Notification 5367 (“Notification 5367”), which provides the 2022 market interest rates for Employee Loans in accordance with Article 15 of Prakas 543 on Tax on Salary and Instruction No. 7015 GDT dated 13 March 2020. The market interest rates for 2022, based on the average of eleven (11) commercial Cambodian banks, are as follows: USD – 8.35% per annum Khmer Riel – 8 ...

Carey Olsen | February 2023

1. The legislative regime In conjunction with the VASP Act, the FSC also published Guidance on the Application for Registration of a Virtual Assets Service Provider (the “VASP Registration Guidance”) (available to view here), and the Virtual Assets Service Providers Guide to the Prevention of Money Laundering, Terrorist Financing and Proliferation Financing (available to view here) ...

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