Due to the Covid-19 government measures, most employees work mainly from their home offices from March 2020 onwards. For internationally active employees, the taxation of salaries is linked to the location where the work is carried out. The sudden switch to the home office may therefore have a major impact on the tax position and the net salary of the employees concerned and on the payroll administration of the employer ...
Join Schwabe for an exclusive screening of The West Is Burning, followed by a panel discussion with the creators of the film. Schwabe Natural Resources attorneys Greg Fullem and Janna Davydova are excited to introduce you to the filmmakers of the documentary. After a private screening, there will be an opportunity to connect with the creators of the film, ask questions, and learn about what comes next for the forests that shape the landscape of the West Coast ...
Employers who suspect that employees are guilty of misconduct often appoint forensic investigators or legal practitioners to investigate whether such misconduct exists. They then prepare a report with recommendations on how to proceed, including whether disciplinary actions can be taken against the employees concerned ...
The South African Supreme Court of Appeal (“SCA”) recently delivered judgment in the matter of FirstRand Bank Limited v The Spar Group Limited. The SCA held that: A customer with no entitlement to money deposited into its account and who knows that it enjoys no such entitlement, may not pay out money against the credit to the account. Doing so amounts to theft ...
Banking & Finance ESAs issue joint supervisory statement on the application of the Regulation on Sustainability-related disclosures in the Financial Services Sector (SFDR) ESAs issue recommendations on the application of the SFDR ...
Covid-19 has left employers who want their employees back in the office in a difficult position. With the pandemic still raging, many employees are fearful of returning to the office with unvaccinated peers. In order to ease their employees’ concerns and provide a safe work environment, some employers are offering incentives to get vaccinated ...
In the recent judgment of Divine Inspiration Trading 205 (Pty) Limited and another v Katherine Gordon and 2 others, the Western Cape High Court found, in essence, that the rules of court override the interests protected under the Protection of Personal Information Act, 2013 (“POPIA”) and ordered that personal information be disclosed. In this matter, the applicants sought an order for the disclosure of Ms Gordon’s medical records from her medical practitioners ...
From 1 October 2021, The Pensions Regulator (TPR) will have new criminal powers to bolster its anti-avoidance arsenal, but what does it really mean for those involved with the running of pension schemes? The new powers allow TPR to investigate and prosecute any person who avoids an employer debt, anyone who does (or doesn’t do) something which would prevent pension scheme members from receiving their benefits in full, and anyone who does not comply with a contribution notice issued
The Government Emergency Ordinance no. 26/07.04.2021 for the amendment and completion of the GEO no. 111/2010 on the parental leave and monthly allowance was published within the Official Gazette no. 363 dated April 7th, 2021. The main legal amendments introduced by the new legal provisions are centered on an increase in the amounts and diversification of cases for granting insertion incentives. More exactly: An amount of RON 1,500 (approx ...
The protracted legal battle between software giant Oracle America Inc. (“Oracle”) and technology behemoth Google LLC (“Google”) has truly been one for the ages. The Supreme Court of the United States of America (“SCOTUS”) on 05 April 2021 delivered its judgment in the writ of Certiorari filed by Google against Oracle ...
It is only seven months until the eyes of the world fall on Glasgow as it hosts COP26. The conference comes with some terminology which might be unfamiliar. This article is designed to bring you quickly up to speed with the words and phrases you’ll be hearing a lot about in the coming months. The very basics... COP – ‘Conference of the Parties’, the parties being the 197 signatories to the UNFCCC treaty ...
The Court of Appeal (CoA) has allowed a SIPP investor’s appeal in Adams v Options UK Personal Pensions LLP (2021) EWCA Civ 474 and provided important guidance on the interpretation of Article 25 and 53 of the Financial Services and Markets Act 2000 Regulated Activities Order 2001 ...
The HKIAC’s statistics for 2020 reveal that in 2020 the HKIAC received a record number of arbitration filings (the highest number received in over a decade) and the total amount in dispute in the arbitrations was another record high. Most hearings were fully or partially virtual, which is unsurprising given the pandemic outbreak last year. The following are some of the more notable statistics: 483 new cases were submitted to the HKIAC in 2020 ...
In our previous article, we reported on the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between Mainland China and the HKSAR (Supplemental Arrangement) made on 27 November 2020, which made certain revisions to the Arrangement Concerning Mutual Enforcement of Arbitral Awards between Mainland China and the HKSAR, as follows: Recognition of arbitral awards -The Supplemental Arrangement clarified that the procedures set out in the Arrangement shall be in
In DR Jones Yeovil Ltd v The Stepping Stone Group Ltd [2020] EWHC 2308 (TCC), England’s Technology and Construction Court ruled in favour of a contractor in its claim for unpaid retention under a JCT contract and dismissed the employer’s counterclaim for alleged defects. Certificates of Making Good were never issued and one of the questions before the court was whether that meant there could be no recovery of the balance of retention ...
The appeal in ABC Electrification Ltd v Network Rail Infrastructure Ltd [2020] EWCA Civ 1645, concerned the proper construction of a Target Cost Contract based upon the standard Institute of Civil Engineers Conditions of Contract, Target Cost Version, First Edition (ICE Conditions) and subject to standard amendments commonly used in the rail industry, known as Network Rail 12 (N12 Amendments) ...
In the recent case of Cheng Pan & Anor v Yau Lai Wah, HCA 376/2015, the Court held the Defendant liable for loss and damage caused by water leakage from his property into a neighbouring property, which resulted from the Defendant’s contractors carrying out works to pipes located in the Defendant’s property ...
Led by Legal Director of Immigration, Rachel Harvey, and Employment Partner Emma Morgan, this webinar focussed on the considerations many Employers are faced with concerning immigration. This complex and ever-changing area means Employers need to keep a keen eye on any changes or alterations that are made to the current guidelines and rules. The key themes from the webinar and what they mean for employers are detailed below ...
Two of the most prominent arbitral institutions globally, the London Court of International Arbitration and the International Chamber of Commerce, have recently updated their rules to modernise and streamline the way in which arbitrations are administered. The changes are designed to increase efficiency, flexibility and transparency and to embrace the growing use of technology in business today ...
Food producers can breathe a sigh of relief, at least temporarily, thanks to efforts by the California Chamber of Commerce resulting in a preliminary injunction barring the State of California and all private plaintiffs from filing any new Proposition 65 lawsuits targeting acrylamide in food and beverage products. On March 31, 2021, Chief United States District Judge for the Eastern District of California, Kimberly J ...
In Facebook v. Duguid, (Case No. 19-511) on April 1, 2021, the United States Supreme Court unanimously confirmed that equipment without the capacity to randomly or sequentially store or produce numbers is not an autodialer for TCPA purposes. The Facebook ruling focuses on text messages, which many institutions are using as a primary method of customer contact, but it is also a victory for those using predictive dialers and preview dialers without random and sequential source codes ...
