Following a landmark judgment issued this week, every local council in England must now keep to fixed legal time limits when reviewing the needs of children and young people with special educational needs. The annual review process involving Education, Health and Care (EHC) plans will now be subject to strict timelines following R (L,M, and P, v Devon County Council [2022] EWHC 493 (Admin). EHC plans, which must be reviewed annually, will now have to be reviewed within 12 weeks ...
On February 10, 2022, the Ministry of Industry and Information Technology (“MIIT”) issued a second draft of the Measures for Administration of Data Security in the Field of Industry and Informatization (for Trial Implementation) (Draft for Comment) (the “Measures”), which makes revisions to the first draft in response to public comments received following its issuance on September 30, 2021. This second draft opened for public comments until February 21, 2022 ...
[!<CDATA[ The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc.[1] addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal antitrust laws. The appeal centered on the significance of a “Change in Control” provision in a provider contract between St. Luke’s and ProMedica’s affiliated health plan, Paramount ...
Dear valued clients, colleagues and friends,We are pleased to bring you the latest legal updates for February 2022.Tax & RevenueThe Income Tax (The Incentive for Manufacturers of Pharmaceutical Products Scheme) Rules 2022 have been gazetted on 17 February 2022 and have effect from year of assessment 2021 ...
This article examines whether the UK competition authority's decision means a change in the analysis of mergers in the digital economy. On 30 November 2021 the Competition and Markets Authority (CMA) concluded in its Report that its concerns can only be addressed by Facebook selling GIPHY in its entirety to an approved buyer ...
German fuel distributor Mabanaft and its related company Oiltanking Deutschland recently suffered a substantial cyber-attack causing significant disruption to their business operations. In response they declared force majeure on a number of their contracts ...
As we await a formal announcement about how the UK COVID-19 Inquiry will be structured, we compare the different approaches that have been adopted by other public inquiries. Introduction Public inquiries are an important and increasingly utilised vehicle for change in society, but they are sometimes criticised for delay, for inefficiency and for providing recommendations that are not ultimately implemented ...
The word on the street is that everybody wants an ERP system, but no one wants to use it. Or rather, no one will use it the way it has been set up as a standard solution. People in general do not like changes. Therefore, the ERP system must first be adapted so that the organisation can work in the same way as it did before. Only then will the organisation be willing to use it. Present ERP systems are better and more mature compared to the ERP systems only a few years ago ...
With a low percentage of Nigeria’s population investing in the stock market and fewer Nigerians interested in investment opportunities, the rise ofRoboAdvisors is a welcome alternative in the financial advisory market (“the Market”) in Nigeria. In a bid toregulateand strengthen the Market, the Nigerian Security and Exchange Commission (“SEC”) recently rolled out the rules onRoboAdvisory services (‘the Rules”) in Nigeria ...
Effective Today, the California Department of Public Health (CDPH) will no longer require vaccinated individuals to wear masks in all indoor public settings under its updated Guidance for the Use of Face Masks (Updated Guidance). This effectively lifts the indoor mask mandate in most California counties, both where local officials have aligned with CDPH Guidance, and where officials never issued their own local mask mandate ...
On Feb. 9, 2022 the SEC proposed rules related to cybersecurity risk management for investment advisers and registered investment companies, as well as amendments to certain rules that govern adviser and fund disclosures ...
On November 5, 2021, CMS published an interim final rule regarding vaccination requirements for staff working for Medicare and/or Medicaid certified Skilled Nursing Facilities ("SNFs"). On December 28, 2021, CMS issued QSO 22-07-ALL covering the guidance and survey process related to these new regulatory requirements. This QSO is specifically applicable to California ...
In Stadler v Currys, the High Court awarded summary judgment against a claimant who alleged distress following an inadvertent data breach. Here, Philip Tansley and Kathryn Williamson consider the court's reasoning and the implications of the decision. Introduction The High Court has last week handed down yet another useful judgment for defendants facing claims for breach of UK GDPR, misuse of private information, breach of confidence and negligence as a result of a data breach ...
The UK Government has put forward for approval by Parliament a new safeguard mechanism for international transfers, known as the International Data Transfer Agreement (IDTA), that will impact organisations transferring personal data out of the UK. If approved, the IDTA will apply from 21 March 2022, and we would encourage affected organisations to review their data transfer processes now ...
Key Points As of January 2022, CMS is posting each skilled nursing home's weekend staffing levels and staff turnover rates on its public-facing Care Compare website. This information will be used in the Nursing Home Five Star Quality Rating System and will affect facilities' Five Star ratings starting in July 2022 ...
Key Points As of January 1, 2022, skilled nursing facilities are not limited to hiring licensed nurses to fill the role of infection preventionist. California still requires the total time dedicated to the infection preventionist role be full-time. In January 2021, Assembly Bill (AB) 2644, codified as Health & Safety Code Section 1255 ...
The Norwegian Data Protection Authority has notified Stortinget of an infringement fine of two million kroner and imposed an infringement fine of four million kroner on Østre Toten municipality. In both cases, the Authority emphasizes that it is a clear management responsibility to secure the business against such attacks, and that two-factor authentication, awareness-raising and an appropriate risk and vulnerability analysis are key measures ...
Regulation (EU) 536/2014 of the Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use (“Regulation”) came into force on 31 January 2022. The Regulation was adopted by the European Parliament in 2014 and released in May of the same year. It was subsequently officially published in the Official Journal of the European Union on 31 July 2021 and came into force six months after that date ...
What is Fintech? The term fintech refers to the technologising of the financial industry. Fintech has become ever more recognized in the past few years, especially amidst COVID-19 in which demand for cashless payments and quick transactions have increased. Fintech exists in our daily lives from online banking to blockchain and to cryptocurrencies ...
In this article we look at the impact the COVID-19 pandemic has had on the social and health care sector in the build up to the upcoming Public Inquiry, due to commence in Spring 2022. Upsetting scenes arising from the COVID-19 pandemic included photographs of bereaved families with only six people in attendance at family funerals ...
As June 2022 approaches, many companies in Thailand are focusing on and racing towards the implementation of compliance mechanisms in advance of the adoption of the Personal Data Protection Act (“PDPA”), Thailand’s new and all-encompassing data protection legislation. This new law will significantly impact businesses that handle personal data. It sets out heavy fines and penalties which will be imposed upon organizations that mishandle clients’ personal data ...
