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ENS | February 2020

NEWSFLASH The commencement date of POPIA is no April Fool’s joke. the Chairperson of the Information Regulator, Advocate Pansy Tlakula, recently sent a request to President Cyril Ramaphosa to declare that the remaining provisions of the Protection of Personal Information Act, 2013 (“POPIA”) commence on 1 April 2020 (“commencement date”). it is expected that the president will act on this request ...

ENS | February 2020

Case Law The Tax Court of South Africa, Cape Town IT 24819 whether insufficiency of funds was not reasonably foreseeable, and therefore constitutes reasonable grounds for non-payment of employees tax, considered. correct interpretation of the number of days for payment of employees tax considered as a point in limine. find a copy of this judgment here ...

ENS | February 2020

In terms of the Mine Health and Safety Act, 1996 (the “MHSA”), the employer of a mine is required to ensure health and safety as far as reasonably practicable (sections 2 and 5) ...

ENS | February 2020

Following the presentation of the 2020 Budget proposal and Finance Bill, 2019 to the National Assembly in October 2019, the President of the Federal Republic of Nigeria, MR. Muhammadu Buhari, signed the Bill into law on 13 January 2020. The Finance Act, 2019 (the “Act”) introduces amendments to the Companies Income Tax Act, Value Added Tax Act, Petroleum Profits Tax Act, Personal Income Tax Act, Capital Gains Tax Act, Customs and Excise Tariff Act and Stamp Duties Act ...

Kudun and Partners | February 2020

Thailand is at a powerful crossroads in its economic development. After several decades of consistent growth, it is now preparing to finally break through and become a high-income nation. To do this, it is focusing on smart industry. A high-income Thailand is one driven by technological progress, so the government has begun pouring money into robotics and automation ...

Kudun and Partners | February 2020

Thailand’s future is set to be more connected, technologically advanced and economically prosperous than ever. This being driven by one development in particular: the Eastern Economic Corridor (EEC) ...

Dinsmore & Shohl LLP | February 2020

The False Claims Act (FCA) was enacted to punish and deter fraud against the United States, and to recover moneys obtained through such fraud. Whether an alleged fraud was actually against the United States is a threshold question not posed in the typical FCA case, where allegations usually involve claims for payment submitted to the Army, Navy, Medicare, or other entity clearly part of the federal government. But some cases are not so clear ...

The 2020 Regular Session of the West Virginia Legislature just reached the 30th day, or its half way point. As of today, the House has introduced 1289 bills, while the Senate introduced 725. We will continue reporting on and tracking the progress of significant legislation during the course of the session. During the legislative process, certain critical deadlines are imposed by the Legislature that impact the consideration of pending bills and their chances of success ...

In another step in President Trump's ongoing efforts to relax environmental restrictions impacting economic development, on January 10, 2020, the Council on Environmental Quality published its proposed rulemaking to update its regulations for implementing procedural provisions of the National Environmental Policy Act ("NEPA") ("Proposed Rule"). The deadline for filing comments on the Proposed Rule is March 10, 2020 ...

ENS | February 2020

Key points and impact Privacy / Data Protection Personal Data Protection Law, Law No. 22/11 of 17 June 2011 The Law was approved in 2011 ...

ENS | February 2020

Below, please find ENSafrica’s Mining Indaba ENSight, covering trends and recent developments impacting South Africa’s mining industry in the coming year; and the controversial issue of artisanal mining in South Africa: South Africa: legislative developments in mining in 2020 and their relation to optimising growth and investment in the digitised mining economy (Lloyd Christie) Calls to decriminalise artisanal mining (interview with Ntsiki-Adonisi Kgame, fi

Carey | February 2020

On November 11, Law No. 21, 180 on Digital Transformation of the Administration was published. Its purpose is to initiate the process of digitalization and modernization of the administrative procedures followed before the Chilean Government administration bodies ...

Hanson Bridgett LLP | January 2020

The Governor's Office of Planning and Research (OPR) has recently issued two technical advisories with helpful California Environmental Quality Act (CEQA) guidance on two prominent California land use topics. The first advisory outlines potential CEQA exemptions for immediate-term disaster recovery, with the goal of helping communities and public agencies prepare their climate change adaptation and resilience strategies ...

In last quarter’s issue, we discussed the rise of digital currencies and the blockchain, or distributed ledger, technology that supports them. We now turn our focus to how the financial industry and governments have embraced this technology and are working to adapt it to traditional banking services and applications as far ranging as recording property transfers and safeguarding nuclear missiles ...

Near the end of 2007, the United States was hit by the subprime mortgage market meltdown. For years before, the public had experienced a steady increase in home prices and a seemingly never-ending supply of mortgage lending. Homeowners were able to enjoy ever-increasing home equity and mortgage products, virtually guaranteeing that anyone who wanted to get financed could ...

Dinsmore & Shohl LLP | January 2020

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced several enforcement actions and settlements for violations of Health Insurance Portability and Accountability Act (HIPAA) rules. OCR Secures Voluntary Resolution with Hospital to Settle Provision of Auxiliary Aids and Services to Deaf or Hard-of-Hearing Individuals On Jan ...

Dinsmore & Shohl LLP | January 2020

The U.S. Department of Justice (DOJ) recently announced that in Fiscal Year 2019 (FY2019),1 total settlements and judgments in False Claims Act (FCA) cases rebounded back over the $3 billion mark after dipping to $2.9 billion in FY2018. The Department’s annual statistical overview of FCA-related fraud actions2 showed nearly three-quarters of recovered funds, or $2 ...

ENS | January 2020

On 17 January 2020, the Chief Inspector of Mines for the Mine Health and Safety Inspectorate of the Department of Mineral Resources and Energy issued new guidelines and guidance notes in the Government Gazette in terms of section 49(6) of the Mine Health and Safety Act, 1996 (the "MHSA"), making these guidelines legally enforceable. These new guidelines and guidance notes must be read and interpreted in conjunction with the MHSA ...

Hanson Bridgett LLP | January 2020

This article updates information published in "Is Your Online Business Accessible To Persons With Disabilities?" In 2018, practitioners scouring nationwide federal court records identified more than 2,250 lawsuits filed alleging website inaccessibility under Titles II and III of the Americans with Disabilities Act (ADA)1 ...

Makarim & Taira S. | January 2020

On 12 December 2019, the new Minister of State Owned Enterprises, Erick Thohir, issued new Ministry of State Owned Enterprises Regulation No. PER-08/MBU/12/2019 on General Guidelines on the Implementation by State Owned Enterprises of the Procurement of Goods and Services (“MSOE Reg 8/2019”), which came into force on 16 December 2019. This regulation replaces the previous regulation, MSOE Regulation No. PER-05/ MBU/2008 as amended by MSOE Regulation No ...

As you know, the 2020 Regular Session of the West Virginia Legislature commenced on January 8. As of this writing, the House has introduced 903 bills, while the Senate has introduced 467. We will be reporting on and tracking the progress of significant legislation during the course of the Session. During the legislative process, certain critical deadlines are imposed by the Legislature that impact the consideration of pending bills and their chances of success ...

Dinsmore & Shohl LLP | January 2020

Why is H-1B Filing Season Important? This is the only time of year (with minor exceptions indicated below) U.S. Citizenship and Immigration Services (USCIS) accepts H-1B specialty worker petitions for the next fiscal year, which begins Oct. 1, 2020 ...

Dinsmore & Shohl LLP | January 2020

On Jan. 8, 2020, the Centers for Medicare and Medicaid Services (CMS) published an informational bulletin titled “Best Practices for Avoiding 340B Duplicate Discounts in Medicaid.”[1] The bulletin outlines seven regulatory strategies State Medicaid agencies may consider when developing policies for preventing the occurrence of duplicate discounts in Medicaid Fee-for-Services (FFS) and Medicaid Managed Care Organization (MCO) programs ...

Dinsmore & Shohl LLP | January 2020

The 2019 proxy season marked a year of continued changing voting behavior. Though patterns and trends of the past season do not seem to indicate changes beyond marginal impact, the 2019 season can serve to set expectations for the 2020 proxy season ...

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