INTRODUCTION: Recently, Spilman's Director of Energy & Transportation Services, Scott Rotruck, interviewed David Spigelmyer, president of the Marcellus Shale Coalition (MSC) ...
Over the years, the Quebec courts have repeatedly stated that dismissed employees have a duty to mitigate the damages they suffer as a result of a dismissal. This obligation, which is now codified in the Civil Code of Québec,1 has been adapted to the circumstances of the cases over which the courts have presided. The question, then, is whether the COVID-19 pandemic is likely to have an impact on a dismissed employee?s obligation to mitigate damages ...
Oil markets have fallen significantly since the latest round of borrowing base redeterminations in September and October. The next scheduled round of redeterminations is set for March. Expectations are that there will be substantial downward pressure on producers’ borrowing bases. Some reductions could trigger mandatory principal amortization which would have serious consequences for highly leveraged oil and gas companies ...
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 ...
Free movement of workers from the European Economic Area (EEA) was ended by Brexit and the UK Government introduced the EU Settlement Scheme to bridge the gap between the UK’s two immigrations systems of those coming from the EEA, and those coming to the UK from outwith the EEEA. The EU Settlement Scheme is a mechanism for any EEA citizen who lived in the UK before 31 December 2020 to remain lawfully in the UK ...
In 1956, the American Association of Professional Landmen (“A.A.P.L.”) published the first version of its model form Joint Operating Agreement (“JOA”), which it later revised in 1977, 1982, and 1989 (the “A.A.P.L. form”). Since that initial publication, the oil and gas industry has universally adopted the A.A.P.L. form as its standard JOA. The industry has also since adopted horizontal drilling and development as a popular method to recover hydrocarbons ...
Economic torts provide relief in relation to intentional interference with economic interests. This collection of torts can be divided into two categories: deceptive market practices and improper market practices. This paper concerns itself exclusively with the latter, examining the torts of inducing breach of contract, unlawful interference with economic interests and civil conspiracy ...
Since 1965, the West Virginia Supreme Court of Appeals has consistently held that defective workmanship that caused bodily injury or property damage did not constitute an “occurrence” under a policy of commercial general liability insurance, and therefore the insurer was not obligated to pay for the damage or tender a defense. See McGann v. Hobbs Lumber Co., 150 W. Va. 364, 145 S.E.2d 476 (1965) ...
While the motivation behind the Civil Justice Commission’s consultation paper – aimed at enhancing the Court system – is laudable, the proposed introduction of litigation scale costs may hurt Singapore’s standing as a global litigation hub. In 2015, the Chief Justice established the Civil Justice Commission (CJC) to review Singapore’s civil justice system, with the goal of transforming and modernising the litigation process ...
As we explained previously, in April 2016 the Second Appellate District held that California’s Fair Employment and Housing Act (FEHA) creates a separate duty to provide reasonable accommodation to an applicant or employee who is “associated” with a disabled person. On rehearing of the Castro-Ramirez v. Dependable Highway Express, Inc. decision (Case No. B261165, B262524), the Court has retreated from its prior holding ...
A government report on Shared Parental Leave (SPL) reveals a low take-up by eligible parents, with only 1% of eligible mothers and 5% of eligible fathers or partners taking it. What is SPL? SPL is a type of paid family leave that enables eligible employees to take flexible leave during the first year of their child’s life or the first year after adoption ...
Background Ukrainian citizens fleeing their homeland due to the ongoing crisis are welcome to Romania, where they will receive protection and necessary support. During their stay in Romania, accommodation, food and medical services are accessible for Ukrainians seeking safety from the ongoing military invasion, as a result of a combined effort of the authorities and unrivalled mobilization of private entities and the civil society ...
Although the United Kingdom comprises England, Scotland, Wales and Northern Ireland, this guide relates only to the current position in England and Wales because Scotland and Northern Ireland have their own individual legal systems. The rules and procedure of the Civil Courts in England and Wales are contained in the Civil Procedure Rules (CPR) which were introduced in 1999 and which lay down the framework within which all civil litigation must be conducted ...
Contents Please click on the links below to jump to the relevant section: Government attitude and definition Cryptocurrency regulation Digital Asset Business Act Scope of the DABA Licensing requirement Application process Criteria to be met by licensees Continuing obligations of licence holders BMA’s supervision and enforcement powers Digital Asset Issuance Act Scope of DAIA Authorisation requirements Authorisation criteria Ongoing obligations BMA’s supervis
Contents Government attitude and definition Cryptocurrency regulation Sales regulation Taxation Money transmission laws and anti-money laundering requirements Promotion and testing Ownership and licensing requirements Mining Border restrictions and declaration Reporting requirements Estate planning and testamentary succession Government attitude and definition The BVI has established itself as a leading offshore finance centre that is resilient, agile and innovative in the
Contents Government attitude and definition Cryptocurrency regulation Sales regulation Taxation Money transmission laws and anti-money laundering requirements Promotion and testing Ownership and licensing requirements Mining Border restrictions and declaration Reporting requirements Estate planning and testamentary succession Government attitude and definition The Cayman Islands is a leading global financial centre and has developed a reputation as one of the world’s most
In times of the ongoing crisis, associated with the spread of the novel coronavirus infection (COVID-19), and the introduction of epidemiological requirements and restrictions, many businesses have faced difficulties with contractual performance, including the failure in supply, cancellation of scheduled events and often cutbacks in profits and the impossibility to perform monetary obligations ...
A Guide to Guernsey's population management regime following the new Employment Permit Policy Up until April 2023, two separate policies with different criteria governed immigration Work Permits and Population Management Employment Permits. However, to streamline the process and to enable businesses to look further afield to fill job roles, a new Employment Permit Policy (the New Policy) has been introduced ...
English High Court considers whether there was good consideration for an oral variation of a settlement agreement related to sale of valuable antique textiles. Sometime in the spring of 2014 two Iranian businessmen and antiquities dealers, London based Mr. Shavleyan and LA resident Mr. Simantob, kissed and shook hands on a deal about the payment of the balance of a debt due under a 2010 settlement agreement ...
More than a year after the start of the COVID-19 lockdown, many citizens have adopted a lax approach to mask wearing, social distancing and sanitisation. However, a recent Labour Court judgment in South Africa indicates that employers may, within reason, be able to fairly dismiss employees for not adhering to COVID-19 safety protocols ...
With 125 days left in 2014, we find ourselves looking at What’s Next for the oil & gas industry in the Marcellus and Utica Shale Plays for the remainder of 2014. It has been an eventful year and with just four months until 2015, we look forward and identify key events and issues that are top of mind. 2014 Events There are a wide range of upcoming events with programs and topics relevant to E&P, midstream, field services and downstream markets ...
Introduction The Covid-19 global pandemic which has swept the globe and caused many countries to introduce various degrees of lock down measures has given rise to various issues and scenarios which an employer must deal with and manage. This is no different for employers in Malaysia where the Government has implemented the Movement Control Order (“MCO”) since 18 March 2020 which saw the economic activity brought to a halt ...
Section 230 of the Communications Decency Act was enacted in 1996 to provide websites with immunity from liability arising from posting third-party content. For a service provider to be immune, however, the information at issue must be provided by another information content provider. This begs the question of whether website operators provide the content on their platforms or act solely as intermediaries for third-party content ...
In this two-part series, we look back at the various changes to immigration routes which took place in 2023 and what to expect in 2024. In May 2023, we saw the Office for National Statistics release net migration statistics which showed that net migration to the UK was increasing, followed in December 2023 by a revision of such figures to show an even greater increase than what was initially expected ...
Earlier this year, the European Court of Justice ("CJEU") has thrown out an appeal by Nestlé, which argued that it owns the shape of its famous treat KitKat. Nestlé, the world's largest food and beverage company, has spent more than a decade fighting to trademark the four-fingered wafer shape. However, EJC's most recent ruling could bring an end to the snack's protected European status ...
