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As the financial services sector has developed and adopted technology, there has been a significant growth in Deferred Payment Credit, more commonly referred to as ‘Buy Now, Pay Later’ (“BNPL”) by consumers. Demonstrating the scale of growth, news outlets have recently reported that over £10 billion has been lent to consumers by BNPL companies in the last three years ...
The so–called short swing profit rule ("SSPR") is originally provided in the PRC Securities Law ...
Although developments in higher education on the issue of affirmative action in admissions may not seem relevant to private employers, the U.S. Supreme Court’s recent decision should prompt employers to reexamine their own diversity, equity, and inclusion (“DEI”) and voluntary affirmative action initiatives to ensure that employment decisions are not unlawfully based on membership in protected classifications ...
Employees have a right under data protection law to access their personal data processed by their employer. But what is essential and best practice for an employer to consider when responding to such request? There has been a noticeable trend of an upward increase in employee DSARs over the last few years, mainly stemming from employee disputes in the workplace such as grievances and tribunal proceedings ...
This year, the Federal Trade Commission (the “FTC”) and the Department of Justice (the “DOJ”) have been modifying antitrust guidance related to healthcare, and recently enacted three notable changes. First, the FTC and DOJ jointly issued updated Draft Merger Guidelines (the “Draft Guidelines”) to address the way the agencies evaluate a merger to determine its effect on competition ...
On 31 July 2023, significant changes to the Eastern Caribbean Supreme Court Civil Procedure Rules ("ECSC CPR") will come into effect. Arguably the most significant changes for parties to litigation in the BVI Commercial Court are the amendments to ECSC Part 7, governing service of proceedings out of the jurisdiction ...
On 10 July 2023 in his Mansion House speech, Chancellor Jeremey Hunt announced the government’s plans to transform the UK’s financial services sector. The announcement was followed the next day by a raft of consultation documents from the DWP addressing a range of pension reforms aimed at boosting outcomes for pension savers and supporting growth across the wider economy ...
As the Procurement Bill reaches its final stages before royal assent, we take a look at some of the changes made since its introduction in May 2022. Whilst the Bill has not undergone radical changes, between the Commons and the Lords, there have still been some interesting additions. We will revisit these changes following consideration of Commons amendments scheduled for September 2023 ...
Australia's Federal Court finds in favour of Nine newspapers against Ben Roberts-Smith. The judgement is a win for investigative journalism and the public’s right to know. Defence was lead by Peter Bartlett, MinterEllison. Nine newspapers’ victory in the Ben Roberts Smith vs Nine defamation case strengthens a core principle of journalism, and key tenant of democracy, which is the public’s right to know ...
On June 7, 2023, the Minister of Finance of Quebec tabled and presented Bill 30 before the National Assembly, an omnibus bill entitled An Act to amend various provisions mainly with respect to the financial sector (hereinafter the ?Bill?). The Bill includes certain amendments to the provisions of the Insurers Act (?IA?) and the Act respecting the distribution of financial products and services (?DA?) ...
July 21, 2023 By: Robert S. Cooper The Adolph v. Uber Ruling Thwarts The U.S. Supreme Court’s Landmark Viking Decision In a widely anticipated but unsurprising ruling, the California Supreme Court on July 17, 2023 issued its decision in Adolph v. Uber Technologies, Inc., (S274671) weighing in on the United States Supreme Court’s (“SCOTUS”) recent landmark decision in Viking River Cruises, Inc. v. Moriana, (2022) 596 U.S. __, [142 S. Ct 1906] (Viking) ...
Following the adequacy decision, as outlined in our previous article, personal data may be transferred from the EU/EEA to companies in the US that are listed on the «Data Privacy Framework List«. The EDPB confirms in their information note that in these cases, there is no need to establish other transfer tools ...
On July 3, 2023, Ohio’s biennial budget bill[1] was signed into law by Governor Mike DeWine. In addition to major budget provisions, the bill also includes notable changes to Ohio’s Medical Marijuana Control Program (“MMCP”), the state program that regulates and licenses cultivators, processors, testing laboratories, dispensaries and medical marijuana cardholders. Beginning January 1, 2024, the MMCP will be under new management ...
As previously reported on this site, nuclear generation development has taken hold as a potential promise for a long-term, genuinely carbon-free power supply. The momentum of this potential is rapidly gaining steam (no pun intended) both internationally and domestically, posing the domestic energy policy question of whether the U.S. is sufficiently poised to capitalize on this momentum ...
In a decision issued late last month, the U.S. Court of Appeals for the Second Circuit provided new guidance on the rules governing the U.S. Securities and Exchange Commission's ability to seek the remedy of disgorgement in enforcement actions. The new guidance continues the process of resolving uncertainty left by the U.S. Supreme Court's 2020 decision in Liu v ...
The Regulations implement most of the recommendations made to the government in the Grenfell Tower Inquiry Phase 1 report which require a change in the Law and impact those responsible for buildings with at least two residential units and common parts ...
On 17 July 2023, the Financial Stability Board (FSB) published its High-level Recommendations for the Regulation, Supervision and Oversight of Crypto-asset Activities and Markets: Final report (Report A) and its revised High-level Recommendations for the Regulation, Supervision and Oversight of Global Stablecoin Arrangements: Final Report (Report B) ...
Yesterday, the Financial Conduct Authority (FCA) published a consultation paper on social media guidance for firms promoting financial services and products. The draft guidance does not contain anything new so far as "dos and don'ts" for promotional material - including the new rules set to come into force on 8 October this year regarding promotion of crypto-related investments (see relevant article here) ...
On July 13, 2023, Law No. 21,586 was enacted. This law amends Law No. 21,435 to extend the term to fulfill certain requirements set forth therein, and also amends the Water Code to introduce an administrative procedure to clarify and complete titles of water rights (“WR”). Amendments to Law No ...
On July 13, 2023, the Cyberspace Administration of China ("CAC"), together with the National Development and Reform Commission, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the National Radio and Television Administration issued the Interim Measures for Generative Artificial Intelligence Services (the "Interim Measures"), which will come into effect on August 15, 2023 ...
On July 14, 2023, the Ministry of Science and Technology of the PRC ("MOST") issued the Notice on Updating the Guidelines on Administrative Approval Items and the Scope and Procedures for Filing and Prior Reporting of Human Genetic Resources, which unveiled six documents, including the administrative guidelines on collection approval, biobanking approval, exportation approval and international collaboration approval of human genetic resources ("HGRs"), as well as the scope and procedures for int
Please be informed of the adoption of a number of legislative and regulatory acts that impose restrictions on the use of foreign programs and products in the government and financial sectors ...
On July 16, 2023 the President of the Russian Federation signed Decree 'On Amendments to the List of Movable and Immovable Property, Securities, Shares in the Authorized (share) Capital of Russian Legal Entities and Property Rights, in respect of which Interim Administration is introduced, approved by the Decree of the President of the Russian Federation dated April 25, 2023 No. 302' No. 520 (“Decree No. 520”)1. Decree No ...
Buchalter Client Alert July 17, 2023 By: Melissa Richards Florida has enacted its own Commercial Financing Disclosure Law (“CFDL”) that is similar to California and New York’s disclosure laws. The Florida CFDL applies to covered “Commercial Financing Transactions” consummated on or after January 1, 2024 that are $500,000 or less and originated by a covered “Provider ...
