July 15, 2024 By: Roger L. Scott In September of 2023, Governor Gavin Newsom signed into law Senate Bill 553, which amended Labor Code section 6401.7 and created new section 6401.9 to require employers (with few exceptions) to develop and implement a detailed workplace violence prevention plan and to train their employees in addressing workplace violence. Employers were required to comply by July 1, 2024 ...
The UAE recently amended its legal framework on abortion to expand the circumstances under which abortions are permitted and ease the rules regarding the circumstances under which abortions are permissible. Cabinet Decision No. 44/2024 (the Decision) came into effect on 21 June 2024 and progressively changed UAE’s law on abortion ...
A recent appeal case upheld a breach of contract claim over a lifetime rail travel benefit delivered by a third-party provider. We examine the case and how employers can avoid such disputes through clear terms and conditions for employee benefit schemes ...
Continuing the series on protected characteristics under the Equality Act 2010 we focus on gender reassignment and the need for employers to understand the legal protections and the potential consequences of failing to comply with them. What is gender reassignment? A somewhat misunderstood protected characteristic, gender reassignment protects those who are either proposing to undergo, are undergoing or have undergone a process designed to change their sex ...
Transfer Pricing rules are fundamentally based on the Arm’s Length Principle, articulated in art. 9 of the OECD Model Tax Convention. This principle is pivotal for bilateral and multilateral tax treaties to avoid double taxation, reiterated in point 1.6 of the OECD’s “Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations ...
As previously reported, on April 24, the Federal Trade Commission passed a Final Rule that would render almost all non-compete agreements with workers unlawful, effective September 4, 2024. However, a recent decision from the Northern District of Texas blocked enforcement of that Rule for a short list of litigants and casts doubt on the Rule’s enforcement in the future ...
Roskomnadzor (Russian Data Protection Authority) plans to make it easier for personal data subjects to revoke consent to the processing of personal data Roskomnadzor proposes making it possible to ****revoke consent**** to the processing of personal data “in one click” ...
The much-anticipated Court of Appeal judgment in C.G.Fry & Son Ltd v SSLUHC [2024] EWCA Civ 730 was handed down on Friday 28 June 2024. It dismissed the appeal on all three grounds. The case was centred on the widespread issue of developments being required to demonstrate that they are ‘nutrient neutral’, so as not to add nutrient load on designated habitats ...
The Supreme Court has overturned the Chevron Doctrine–a four decade-old ruling that enabled Federal agencies, including the Internal Revenue Service (“IRS”), to interpret ambiguous laws passed by Congress, and to have such interpretations enjoy a significant degree of deference ...
Shoosmiths’ Commercial Energy and Mobility partner, Chris Pritchett moderated a panel discussion on the progress towards net zero adoption in passenger vehicles at the recent SMMT International Automotive Summit 2024. An overarching theme applying to all sessions across the day was the industry roadmap for the transition to net zero ...
Since our last edition, our team hosted a seminar regarding ad hoc and institutional arbitration. In this edition we present some of the key takeaways from this event. This edition also include an analysis of the use of limitation of liability clauses, based on guidelines set out in the most recent case law. Further we follow up on the latest climate litigation trends. We give you the details on the UK Supreme Court’s ruling concerning environmental impact assessments of combustion ...
Conflicting interpretations of the causation standard in two AKS-predicated False Claims Act cases in the District of Massachusetts, Teva and Regeneron, mirrored the circuit split on the issue and led to interlocutory appeals before the First Circuit. The court’s eventual decision could have a major impact on the national landscape around this high-stakes question ...
Shoosmiths’ FinTech partner, Luke Stubbs, was a speaker at the recent FinTech Week London Conference, participating in a panel discussion focused on international payments. FinTech Week London reflects the City's role as a FinTech hub and comprises a week of events culminating in a major conference, which Shoosmiths was proud to sponsor ...
On August 1st, 2024, Law No.21,643 which amends the Labor Code regarding the prevention, investigation and sanctioning of labor, sexual harassment and workplace violence (the “Law”), will enter into force. General Ruling No.3813 (“General Ruling”), issued by the Superintendence of Social Security ("SUSESO") on June 7th, 2024, provides technical assistance in all matters covered by the new Article 211-A of the Labor Code ...
On August 1st, Law No.21,643, which amends the Labor Code regarding the prevention, investigation and sanctioning of labor, sexual harassment and workplace violence (the “Law”), will enter into force. In this context, on June 7th, 2024, the Labor Board issued ruling No. 362/19, which establishes the meaning and scope of the amendments introduced by the Law (the “Ruling”). The most relevant aspects of the Ruling are the following: 1 ...
June 14, 2024 By: Tricia A. Pham and Alexandra M. Shulman On Thursday, June 13, 2024, in Starbucks Corp. v. M. Kathleen McKinney, Case No. 23-367, the U.S. Supreme Court ruled that district courts must apply a strict, four-factor test when adjudicating requests for preliminary injunctions brought by the NLRB against the employers it charges with unfair labor practices ...
In a unanimous decision today, the Supreme Court rejected efforts to limit access to the abortion pill mifepristone, overturning an earlier decision by the 5th Circuit Court of Appeals. The Supreme Court ruled that the physicians and medical associations who brought the case did not have the right to challenge the FDA's regulation of the drug. To have standing, plaintiffs must show they have a “personal stake” in the case ...
At a time when Canada and many other countries are taking steps to protect users from harm online,1 a decision was handed down by the Supreme Court of British Columbia (the ?Court?) on January 15, 2024, regarding the conduct of a competitor with respect to complaints about intellectual property infringement made on Amazon?s e-commerce website ...
The gig economy was created out of a desire for services to be on demand with limitless flexibility. If elected, Labour has pledged to provide greater job security and remove the distinction between worker and employee – are the two in conflict? The gig economy is a term that describes a labour market where workers are hired to perform tasks on a short-term, flexible basis, rather than into permanent or full-time jobs ...
Environmental, Social, and Governance (ESG) principles have emerged as a crucial framework for assessing the sustainability and societal impact of businesses ...
A recent Supreme Court decision means that owners of closely held companies with company-owned life insurance policies should take extra precautions to avoid an unexpectedly large estate tax bill from the IRS. On June 6, 2024, the Supreme Court of the United States decided in Connelly v ...
Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner. What matters? Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner ...
A financial institution recently learned what happens when it does not include language in an arbitration agreement to permit a customer to opt out of the arbitration clause. A U.S. district court denied a motion to compel arbitration based on the flawed provision, concluding that it was unenforceable because the bank failed to give the customer an opportunity to opt-out ...
Employees have a statutory right not to suffer discrimination in the workplace and it is essential that employers, and those responsible for managing the workforce, fully understand the legal provisions and the potential consequences of failing to comply. Sexual orientation is one of nine characteristics that are protected by discrimination legislation ...
In the final part of our mini-series in dealing with DSARs, we look at the process of redacting when responding to a DSAR, and in particular, what information should be provided to an employee who has submitted a DSAR. Employees are increasingly seeking to raise DSARs within an employment context and in particular ahead of instigating legal proceedings. Responding to a DSAR can be a challenging, costly, and often time-consuming process ...
