Key Points Skilled nursing facilities must ensure their medical directors are certified within five years of the date of hire or by January 1, 2027, for medical directors already working in a SNF SNFs must report medical director certification status to CDPH by June 30, 2022 SNFs must report medical director changes to CDPH within 10 days of the change Effective January 1, 2022, a skilled nursing facility (SNF) will be prohibited from contracting with a medical director unless
[!<CDATA[ Liability under the False Claims Act can result in potentially enormous payouts to individuals — and sometimes to companies — who alert the government to allegations of health care fraud. The payouts to the whistleblower or relator, which can be as much as 30% of the proceeds of the action or settlement, do not always attract those with valid claims ...
The current prospectus rules The current Jersey definition of “prospectus” has often meant that a securities offer by a Jersey company is a prospectus for Jersey law purposes, even where an exemption from the obligation to produce an approved prospectus is available in other jurisdictions in which the offer will be circulated ...
There has been an increase in market capitalisation of Jersey listed companies on global exchanges from £269 billion in 2014 to £278.9 billion in 2021. Furthermore, The International Stock Exchange (TISE) has seen the number of listings increase from 2,272 in 2016 to 3,431 securities on its official list at end of June 2021. These are just some examples which explain why Jersey is now regarded as a premier international finance centre ...
The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (i.e., the federal contractor vaccine mandate) ...
In the Matter of the X Trusts [2021] SC (Bda) 72 Civ (7 September 2021) Assistant Justice Dr Ian R.C. Kawaley of the Supreme Court of Bermuda has handed down significant guidance to assist in the understanding of this important relationship in offshore trusts ...
Twenty months in, Covid-19 continues to demand that we exercise flexibility and adaptation as it identifies winners and losers. The pandemic has had a significant impact on the practice of law and businesses that are involved in, or contemplating, litigation. Those who have been involved in litigation know that it can be expensive in “normal” times. Here are three ways the pandemic has impacted the costs associated with litigation. Time to trial ...
By Robert S. Cooper The California Court of Appeal issued a landmark decision on September 9, 2021, upholding a trial court’s striking (dismissing) of a PAGA lawsuit because Plaintiff could not establish that trial of the matter would be “manageable” in court. In Wesson v ...
An employer grievance is a means that employers can use to obtain compensation for material damages caused by pressure tactics or to recover overpayments resulting from a union? S wrongdoing. Such a recourse can also be filed to claim damages and legal fees from a union that has abused the grievance arbitration process, in particular by raising grounds that are unfounded or filing applications that are dilatory, or doing either in bad faith ...
Kannuu Pty Ltd. v. Samsung Electronics Co., Appeal No. 2021-1638 (Fed. Cir. Oct. 7, 2021) In our Case of the Week, the Federal Circuit addressed whether a forum selection clause in an NDA may prohibit a party from petitioning for an inter partes review with the PTAB. Kannuu filed a motion for a preliminary injunction, asking the district court to compel Samsung to withdraw their petitions. The district court denied the motion, and Kannuu appealed ...
British businesses have long relied on temporary labour from the European Union to service short or medium-term projects. From an immigration perspective, prior to Brexit this relationship used to be frictionless. There was no red tape and no need to worry about what was or was not permitted under the UK’s immigration rules and policies. People arrived, people worked, people left and businesses were happy ...
In our fourth article on whistleblowing claims we focus on the need, in sensitive situations where concerns of serious (and perhaps even criminal) wrongdoing are raised, for the complaint to be dealt with confidentially and/or anonymously where possible ...
On September 17, 2021, the Stock Exchange of Hong Kong Limited (“HKEX”) published a consultation paper (the “Consultation Paper”) to publicly seek market opinions on draft amendments to the Rules Governing the Listing of Securities on the Exchange (the “Listing Rules”). The amendments aim to promote and implement a listing regime for special purpose acquisition companies (“SPACs”) in Hong Kong ...
Many separating parents use the Government’s online calculator to agree their child maintenance payments. We are fully supportive of parents reaching their own agreements, however using the online calculator may not always result in the right payment if parents are not fully conversant with the rules. Even parents who formally apply for an assessment by the Child Maintenance Service (previously The Child Support Agency) need to be on their guard ...
The Pension Schemes Act 2021 (the 'Act') amends the Pensions Act 2004 (the '2004 Act') in order to provide the Pensions Regulator ('TPR') with a wealth of new powers. Now that the day we have all been waiting for, 1 October 2021 (when the majority of the Act’s provisions were due to come into force) has come and gone, we’re taking a look the material provisions which came into force on that date - and what those changes mean ...
October 2021 Ordinances n°2021-1192 and 2021-1193 of September 15, 2021, respectively reforming security law and amending Book VI of the French Commercial Code, implement mandates of the PACTE Law of May 22, 2019[1] to: modernize security law[2], improve the articulation of security law with collective proceedings law[3] and transpose the (EU) Directive 2019/1023 of June 20, 2019[4], known as the "Restructuring and Insolvency Directive"[5] ...
Dear valued clients, colleagues and friends, Our Employment and Administrative Law partner, Vijayan Venugopal, has authored the Law and Practice chapter (Malaysia) of the Chambers Global Practice Guides: Employment 2021. The chapter covers the Industrial Relations (Amendment) Act 2020, terms of employment, restrictive covenants, data privacy law, foreign workers, collective relations, termination of employment, employment disputes and dispute resolution. Click here to read more ...
On 28 September 2021, the Ministry of Labour and Vocational Training (“MLVT”) issued Prakas 264 on the Determination of Minimum Wage for Workers in the Garment, Textile, Footwear, Travel Product and Bag Sectors (“Prakas 264”), to set new minimum wage for 2022, which will be effective from 1 January 2022. Under Prakas 264, workers in the relevant sectors will be entitled to the following new minimum wage: For regular workers, USD 194 per month ...
Regional Labor Team The recruitment and selection process is critical for companies and certain principles related to the dignity of the human person must be respected during its execution ...
Preliminary concepts: Prior to conducting an analysis of the Bitcoin Law (hereinafter “BTC Law”), it is important to clarify two fundamental concepts regarding this type of digital assets: – What is bitcoin? A bitcoin is a decentralized digital asset created in 2009 by one or more people under the pseudonym of Satoshi Nakamoto, with the mission of being a virtual currency or an instrument of electronic exchange to acquire products and services
The judicial declaration of incapacity is the process that is followed before a family judge who after exhausting the due process declares a final judgment in which determines that a person suffers from a cause of incapacity that is that a person who must be fully capable to exercise his or her rights and obligation on his or her own is not, being necessary to carry out the proceedings where he or she is declared as incapable ...
Advance payment can be understood as: “… the payment made before the occurrence of the generating event that constitutes the future and uncertain event on which the legal force of the obligation depends” (Giulani Fonrouge and Susana Navarrine in “Procedimiento Tributario”, Editorial de Palma, page 159) ...