It is well established under Ohio law that an injured worker is not eligible to participate in the workers' compensation system for a psychological condition unless it arises from their physical injury. While this remains the case, an exception is being considered to allow first responders to receive benefits should they experience post-traumatic stress disorder due to on-the-job factors. In Armstrong v. John R. Jurgensen Co ...
2020 was an especially active year for FCA enforcement. What does this tell us about compliance in the coming year? Bradley Government Enforcement and Investigations partners Jon Ferry, Ty Howard, and Brad Robertson discuss how the enforcement environment drives compliance, and the areas of risk companies need to focus on this year ...
On Monday, March 8, 2021, President Joe Biden issued a new executive order, which will require a new look at how schools address sex discrimination ...
On February 24th, 2021, the President has signed the law increasing administrative penalties for the breach of personal data laws and introducing new penalties for the breach of information laws. The law enters into force on March 27th, 2021. Liability terms for communication providers’ failure to en-sure sustainable operation enter into force on February 1st, 2023 ...
Brexit and other developments such as the Schrems 2.0 judgment have had and will have a significant impact on, in particular, data protection laws that apply and how businesses transfer their data internationally. What does the EU-UK Trade and Cooperation Agreement say? Data protection is not dealt with in much detail in the Trade Agreement, although it includes a ‘temporary bridge’ mechanism for the free flow of personal data from the EU/EEA to the UK ...
FINANCIAL SERVICES BNM announces new funds for SMEs On 5 February 2021, Bank Negara Malaysia ("BNM") announced: an additional RM2 billion for the Targeted Relief and Recovery Facility (“TRRF”); the establishment of a RM200 million Disaster Relief Facility (“DRF”) 2021. TRRF The TRRF was a facility announced in the Budget 2021, established to assist eligible SMEs in the services sector ...
On March 4, 2021, Exempt Resolution No. 625 of the Ministry of Mining (“Res. No. 625”) was published in the Official Gazette. Res. No. 265 sets forth a citizen consultation process on the proposal to amend Supreme Decree No. 248 of 2007, which approved the Regulations on the Approval of Projects of Design, Construction, Operation and Closure of Tailings Dams (the “Regulations”) ...
The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503,1 recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority. The GAO's decision in this case is noteworthy because agencies are increasingly relying on OTAs to meet their procurement needs ...
Signals from the SEC regarding the growing importance to the Commission of ESG disclosures keep coming, seemingly daily. The recently appointed acting director of the Division of Corporation Finance has long pushed the agency for “relevant, material, decision-useful ESG disclosure.” More recently, the SEC announced the creation and filling of the position of senior policy advisor for climate and ESG in the office of Acting Chair Allison Herren Lee ...
There were a lot of good green measures in the Budget and the government deserves credit for recognising the vital role that net zero transition will play in determining our future prosperity. Not just building back stronger but building back greener, with reference clearly made to the role the headline announcement of Freeports will have in supporting the delivery of the UK’s clean energy revolution ...
The Chancellor announced the first eight Freeport locations: Solent, East Midlands Airport, Felixstowe & Harwich, Humber, Liverpool City Region, Plymouth and South Devon, Teesside and Thames ...
The Supreme Court has declined to take up the issue of False Claims Act (FCA) “objective falsity” in relation to medical opinions, denying certiorari in paired cases from the Third Circuit (United States ex rel. Druding v. Care Alternatives, Inc.)[1] and Ninth Circuit (Winter ex rel. United States v. Gardens Reg’l Hosp. & Med. Ctr., Inc.) ...
It’s been more than a year since the COVID-19 pandemic began, and many companies are attempting to market products intended to help consumers deal with the risks associated with COVID-19. Some of the most common examples of such products include face masks, testing devices, hand sanitizers, and hard-surface disinfectants ...
On 19 February 2021, the Supreme Court handed down a landmark judgment which confirmed that Uber drivers are workers and not independent contractors. We look at the basis for the decision and what it means for other employers. Background This case began back in 2016, when Uber drivers Mr Aslam, Mr Farrar and others submitted a claim to the Employment Tribunal (ET) regarding their employment status ...
From 1 April 2021, a 2% Stamp Duty Land Tax (SDLT) surcharge will apply to non-UK residents purchasing residential property in England & Northern Ireland. However, what is meant by a non-UK resident in these circumstances can result in some surprising outcomes ...
The SyCipLaw T.I.P.S. for February covers the following tax issues: 1. What are the new and simplified guidelines and procedures on the use of Computerized Accounting Systems, Computerized Books of Account, and/or its Components, including Electronic Storage System? The Bureau of Internal Revenue (BIR) issued Revenue Memorandum Order No. 9-2021 (RMO No ...
The period for filing complaints to challenge 2020 property tax values in Ohio ends on March 31, 2021. For properties assessed in a 2020 county reappraisal or update, a reduction in the 2020 value may offer greater tax savings now than at any point for the next three tax years. However, the potential impact of COVID-19 on tax year 2021 values must be carefully considered ...
The Federal Acquisition Regulation (FAR) Council recently issued its long-awaited final rule1 limiting the ability of civilian agencies to use the Lowest Price Technically Acceptable (LPTA) procurement method. The final FAR rule — which took effect on February 16, 2021, and largely tracks the language contained in the Defense Federal Acquisition Regulation Supplement (DFARS) final rule from 2019 2 — is codified at FAR 15.101-2 ...
With the new year comes a new president. Will the new year and administration also bring new water policy? Bet on it. Just as President Trump undid President Obama’s signature water policy decision—the Clean Water Rule, which clarified and arguably expanded federal water permitting jurisdiction—President Biden is likely to rewind many of President Trump’s water policy (and, more generally, environmental policy) decisions over the next four or more years ...
On 25 February, 2021 the triumvirate of European Supervisory Authorities, the EBA, EIOPA and ESMA (the "ESAs") published a joint statement on the effective and consistent application and national supervision of the Sustainable Finance Disclosure Regulation ("SFDR"). The joint statement is intended to help mitigate the risks of divergent application of the SFDR, and promote a level playing field to protect investors ...
San Francisco Superior Court Judge Ethan Schulman ruled yesterday that Cal/OSHA can continue to enforce its COVID-19 Emergency Temporary Standard Regulation (ETS), at least for now. On February 25, 2021, Judge Schulman issued an order denying Plaintiffs' applications for a preliminary injunction halting enforcement of the Cal/OSHA's COVID-19 Emergency Temporary Standard Regulation (ETS) in two cases ...
It’s been more than a year since the COVID-19 pandemic began, and many companies are attempting to market products intended to help consumers deal with the risks associated with COVID-19. Some of the most common examples of such products include face masks, testing devices, hand sanitizers, and hard-surface disinfectants ...
On 24 February 2021, the Finance Secretary Paul Chan delivered the 2021-22 Budget which highlighted upcoming government initiatives to promote the establishment of and re-domiciliation of offshore funds to Hong Kong using the Hong Kong open-ended fund company structure (OFC) ...
