INTRODUCTION The new Framework Law on the Climate (Law 98/2021 of 31 December) was published on 31 December 2021. This new Law repeals Law 93/2001 of 20 August and establishes the guiding principles of climate policy and governance. It also introduces targets and provides for mechanisms to combat climate change, to decarbonise the economy and to achieve sustainable development ...
There are several upcoming events and deadlines that are relevant to the Occupational Safety and Health Administration’s (“OSHA”) “large employer” emergency temporary standard (the “ETS”), which require businesses with 100 or more employees to adopt a policy that either (1) requires all employees to be vaccinated, unless otherwise entitled to a medical, disability, or religious accommodation, or (2) requires all unvaccinated employees to be maske
Intel Corp. v. Qualcomm Inc., Appeal Nos. 2020-1828, -1867 (Fed. Cir. Dec. 28, 2021) The Federal Circuit issued two precedential decisions this week—both arising from IPRs filed by Intel against patents owned by Qualcomm. In our Case of the Week, we focus on the first of those cases. In our Also This Week section below, we cover the second case ...
First of all, we are proud of Jan Magne Langseth and Christian Reusch who assisted Bank Norwegian in a principle matter before the Supreme Court of Norway between Ikano Bank et al versus Bank Norwegian. The case concerned the use of competitor’s brands in key word advertising on Google ...
With yet another recent uptick in COVID-19 cases, the need for additional health care practitioners in the state of Ohio continues to grow. Recognizing that this shortage will not be resolved in the near future, the Ohio General Assembly has eliminated another barrier for physicians with a prior history involving a substance use disorder to seek licensure in Ohio ...
The Home Office has announced changes to employer right to work checks, effective 6 April 2022 that all employers must be aware of. Carrying out right to work checks is an essential part of the recruitment process and it is important that employers are always up to date with any changes in this area. At present, employers must ask new recruits for physical evidence of their right to work in the UK, such as a Biometric Residence Permit (BRP) ...
Trees are ubiquitous. They are a natural part of our landscape and valued for the beauty they provide (not to mention the environmental benefits) as well as their lumber and economic value. Landowners often value their trees, but when a landowner needs to remove trees for development tensions can arise between the government’s interest in preserving and protecting the environment and the landowner’s inherent property rights ...
There has never been a more challenging time to lead than right now. Amid the ongoing pandemic, it’s more complicated than ever for leaders to determine a long-term vision when the day-to-day seems so uncertain and urgent. But like many challenging moments in our lives, we learn to evolve and become stronger, more resilient. Through it all, it’s crucial for business leaders to remain courageous, empathetic and adaptable ...
In the last article for our Tricky Issues series, we consider the duty to make reasonable adjustments for employees who are deemed disabled under the Equality Act 2010 and share our top tips for employers looking to make such adjustments ...
There are numerous reasons why your pension might be in England and Wales while you are not. Perhaps you lived and worked in England or Wales then moved abroad, or you live overseas and did a stint of employment here. Whatever the situation, the majority of English and Welsh pension administrators neither recognise nor implement pension orders made in foreign courts following divorce ...
With Scotland’s population growth stalling and with labour shortages in the UK at a record high, the demand for migrant workers at all skill levels is ever-increasing. Part 1 of this insight focuses on some of the current immigration routes for consideration by Scottish employers. Scotland is more reliant on migration than the rest of the UK to maintain population and help alleviate skills shortages ...
There has never been a more challenging time to lead than right now. Amid the ongoing pandemic, it’s more complicated than ever for leaders to determine a long-term vision when the day-to-day seems so uncertain and urgent. But like many challenging moments in our lives, we learn to evolve and become stronger, more resilient. Through it all, it’s crucial for business leaders to remain courageous, empathetic and adaptable ...
On Dec. 21, 2021, the Office of Inspector General (OIG) released a Health & Human Services (HHS) OIG Data Brief on genetic tests provided under Medicare Part B. The goal of the OIG in reviewing this data was “to analyze nationwide trends in genetic tests provided and payments made under Medicare Part B.”[1] As a result of this analysis, the OIG determined that there is a significant risk of overuse and misuse of genetic testing ...
On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s vaccine mandate that applies to all federal contractors and subcontractors in covered contracts in any state or territory of the United States ...
A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not defeat the Federal Arbitration Act’s (FAA) deference to arbitration as the forum for determining whether a contract is valid and enforceable. In Jhun v. Imagine Castle, LLC, the Jhuns hired defendant Imagine Castle to perform remodeling work at their home ...
A pair of recent rulings involving the economic loss doctrine from North Carolina serve as a timely reminder to carefully consider the extent of contractual remedies in negotiation of construction agreements – lest a later breach of contract remedy prove insufficient, and further recovery barred by the economic loss doctrine ...
In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be vaccinated against COVID-19 or adopt a masking and weekly testing regime that included removing employees who tested positive for COVID-19 from the workplace ...
On Dec. 17, 2021, the United States Court of Appeals for the Sixth Circuit ended the injunction preventing enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The ETS requires that large employers must implement a COVID-19 vaccine mandate or testing protocol ...
Late Friday, the United States Court of Appeals for the Sixth Circuit issued an Order and Opinion lifting the stay that previously had been entered by the United States Court of Appeals for the Fifth Circuit which had prevented the OSHA COVID-19 emergency technical standard (the “ETS”) that applied to employers with 100 or more employees from going into effect ...
