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Monday, May 29, 2023, marked the official end of the 88th regular session of the Texas Legislature. It was an especially active session for the energy industry, which saw the passage of several bills that, if signed into law by Gov. Greg Abbott, will have significant and long-term impacts on the oil and gas, renewable energy and power sectors in Texas ...

DFDL | June 2023

Less than a month to go! Our Tax Team wishes to remind you of the fast-approaching deadline for the submission of your annual corporate tax returns for the financial year ended 31 March 2023 (“FY 2022-2023”). All Myanmar taxpayers (corporate entities, non-profit organizations, and individuals) should file their annual tax returns on or before 30 June 2023 ...

DFDL | June 2023

Key Takeaways Rooftop solar (“RTS”) power installations are permissible, based on two categories: Category 1 – RTS systems not synchronized with the national power grid; or Category 2 – RTS systems synchronized with the national power grid. An annual quota for Category 2 permits will be set. Compensation tariffs (i.e. reduced tariffs payable by consumers based on their RTS generation). Technical and safety standards. One Window Web Portal ...

On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo took yet another step to ban restrictive covenants in the employment context.  In a memo  issued to all regional offices, she set forth her view that nearly all non-compete provisions, with very limited exceptions, violate the National Labor Relations Act (“NLRA”) ...

Buchalter | May 2023

May 31, 2023 By: Stephanie Shea The California Unruh Act (specifically, California Civil Code § 51) prohibits “all business establishments of every kind whatsoever” from discriminating based on citizenship or immigration status, among other things. That protection applies to all persons within the jurisdiction of California. At the federal level, (simply put,) the federal civil rights statute (specifically, 42 U.S.C. § 1981), prohibits alienage discrimination ...

In November 2021, the New York City Council passed a bill requiring that artificial intelligence (“AI”) tools used by employers to make or assist in hiring decisions or internal promotions undergo bias audits to screen for discriminatory effects.  Under the City Charter, the bill became law a month later after it was returned unsigned to the Council by then-mayor Bill DeBlasio ...

ALTIUS/Tiberghien | May 2023

On 7 April 2023, the Belgian Cour de Cassation reversed its long standing case law and decided that (from now on) disputes concerning the termination of exclusive distribution agreements are eligible to be settled by arbitration. 1. The legal background The Belgian Economic Code (previously known as the 1961 Distributorship Act – the “Act”) provides special protection against the unwarranted termination of an exclusive distribution agreement ...

Shoosmiths LLP | May 2023

“The building has to earn the commute. There has to be a reason for people to come into an office building, and that’s why you’re seeing this bifurcation between the best and the rest,” said Steven Mew, customer experience and flex director at GPE, during Shoosmiths’ recent roundtable on the UK’s flexible office space sector ...

Shoosmiths LLP | May 2023

Anecdotally, we are hearing that interim relief applications are on the rise. In this article we give employers the low down on what an application for interim relief actually is and why they should be on the lookout for them ...

Shoosmiths LLP | May 2023

BT announced earlier this week that it plans to cut between 40,000 and 55,000 jobs by 2030. It expects around 10,000 of these roles to be replaced by AI, particularly in customer services. BT’s recent announcement is a reminder that increased use of AI is now a key board agenda item, with businesses exploring whether they can increase efficiency and improve operations by investing in generative AI ...

Shoosmiths LLP | May 2023

Employment and immigration specialists Emma Morgan and Amy Leech look at the immigration considerations that arise in redundancy situations, acquisitions and insolvency procedures. A recording of the webinar is below along with a summary of key takeaways.   In current economic conditions, with the cost of living rising and the effects of the pandemic still lingering, businesses are having to look at ways to make cuts and reduce costs ...

Buchalter | May 2023

May 24, 2023 By: Peter McGaw When Potentially Responsible Parties (PRPs) settle CERCLA cases, they want finality. They don't expect to be asked to pay a second time for a claim they have already resolved by settlement. However, a concurring opinion in a recent Ninth Circuit decision casts doubt on the ability of a PRP to achieve finality through settlement. The Ninth Circuit’s decision in GP Vincent II v Beard was issued on May 17, 2023 ...

In a welcomed change to a class certification process that has long favored plaintiffs, the Sixth Circuit’s May 19, 2023 decision in Clark/Holder v. A&L Homecare and Training Center, LLC adopts a new standard for certifying Fair Labor Standards Act collective actions. In doing so, the Sixth Circuit becomes just the second appeals court to reject district courts’ use of the common two-step procedure for collective action certification ...

Afridi & Angell | May 2023

In the last few months, the UAE authorities have introduced a number of measures intended to increase the number of UAE nationals who are employed in the private sector. The Emirati Cadres Competitiveness Council (Nafis) program, originally established in 2016 with the aim of attracting UAE nationals to the private sector, has been reinvigorated ...

Shoosmiths LLP | May 2023

Progression of developments in technology have always led to impacts on the general workforce. With increased international focus on the speed of AI development and use, what could the impacts be of AI be on today’s workforce? The BBC have recently covered that “a March 2023 report from Goldman Sachs estimated that AI capable of content generation could do a quarter of all the work currently done by humans ...

Shoosmiths LLP | May 2023

The Chartered Institute of Personnel and Development (CIPD) has issued a report which provides guidance on supporting employees who are experiencing fertility issues. The report surveyed 300 workers who experienced difficulties with fertility while in employment within the last five years, as well as over 2,000 senior HR professionals and decision makers ...

ALRUD Law Firm | May 2023

As a matter of important update that may impact potential and scheduled payments of dividends, interest, royalties and other similar “passive types” of income from Russia, please be informed that on 18th of May 2023 Russian Media has announced that Double Tax Treaties (the “DTTs”) with “Unfriendly States” will be temporarily suspended by the Presidential Decree in June 2023 ...

DFDL | May 2023

The government of Vietnam issued Decree No. 19/2023/ND-CP dated 28 April 2023 (“Decree 19”) to provide guidance for the Law on Anti-Money Laundering. Decree 19, effective as of its issuance date, includes the following: Details on Know Your Client (“KYC”) Decree 19 sets out the specific situations in which financial institutions must carry out KYC procedures ...

Shoosmiths LLP | May 2023

The Supreme Court on 10 May 2023 considered whether damage caused by an oil spill in 2011 could constitute a “continuing nuisance” – and so extend the limitation period for a claim ...

Shoosmiths LLP | May 2023

The recent sanction judgment gives important guidance on the way in which the court's discretion should be exercised when sanctioning a restructuring plan and considers whether it is necessary for opposing parties to provide valuation evidence of their own ...

Shoosmiths LLP | May 2023

We look at what employers should consider when dealing with a data subject access request ('DSAR') made when tribunal proceedings are involved. The obligations to comply with a DSAR and disclosure in litigation are governed by two distinct processes. DSARs As part of their privacy rights an employee has the right to request from their employer a copy of their personal data, through making a DSAR ...

Mamo TCV Advocates | May 2023

  In the Industrial Tribunal case with number 3945/CC, the applicant, a Chief Operating Officer and Director, engaged with Amicorp Fund Services Malta Ltd, was dismissed by means of a letter of termination due to the fact that, according to the defendant company, he was not properly performing his functions. The Tribunal commented that the case was a particular one since it dealt with senior management, in which cases usually an amicable termination is arrived at ...

Shoosmiths LLP | May 2023

In its recent judgement in Re Avanti Communications Ltd [2023] EWHC 940 (Ch) ('Avanti') the High Court decided that in some circumstances a charge can take effect as a fixed charge despite the chargor having some flexibility to dispose of assets without the consent of the charge holder. Background A charge expressed to be a fixed charge may be at risk of being re-characterised by a court as a floating charge if the charge holder fails to exercise sufficient control over the assets ...

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