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 ...
On April 9, 2021, the IRS released Private Letter Ruling (PLR) 202114002 (January 13, 2021), which provides additional context to taxpayers worried about whether their Fintech or Insurtech shares represent Qualified Small Business Stock (QSBS) under Internal Revenue Code (IRC) section 1202 ...
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 ...
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 ...
Gennex Media LLC, a customizable product online marketplace, and its sole officer and shareholder Akil Kurji, have agreed to an FTC consent decree resolving allegations the company falsely claimed its Brandnex novelty products were “Made in USA,” “USA MADE,” and “Manufactured Right Here in America!” when, in many instances, they were wholly imported from China ...
The E-Sign Act was signed into law over two decades ago. To put that into context, smart phones as we know them did not exist—the most popular mobile phone in 2000 was a flip phone, the Nokia 3310, and the first iPhone would not debut for another seven years. The most popular website was AOL because many people were still using AOL as their internet service provider. Google was a fledgling company with its search engine just starting out among the mainstays like Excite and Lycos ...
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 ...
On 24 March 2021, the EU Member States agreed to begin negotiations with the European Parliament concerning a legislative proposal on health technology assessment. Health technology includes medicinal products, medical devices or medical and surgical procedures, as well as measures for disease prevention, diagnosis or treatment used in healthcare ...
In a recent article published in écho, WSG Member Astrid Wagner, Partner, IP Communication & Technology at Arendt & Medernach, provides insight on the growing risk of damage to information systems in cyber attacks and what cyber protection measures should be taken ...
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 ...
