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Shoosmiths LLP | February 2023

The idea of achieving purpose alongside profit has been part of the business world for centuries, but the importance placed on it has reached new heights in recent years. How can charities help? “In every corner of our lives and our country, civil society can be found ...

Shoosmiths LLP | February 2023

Developers have been given six weeks to sign a contract to commit an estimated £2 billion to the repair of unsafe buildings. The Department for Levelling Up, Housing and Communities (DLUHC) previously announced that over 49 developers had signed a pledge committing to remediate “life critical fire safety works” in buildings over 11m that they were involved in developing and refurbishing in the last 30 years in England ...

Shoosmiths LLP | February 2023

On 24 January 2023 the government launched a consultation seeking feedback on its draft statutory Code of Practice on Dismissal and Re-engagement (sometimes known as “fire and rehire”). The consultation remains open until 18 April 2023. The draft code does not apply to redundancy situations ...

Shoosmiths LLP | January 2023

There are less than 12 months until new mandatory biodiversity net gain (BNG) requirements are enforced as part of the Environment Act 2021. The legislation will require all new developments in England (bar a few exceptions) to deliver at least 10 per cent BNG – impacting both commercial and residential developers. Although the Environment Act received Royal Assent in November 2021, secondary legislation is set to be introduced to enable the relevant provisions to take effect ...

Shoosmiths LLP | January 2023

The key objective of the Building Safety Act 2022 is to improve building safety across the built environment, with a particular focus on the residential sector. The BSA received Royal Assent in April 2022 and will be implemented in stages ...

Shoosmiths LLP | January 2023

The Government has published its response to questions regarding “in occupation” higher-risk buildings.  Part 4 of the Building Safety Act 2022 (BSA) contains provision about the management of building safety risks in occupied higher-risk buildings. The draft Higher-Risk (Key Buildings Information etc) (England) Regulations 2023 sets out in more detail the allocation of responsibilities and obligations to be provided under that Part ...

Mamo TCV Advocates | January 2023

  In Case C-633/20 of the European Court of Justice (the ‘Court’) delivered on the 29th September 2022, the First Chamber of the Court produced a judgment (the ‘Judgment’) in response to a reference for a preliminary ruling concerning the definition of ‘insurance intermediary’ in the context of Directive 2016/97 (the ‘Insurance Distribution Directive’ or the ‘IDD’) and Directive 2002/92 (the ‘Insurance Mediatio

Carey Olsen | January 2023

The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs, alternative dispute resolution and (ADR) arbitration. To access our guides please click on the jurisdictions below: Bermuda British Virgin Islands Cayman Islands Guernsey  Jersey To access the complete series of guides, please click here ...

Kudun and Partners | January 2023

1. Background and Rationale The Thai financial market has been revolutionized by rapid changes in technology, particularly, with the advent of distributed ledger technology (“DLT”) and digital assets in recent years. This has led to a surge of interest from traditional investors and corporate entities, both small and large, eager to participate in this dynamic market. These technologies have been driving financial innovation and progress ...

Dinsmore & Shohl LLP | January 2023

As previously discussed in our January 5, 2023 legal alert, the Pennsylvania Department of Human Services (“Pennsylvania DHS”) issued a Medical Assistance Bulletin (the “Bulletin”) in late December, 2022 that had the potential to put 340B savings at risk in Pennsylvania ...

Dinsmore & Shohl LLP | January 2023

On January 26, the Food and Drug Administration (“FDA”) threw up its hands, concluding cannabidiol (“CBD”) products are not a good fit for the agency’s food and supplement framework. Instead, the FDA is calling on Congress to develop a new regulatory pathway for CBD “that balances individuals’ desire for access to CBD products with the regulatory oversight needed to manage risks ...

  The U.S. does not have a federal data privacy law. In the absence of an all-encompassing data privacy law, the U.S. has a myriad of individual state privacy laws. The significant state data privacy laws that are often used as models are the California Privacy Rights Act (which amends that California Consumer Privacy Act), the Virginia Consumer Data Privacy Act, the Colorado Privacy Act, and the Illinois Biometric Information Privacy Act ...

Carey Olsen | January 2023

CONTENTS  General Litigation funding Initiating a lawsuit Pre-trial proceedings Discovery Injunctive relief Trials and hearings Settlement Damages and judgment Appeal Costs Alternative Dispute Resolution (ADR) Arbitration Outlook and COVID-19   GENERAL   General Characteristics of the Legal System Jersey is one of the relatively few jurisdictions that have a “mixed” legal system ...

Carey Olsen | January 2023

CONTENTS General Litigation funding Initiating a lawsuit Pre-trial proceedings Discovery Injunctive relief Trials and hearings Settlement Damages and judgment Appeal Costs Alternative Dispute Resolution (ADR) Arbitration Outlook and COVID-19   GENERAL    General Characteristics of the Legal System The Bailiwick of Guernsey is a British Crown dependency ...

Carey Olsen | January 2023

CONTENTS General Litigation funding Initiating a lawsuit Pre-trial proceedings Discovery Injunctive relief Trials and hearings Settlement Damages and judgment Appeal Costs Alternative Dispute Resolution (ADR) Arbitration Outlook and COVID-19   GENERAL   General Characteristics of the Legal System Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the UK ...

Carey Olsen | January 2023

CONTENTS General LItigation funding Initiating a lawsuit Pre-trial proceedings Discovery Injunctive relief Trials and hearings Settlement Damages and judgment Appeal Costs Alternative Dispute Resolution (ADR) Arbitration Outlook and COVID-19   GENERAL   General characteristics of the Legal System  Sources of law As a largely self-governing British Overseas Territory, the legal system of the British Virgin Islands (BVI) is rooted in English common law and eq

Carey Olsen | January 2023

CONTENTS General Litigation funding Initiating a lawsuit Pre-trial proceedings Discovery Injunctive relief Trials and hearings Settlement Damages and judgment Appeal Costs Alternative Dispute Resolution (ADR) Arbitration Outlook and COVID-19   GENERAL   General Characteristics of the Legal System The Cayman Islands is a common law jurisdiction. Litigation is primarily adversarial and is conducted through both written submissions and oral argument ...

On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the Clean Water Act (CWA). This 2023 Rule follows years of uncertainty as to the scope of CWA jurisdiction that has included nationwide litigation and multiple Supreme Court decisions ...

Dykema | January 2023

In a January 17, 2023, speech at Georgetown University Law Center, Assistant Attorney General Kenneth Polite, Jr., for the DOJ’s Criminal Division, announced revisions of DOJ’s Corporate Enforcement Policy (“Policy”) to offer greater leniency to companies willing to (1) report their own misconduct to the government and (2) offer “extraordinary cooperation” once an investigation begins. Old Policy ...

Carey Olsen | January 2023

Case summary: C v D [2022] JRC205 The case involved an application by C for a declaration that her marriage to D was void ab initio. D, the Respondent, argued that the Court could not make a finding of nullity in the circumstances of the case.   Background C and D married in October 2017 at the Office of the Superintendent Registrar in St Helier. C had a history of mental health difficulties and had received significant support and interventions from Adult Social Services ...

Dinsmore & Shohl LLP | January 2023

On January 19, 2023, the Department of Homeland Security reached a Settlement Agreement in Edakunni v. Mayorkas. The Agreement requires United States Citizenship and Immigration Services (USCIS) to adjudicate Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization at the same time for H-4 and L-2 dependents when these forms are filed with the underlying Form I-129 nonimmigrant petition ...

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