With the third wave of COVID-19 in full swing in South Africa, it has never been more important for South African employers to anticipate and prepare for the various COVID-19 related disputes that may lie ahead. It is vital to learn from the challenges already confronted by employers worldwide concerning issues such as vaccination, occupational health and safety, and flexible working arrangements and their approaches to such matters ...
MP Dr Liam Fox provided his support to a draft bill recently placed before parliament focusing on individuals with Down’s Syndrome. He has been working on the bill with a Down’s Syndrome Association in Portsmouth. If the draft bill passes through parliament and receives royal assent, the Down’s Syndrome Act will come into force. Its focus is on improving provision for those with Down’s Syndrome which includes education, health, social care and employment ...
Late amendments to Ohio’s budget bill (Am. Sub. H. B. 110[1]) set the stage to disrupt Ohio’s health care business community and alter health care oversight, operations and quality in the state. The new law provides moral, ethical, and religious grounds to refuse health care, and in doing so, affords unprecedented rights and protections that stand to impact the Ohio health care community in a myriad of ways ...
A dangerous trap for an unwary insured looking for insurance coverage can be a notice provision. To trigger certain liability insurance policies, the insurer may require that a “claim” be both made against an insured and that the insured then report such claim to its insurer during the time the single insurance policy is in effect. This is what is known as a “claims-made-and-reported” policy ...
The Consumer Protection Act 1987 (the CPA) was enacted almost 35 years ago in order to implement EU law. The act introduced the concept of “strict liability” into the arena of product supply to certain users. This means that consumers who are injured by defective products can sue manufacturers without having to prove negligence. This practical guide provides an overview of the CPA for consumers and manufacturers, with reference to recent key cases ...
On July 1, 2021, B.C. moved into Step 3 of its COVID-19 Restart Plan. As part of this phase, B.C. employers are no longer required to maintain a WorkSafeBC approved COVID-19 Safety Plan. Instead, they are required to transition to a Communicable Disease Prevention Plan. What is a Communicable Disease Prevention Plan? It is a plan that outlines the steps an employer is taking to reduce the risk to their workers from communicable diseases in their workplace ...
Dinsmore's Chris Cashen, Anne Guillory, Chris Jackson, and Kyle Bunnell were published in dri Strictly Speaking, Vol. 18 Issue 1. Their article, "States’ COVID-19 Immunity Statutes and Product Liability Claims Related to COVID-19," examines states’ COVID-19 immunity statutes for product designers, manufacturers, and distributors concerning COVID-19-related lawsuits. An excerpt is below ...
B.C.’s Provincial Health Officer, Dr. Bonnie Henry,[1] and the Public Health Agency of Canada,[2] have recommended that individuals who are not fully vaccinated[3] continue wearing masks in indoor public spaces. At the same time, public authorities are providing little to no guidance on how or when businesses can continue mask requirements ...
Until now, hospital licensure was absent from Ohio’s regulatory scheme. However, Ohio’s final budget bill, which became effective on July 1, 2021, introduced a new hospital licensure system.[1] Under the final bill, Ohio hospitals have three years to become licensed by the Ohio Department of Health (the Department) ...
COVID-19 came upon us all like a tsunami, leveling life as we knew it and causing an entirely new paradigm of behavior to be necessary. No segment of the population was hit harder than seniors, both in our communities and in senior care facilities. Long-term care facilities were on the frontlines of the battle, being one of the first industries to be required to wholly alter traditional behaviors to try to stop the inevitable spread of this deadly virus ...
Health care practitioners are seemingly subject to a constantly growing laundry list of regulatory requirements. However, the Ohio General Assembly has reduced the administrative burden on certain professionals seeking licensure in multiple states through the enactment of interstate license compact legislation ...
In 2013, the Danish pharmaceutical company Lundbeck, which at the time only held limited secondary patents related to certain antidepressants, was fined EUR 93.7 million by the European Commission for having entered into settlement agreements in 2002 whereby Lundbeck paid generic manufacturers for not challenging its patents. The payments corresponded to the profits that the generic manufacturers could have made if they had successfully entered the market ...
On July 9, 2021, President Joe Biden signed a wide-ranging executive order entitled “Promoting Competition in the American Economy.” One key element of the executive order is to address noncompete covenants that the White House characterized as stifling competition between companies. Section 5(g) encouraged the FTC to draft rules which seek to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility ...
The Scottish Government has published its route map out of lockdown, legislating five levels, each imposing increasingly tougher restrictions. As at 19 July, the whole of Scotland moved to Level 0, with cautious optimism that most legal restrictions might be removed entirely in August. However, in the meantime, the move to Level 0 does not mean that everything returns to how it was pre-pandemic – there will remain a level of restrictions and compliance points that must be met ...
Since March 2020, the United States and Canada have agreed upon mutually reciprocal COVID-19 related travel restrictions. U.S. and Canadian officials mutually determined that “non-essential” travel between the U.S. and Canada “poses additional risk of transmission and spread of the virus associated with COVID-19 and places the populace of both nations at increased risk of contracting the virus associated with COVID-19 ...
On Sunday, July 25, 2021, Resolution Nº 032-2021-CD-OSITRAN was published in the Official Gazette “El Peruano”, whereby the Guideline for the submission of information and final documentation of the port work accepted by the Competent Authority (the “Resolution 032″) was adopted ...
As of today, July 26 the Chilean borders will open so that all those who have a “Mobility Pass” can exit the country, although current restrictions for non-resident foreigners have been maintained. The is subject to modification in view of the development of the Covid-19 outbreak in the national territory ...
On July 27, 2021, Governor Kate Brown signed into law a bill that will make it more difficult for health care entities in Oregon to consummate mergers and similar transactions ...
Key Points Governor Newsom signed into law Assembly Bill (AB) 133, which creates a $750 per day civil money penalty for skilled nursing facilities (SNF) that do not comply with a transfer, discharge, or readmission hearing decision within three calendar days. AB 133 also requires an SNF to submit a certification of compliance to the Department of Health Care Services (DHCS), attesting it has complied with the hearing officer's order ...
In response to the coronavirus (COVID-19) we continue to undertake a series of measures to: 1. protect our employees; 2. provide continuity of support to our clients; and 3. work with critical elements of our supply chain to enable us to fulfil 1 and 2 Shoosmiths senior leadership, including our Chairperson, CEO, COO, business support Directors and business unit heads, are meeting as and when required to consider and act upon developments regarding COVID-19 ...
It’s National Surrogacy Week this week (2-8 August 2021) and the aim is to raise awareness and celebrate surrogacy and all the amazing work being done by professionals involved. The focus this year is on surrogacy choices in the UK to highlight organisations that can assist in a surrogacy journey. Surrogacy is a path to parenthood, which otherwise may not have been available to some ...
From 4 August 2021, there are differing restrictions placed on the ability of workers in locked down areas in Queensland to attend work in a hospital, aged care or disability setting, even if that work would ordinarily be essential work. Importantly, the Direction is one of the first in Australia to draw a distinction between a vaccinated person (being a person who has received the prescribed doses of a TGA approved COVID-19 vaccination) and an unvaccinated person ...
Superintendence Resolution Nº 000170-2021-MIGRACIONES, published last August 6, provides for the repeal of Superintendence Resolution Nº 000104-2020-MIGRACIONES (hereinafter, Resolution 104) and provides the following measures: Extension of term.-The term of temporary or resident migratory statuses granted from March 16, 2020, which expired during the validity of Resolution 104, is extended until the entry into force of this resolution ...
