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Carey Olsen | December 2022

Guernsey listed funds In addition, Guernsey has for some time been the domicile of choice for non-UK companies listing on the main market of the London Stock Exchange (“LSE”) and the Alternative Investment Market (“AIM”) ...

Buchalter | December 2022

December 6, 2022 By: Alexander Davis and Manuel Fishman In March 2020, the voters of San Francisco approved Proposition D, also known as the Commercial Vacancy Tax. The ordinance applies to ground floor, street-facing, commercial properties within any of the 32 districts listed in Section 201 of the Planning Code (which the regulation defines as “Taxable Commercial Space”) ...

Schwabe, Williamson & Wyatt | December 2022

The American Bar Association (ABA) has issued its second formal opinion concerning Model Rule 4.2 in as many months. The so-called “no-contact rule” prohibits a lawyer from having contact with a represented party about the subject of the representation. The Rule does not, however, account for the “reply all” function in email communications ...

Schwabe, Williamson & Wyatt | December 2022

In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to prioritize those issues the past few years, and may not have had much, if any, time and resources available to devote to other non-pandemic-related employment law changes ...

Carey Olsen | December 2022

This is a question that arises with some regularity in trust administration, and one to which the English Court has offered a very welcome answer in the recent case of Sarah Butler-Sloss & Others v Charity Commission [2022] EWHC 974. This case has potentially wide-ranging implications and in this article we will focus on those relevant to trustees of Guernsey-law trusts ...

Schwabe, Williamson & Wyatt | December 2022

Treehouse Avatar LLC v. Valve Corp., Appeal No. 2022-1171 (Fed. Cir. Nov. 30, 2022) In the only precedential patent opinion issued by the Federal Circuit this week, the Court affirmed a district court’s summary judgment ruling that appellee Valve Corporation’s popular “Dota 2” and “Team Fortress 2” online videogames did not infringe Treehouse Avatar’s U.S. Patent No ...

Schwabe, Williamson & Wyatt | December 2022

As previously discussed, the federal district court deciding Christian Bruckner’s lawsuit to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around $37 billion) of transportation funding for “small business concerns” owned and controlled by “socially and economically disadvantaged individuals” issued an order directing (1) the parties to submit supplemental briefing describing the “administrative and implementation of the DBE p

Carey Olsen | December 2022

Earlier this year, the Hong Kong Court of First Instance gave its reasons for its decision in the matter of Re WSY.*   As is becoming increasingly common, this case involved the issue of how to deal with the assets of someone who had lost capacity, what is known in Hong Kong as a mentally incapable person, or MIP.  One of the issues was whether to make provision for religious charities from the MIP's assets. In this instance the relevant MIP was known in the proceedings as WSY ...

Lavery Lawyers | December 2022

In the decision in 9058-4004 Québec inc. c. 9337-9907 Québec inc.1 rendered on October 21, 2022, the court granted compensation to a subcontractor for its extrajudicial fees further to a general contractor?s unfounded contestation of its claim as part of a hypothecary action. The facts In May 2019, Portes de garage Citadelle Ltée (?Citadelle?) and general contractor 9337-9907 Québec inc ...

Hanson Bridgett LLP | December 2022

Key points: Limited duration for post-retirement employment will mean up to 24 consecutive months, with potential extensions up to 48 consecutive months, or longer with CalPERS' approval. The 24-month rule will also apply to time served by active employees appointed to upgraded positions or classifications for purposes of reporting "temporary upgrade pay" to CalPERS ...

Buchalter | December 2022

December 2, 2022 By: Anna G. Thomas To increase transparency regarding payments to physicians by drug and medical device companies, Governor Newsom signed AB 1278, which imposes certain additional disclosure obligations on physicians.  Beginning on January 1, 2023, physicians will be required to comply with new patient notice and posting requirements. Notice to Patients Under this law, physicians must provide to patients an Open Payments database notice ...

There’s a common quip in Washington that federal employees leaving their jobs to work in the private sector are “going to the Dark Side.” However, what is not so funny for federal contractors and former executive branch employees is when the application process for — or the performance of work at — the new job runs afoul of ethics laws and regulations. For example, Oracle America Inc ...

Carey Olsen | November 2022

Alternative Dispute Resolution in Jersey In Jersey the courts do not experience the same delays as the English system. This year, in Jersey the family court has moved to a new location at International House – which has been specially designed to encourage parties to settle their matters outside the court. The new court provides various comfortable meeting rooms and parties are encouraged by the Registrars to attend court early to see if a resolution can be found ...

Carey Olsen | November 2022

Recent upheavals sweeping the globe, including significant changes in social and familial structures and technological, political and economic shifts, have quite obviously also stoked the fire of underlying family tensions with incendiary results. Often the next generation fails to conform to the expectations of the wealth-originating generation and their goals and ambitions can diverge quite significantly ...

Buchalter | November 2022

November 29, 2022 By: Michael Flynn On October 31, 2022, Buchalter posted a Client Alert regarding the Small Business Administration’s (SBA) intent to lift its long-standing moratorium on adding more Small Business Lending Companies (SBLCs) that can make 7(a) program ...

Generally, an “accord and satisfaction” is an agreement between two or more contracting parties to accept an alternate agreement and performance in lieu of a preexisting contractual duty between the parties.  The new agreement is the “accord,” and the subsequent performance of the new agreement is the “satisfaction ...

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