Practical Law Company has published a table on drug/substance abuse testing of employees, which sets out whether or not employers can carry out drug/substance abuse testing on employees both before they are employed, and during their employment in 28 jurisdictions. Jurisdictions covered include Brazil, Canada, China, Cyprus, France, Germany, Hong Kong, India, Indonesia, Italy, Philippines, Spain, Turkey, USA, United Arab Emirates and United Kingdom, among others ...
On April 1, the Securities and Exchange Commission (“SEC”) brought its first enforcement action based on confidentiality agreements that the SEC alleged had the potential to “stifle the whistleblowing process.” Houston-based company KBR, Inc. (“KBR”), agreed to pay $130,000 as a civil penalty for including impermissible restrictions in confidentiality agreements signed by witnesses during internal investigations ...
Private sector, investors and experts agree that the Government of El Salvador has to improve the business climate to attract more national and foreign investment that would contribute to increase the Gross Domestic Product and improve in this way the living conditions of the population ...
The 2015 Mergers Control Survey by Margaret Huang and Victor Chang of LCS & Partners reviewed the merger control regime in Taiwan for IFLR. 1. REGULATORY FRAMEWORK1.1 What is the applicable legislation and who enforces it?The Fair Trade Act (FTA), which entered into force in 1992, is the main legislation governing Taiwanese merger control. Merger control is enforced by the Taiwan Fair Trade Commission (TFTC) ...
Practical Law Company has published a table on rates of tax on employment income, which sets out the rates of taxation applied to employment income in 28 jurisdictions. Jurisdictions covered include Canada, China, Cyprus, England, France, Germany, Hong Kong, India, Indonesia, Italy, Philippines, Spain, Turkey, USA, United Arab Emirates and United Kingdom, among others. Content is accurate as of December 1, 2014 ...
On Tuesday, March 24, 2015, the Supreme Court issued its decision inOmnicare Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. __ (2015). The ruling identifies two avenues by which a company’s statements of opinion in registration statements for initial public offerings can lead to liability under Section 11 of the Securities Act of 1933 ...
In a monumental decision, today the United States Supreme Court ruled that Trademark Trial and Appeal Board (“TTAB”) decisions carry preclusive effect in subsequent federal district court decisions so long as the ordinary elements of issue preclusion are met. The ruling implicates that, where use is the “paramount” issue in a court case, a TTAB decision that at least peripherally contemplates marketplace use will have preclusive effect ...
SUMMARYTHE SALE OF A BUSINESSGETTING READY TO SELL YOUR BUSINESS : ENVIRONMENTAL ISSUESTHE SALE OF A BUSINESS
“Families that play together, stay together”. That’s what my late grandfather always used to say. But what does his message have to do with developing business opportunities in a law firm? In my opinion, everything. Business development is about people. It’s about relationships. Not just momentary relationships, but committed relationships. Relationships one would most likely find in a family. What unites a family and makes it strong? Trust, common values and support ...
Following the key judgments inFarber1 andCabiakman2 , thePotter3 judgment rendered on March 6, 2015 by the Supreme Court of Canada (the “Court”) emerges as another indispensable judgment in employment law. In this judgment, the Court decided that the administrative suspension with pay of an employee must be justified and reasonable, or otherwise it will, in most cases, constitute a constructive dismissal. THE CONTEXT Mr ...
On January, 22, 2015, in thematter of Betteto Frett v National Bank of the Virgin Islands[i](theBank), the BVIHigh Court reinforced the principle that injunctive relief would not be easilygranted against a bank validly exercising its power to sell real property usedas security for bank loans ...
Children are precious, and their health, safety and well-being are at the very heart of childcare providers’ responsibilities. Several actors work with or alongside children on a daily or occasional basis in order to provide them care and education. In selecting people who work with children, providers collect and use a great deal of information about them, including their studies, experience, qualifications and abilities ...
A country’s competitiveness depends in part on its capacity to attract foreign investorsinterested in the acquisition of local companies ...
Vol. XII, Issue 4 of the Employment & Immigration Update includes the following articles:Doing Business: 2015Gender Equality in the WorkplaceStrengthening TripartismRecent Immigration Advisory and CircularsThe issue also contains information on recent Supreme Court decisions, labor and immigration news and circulars, and SyCipLaw updates.Download the Employment & Immigration Update 2014 4Q ...
Practical Law Company’s Employment and employee benefits: Philippines Q&A Guide has now been published online and is available to access or download as PDF. The Guide was contributed by SyCipLawEmployment & Immigration Department Head Luisito V. Liban ...
The Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Culture jointly issued a Notice on the Relevant Formalities for Foreigners Entering China for Completing Short-Term Work Assignment (for Trial Implementation) ("Notice") on 6 November 2014 which provides for new visa and residence requirements on foreigners entering and staying in China for work for no more than 90 days ...
Goodyear Tire & Rubber Co. recently agreed to pay $16.2 million to settle Foreign Corrupt Practices Act (“FCPA”) charges for conduct related to two subsidiaries in sub-Saharan Africa. Goodyear’s settlement highlights the government’s expansive interpretation of the books and records provision under the FCPA ...
SyCip Salazar Hernandez & Gatmaitan has updated the Philippine Chapter of the International Background Checks Summaries. Published by the Employment Law Alliance, it is a free online resource guide that provides clients and ELA-registered website users with the general requirements and practices for conducting background checks on potential employees in selected countries around the world.Register to access this free resource ...
In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for breaching her obligation of confidentiality. The employer stated that she had disclosed to a work colleague the fact that a patient had HIV ...
In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for breaching her obligation of confidentiality. The employer stated that she had disclosed to a work colleague the fact that a patient had HIV ...
On 19 February 2015, the Financial Services Commission removed restrictions on the use of the following words in the names of BVI Business Companies – 1.“BVI”;2.“British Virgin Islands”;3.“Council”;4.“Ntl”;5.“Int”;6.“Intl”;7.“VI”; and 8.“Virgin Islands” ...
On 26 January 2015, President Joko Widodo swore in Mr. Triawan Munaf as the Head of the Creative Economic Board (BEK – Badan Ekonomi Kreatif). BEK is tasked to strengthen the role of creative economic businesses, including protection for Indonesian creative crafts ...
Last week, President Obama issued an executive order promoting cybersecurity information sharing. Specifically, the executive order directs the Secretary of Homeland Security to encourage the development and formation of Information Sharing and Analysis Organizations (ISAO) ...
A recent decision1 by the Commission des relations du travail (“CRT”) highlights the plight of an employer faced with an employee who oversold his abilities during the job interview and later proves incapable of delivering on his promises. In this case, Laurentian Bank Securities inc. (“Laurentian”) successfully defended against a claim for dismissal without good and sufficient cause filed by a former employee. The facts of the case are commonplace ...
