In Surrey County Council v Suez Recycling and Recovery Surrey Ltd [2021] EWHC 2015, the parties had entered into a number of agreements and England’s Technology and Construction Court had to determine what they had ultimately agreed should be the appropriate dispute resolution forum. The Court granted the application for a stay of the proceedings in favour of arbitration, under s.9 of the Arbitration Act 1996 (equivalent to s ...
A new report has found that men have substantially more private pension wealth than women, which may pose challenges when they divorce. In October 2019, Shoosmiths commissioned research to understand the gender gap in pensions and we found that a third of married couples and those in civil partnerships did not know that they were entitled to a proportion of their spouse’s pension on divorce ...
The Court of Appeal has overturned an earlier decision of the High Court in which guidance was given on the circumstances where a child might be able to give consent to the administration of puberty blockers ...
Background On 15 July 2021 the States of Deliberation (Guernsey's parliament) approved the Income Tax (Guernsey) (Amendment) Ordinance, 2021 (the "Ordinance") which makes a number of important amendments to Guernsey's Income Tax Law ...
A key concern for shipowners and lenders will be where to register these new vessels. In this briefing, we consider three factors that usually influence the choice of flag state: (1) financing considerations, (2) recognition for the flag and (3) speed, responsiveness and certainty. Introduction Choosing the flag state where a ship will be registered requires balancing different factors ...
Omega Patents, LLC, v. CalAmp Corp., Appeal Nos. 2020-1793, -1794, (Fed. Cir. Sept. 14, 2021) In its only precedential patent case this week, the Federal Circuit sent a case back for a third trial on the issue of damages. This appeal comes after the second jury trial, in which Omega accused CalAmp of infringing claims of four of its patents. In the prior appeal and the instant appeal, the Court affirmed on the underlying issues of infringement and validity ...
We would like to take this opportunity to remind our readers that the immovable property tax (“TOIP”) and Unused Land Tax deadlines for 2021 are fast approaching next Thursday (the 30th) of September 2021. The 2021 TOIP and Unused Land Tax payment can be submitted at any tax branch or any branches of the following banks: Canadia, ACLEDA, Vattanac, Cambodia Public Bank or ABA Bank ...
[!<CDATA[ Article III standing is one of the most significant rubrics to determine a federal lawsuit’s justiciability. The Supreme Court significantly altered the standing calculus in TransUnion v. Ramirez, 141 S. Ct. 2190 (2021), particularly in putative class actions that allege bare statutory violations unaccompanied by actual harm ...
House Democrats recently released additional legislative proposals that, if passed, would affect several commonly used estate planning techniques. Among those proposals are three that would significantly impact some of the more common wealth transfer strategies. It is too early to tell whether this legislation has any chance of passing, but clients who are planning to use strategies that would be affected by these changes should watch carefully for future developments ...
Below, you will find some practical solutions to prepare you for the labour litigation in Russia. The peculiarity of labour disputes in Russia is that they seldom start with great financial demands from employees. They are more about the status of the organisation, its reputation and similar issues. However, practice shows that given the length and formality of litigation, financial claims, originally insignificant, can turn into fairly large claims, over time ...
On Monday, September 13, 2021, the House Ways and Means Committee released several markups of proposed legislation (the “House Tax Proposals”) intended to pay for various proposed spending initiatives. Importantly, the House Tax Proposals are not entirely consistent with the “General Explanations of the Administration’s Fiscal Year 2022 Revenue Proposals” (the “Green Book”) released by the U.S ...
On Sept. 13, 2021, the House Committee on Ways and Means released the remainder of its numerous tax reform proposals. The proposals will be subject to continued negotiations and are not law. But, the proposals are an indication of what may be coming soon ...
Introduction In the age of the Internet and technology, banking scams and fraud abound. Where such bank fraud is committed, it is often the case that the fraudster disappears and their identity remains unknown. How courts grant relief where the identity of the perpetrator of a bank fraud is unknown was addressed in two Malaysian court decisions in 2021: Zschimmer v Persons Unknown[2021] 7 MLJ 178 (Zschimmer); and Zschimmer v Persons Unknown (No 2)[2021] 3 CLJ 587 (Zschimmer No. 2) ...
Today, the Ninth Circuit upheld California’s new law (AB 51) barring arbitration provisions in employment contracts.The U.S. Chamber of Commerce and other organizations challenged the law in federal court. The district court enjoined the law, ruling that it conflicts with the Federal Arbitration Act. A divided Ninth Circuit panel reversed. Judge Lucero, a Tenth Circuit judge sitting by designation, wrote the majority opinion (joined by Judge Fletcher). Judge Ikuta dissented ...
Another wave of COVID-19 has spread all over Thailand and is raising understandable concerns and generating uncertainty among the business community. With this series of infographics, we take this opportunity to guide you on the key measures and best practices to help you mitigate the effects of the COVID-19 pandemic on your business. Today, we guide you through the debt restructuring options available in Thailand for local or foreign investors ...
Another wave of COVID-19 has spread all over Thailand and is raising understandable concerns and generating uncertainty among the business community. With this series of infographics, we take this opportunity to guide you on the key measures and best practices to help you mitigate the effects of the COVID-19 pandemic on your business ...
Royal Court of Jersey (MacRae, Deputy Bailiff, and Jurats Crill and Dulake) The judgment concerned an application by a Trustee of two Jersey law trusts for the blessing of its decision to give effect to an agreement between beneficiaries regarding division of the trust assets. A key aspect of the agreement was the addition of the late settlor’s widow to the beneficial class of one of the trusts in order for her to receive benefit under it ...
The green light was recently given for two substantive changes in family law practice. First, on 15 February 2022, the Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance (Cap. 639) (Ordinance) and Rules will come into operation. Secondly, there is a new Guidance Noteon Case Management and Time Tabling in Children and Ancillary Relief Proceedings issued by the Judiciary under Practice Direction SL10.4 ...
Key Points Opponents of the proposed Oakland A's stadium at Howard Terminal argued that the Governor missed a deadline to certify the project for an expedited environmental review pursuant to Assembly Bill (AB) 734, a special purpose bill. AB 734 contained no explicit deadline for certification, but it incorporated guidelines from AB 900, as amended, which did include a certification deadline ...
In re: MaxPower Semiconductor, Inc., Appeal No. 2021-146 (Fed. Cir. Sept. 8, 2021) In its only precedential patent case this week, the Federal Circuit denied a mandamus petition relating to the PTAB’s institution of inter partes reviews of MaxPower’s patents. The case touches on, but does not completely resolve, whether the PTAB can institute inter partes reviews where the parties have agreed to arbitrate those disputes ...
In July 2021, new private law cases received by Cafcass (the Children and Family Court Advisory Support Service) fell by over 16%. According to the latest figures published by Cafcass this week, they received a total of 3,774 new private law cases in July 2021, 740 cases (16.4%) fewer than in July 2020. Private law cases generally consist of applications made to the family court by a parent or carer of a child following a divorce or separation ...
On 7 July 2021 we hosted the second event in our webinar series on International Arbitration, Regional Perspectives and focused on arbitration in Asia ...
Employee Retention Credits (“ERC” or “credits”) are available to eligible employers that paid qualified wages after March 12, 2020, and before January 1, 2022. Multiple pieces of legislation and Internal Revenue Service (“IRS”) guidance expanded and modified the ERC rules and determination of eligibility for ERC, and computation of the credits may vary based on each individual calendar quarter in 2020 and 2021 ...
