Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers ...
With SEC Form 10-Qs for the second quarter ended June 30, 2021, due shortly, and SEC Form 10‑Ks for companies with June 30 year ends due in the next few weeks, publicly traded companies that received PPP loans, even those that have had those loans forgiven, need to review and update their SEC disclosures regarding their PPP loan ...
We would like to introduce you to our new project, Podcast in English – “Be Aware and Share”! In this series of discussions, we explore the topical legal challenges faced by business and, together with experts, analyze significant cases and provide solutions. Click here to learn more. 6 episodes are available right now: Teleworking in Russia: digital turn in employment. Employment solutions for commercial secrecy. Internal investigations in Russia ...
Financial ServicesRecovery Planning Policy DocumentFollowing feedback on its exposure draft, Bank Negara Malaysia has issued a revised policy document on recovery planning which are applicable to banks and investments banks licensed under the Financial Services Act 2013, Islamic banks licensed under the Islamic Financial Services Act 2013 and financial holding companies of the foregoing mentioned licensed entities (collectively, the “FIs”) ...
Qualcomm Inc. v. Intel Corp., Appeal Nos. 2020-1589, et al. (Fed. Cir. July 27, 2021) In the only precedential patent decision issued by the Federal Circuit this week, the Court addressed again the due process and statutory right of parties in IPR proceedings to have notice and an opportunity to be heard on theories that the PTAB may rely on in rendering its decisions ...
On July 16, 2021 the IRS issued Revenue Procedure 2021-30, which modifies and supersedes Revenue Procedure 2019-19, expanding the Employee Plans Compliance Resolution System ("EPCRS"). EPCRS is a program for correcting documentation and operational failures for retirement plans that are intended to be qualified plans under Sections 401(a) and 403(b) of the Internal Revenue Code ...
Solicitor Chiara Pieri tells Scottish Legal News about her career journey – from working as a paralegal to qualifying as a solicitor and becoming president of the Scottish Young Lawyers’ Association. In 2014 Chiara Pieri graduated from Glasgow University with an LLB with Italian – and plans to go globetrotting before embarking on her legal career ...
Parties in financial remedy proceedings on divorce need to be alive to the implications that their behaviour may have on their final settlement by way of costs orders. Both parties in the recent case of E v L (No 2 Costs) [2021] EWFC 63 were penalised in costs; the husband for failing to negotiate reasonably and pursuing ‘conduct’ against the wife, and the wife for her litigation misconduct ...
With the summer holidays upon us, what are the implications for employers managing holiday requests and the ever-changing guidance on foreign travel? We consider how to deal with employees who travel internationally and the current isolation rules ...
Employers often seek to rely on legitimate interests when processing employee personal data. But many do not realise that this should involve completion of a legitimate interests assessment. We consider what is involved in carrying out such assessments. What the law says The UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018 regulate the way in which employers process personal data ...
The purpose of this article is to report on a recent proof before answer hearing that was conducted fully remotely, and to set out some tentative thoughts on the future of remote hearings based on that experience. This is not intended to suggest that what was done should be followed in all hearings ...
In January 2021, Ohio Governor Mike DeWine signed House Bill 263, better known as the Fresh Start Act (the Act), into law. The Act standardizes the professional licensure process in Ohio by removing vague disqualifiers such as “moral turpitude” and “lack of moral character.” Through its restorative justice approach, the Act offers professionals with records of certain prior offenses a path to licensure. Most of the Act’s provisions become effective on Oct ...
The ESG Disclosure Rules have been introduced in response to the increased investor appetite for socially and environmentally responsible investments and to ensure that Jersey maintains its high regulatory standards amid global concerns regarding ‘greenwashing’ (firms marketing investments which appear more environmentally and socially focussed than they are in reality) ...
The Law no. 221/26.07.2021 for the completion of Law no.55/2020 regarding some measures for preventing and combating the effects of the COVID-19 pandemic was published within the Official Gazette no. 732 dated July 26, 2021. According to this normative act, employees who are vaccinated against COVID-19 benefit, upon request, of one paid day off for each vaccine dose administered ...
The following is a list of best practices applicable to the share class review process. This guide aims to provide helpful tips regarding the process of replacing an advisory client’s existing mutual fund share class with a lower-cost alternative, where it is identified that a replacement option exists and may be available for placement in the client’s account at the custodian. Review of share classes on a periodic basis ...
Key Points In Martin v. California Coastal Commission, the Court of Appeal issued a rare opinion discussing local policies that are designed to manage and mitigate coastal bluff erosion. The court upheld a permit condition that required a new home to be set back 79 feet from the edge of a coastal bluff. The court reaffirmed that the policy at issue requires new development to be reasonably safe from failure and erosion over the entirety of the development’s lifetime ...
Chemours Company FC, LLC v. Daikin Industries, Ltd., Appeal Nos. 2020-1289, -1290 (Fed. Cir. July 22, 2021) In this week’s Case of the Week, the Federal Circuit reversed a PTAB decision in consolidated IPRs that two patents were unpatentable as obvious. The Court held that the Board erred in reaching its conclusions both in terms of what the prior art taught and in application of objective indicia of nonobviousness ...
Introduction The ‘golden thread’ of modified universalism in cross border insolvency has long been an aspiration, rather than a rule. [1] The common law concepts of recognition and assistance play a key role in achieving that aspiration. In recent years these concepts have been affirmed but scaled back, by decisions such as that in Singularis Holdings Limited v PricewaterhouseCoopers ...
On Sunday, July 25, 2021, Resolution Nº 032-2021-CD-OSITRAN was published in the Official Gazette “El Peruano”, whereby the Guideline for the submission of information and final documentation of the port work accepted by the Competent Authority (the “Resolution 032″) was adopted ...
The question sometimes arises in a divorce as to whether one or both parties have mental capacity to litigate. If a party lacks that mental capacity, they will need someone to make decisions for them during the divorce process. This person is called a ‘litigation friend’ ...
The death of a loved one is a difficult time and situations in which a Will is contested can be an additional burden. Challenging or contesting a Will in Scotland is slightly different from the rest of the UK and this guide is designed to set out the main grounds of challenge to a Will on both sides of the border. Disputes can arise because of a poorly drafted Will, where there is a disappointed beneficiary or where a loved one appears to have been “disinherited” ...
The holder of intellectual property (IP) rights is entitled to a variety of remedies for infringement of those rights. These include, an order for delivery (or destruction) of the offending goods, interdict (injunction) to restrain any further infringement, and damages or an account of profits. This article focuses on the level of financial compensation available to holders of IP rights once they have established their rights have been infringed ...
