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Buchalter | May 2022

May 24, 2022 By: Charles Whitman On May 23 2022, the California Supreme Court reversed the Second Appellate District Court of Appeal and made clear that meal and rest period premiums (or “extra pay” or “premium pay”)[1] constitute “wages” and must be accurately reflected on an employee’s wage statement and accurately paid to the employee during the employee’s final pay out. (See Naranjo v. Spectrum Security Services, Inc., (2022) 2022 Cal ...

AELEX | May 2022

INTRODUCTION Since its advent in 2008, cryptocurrency has been widely accepted internationally, as a viable means of investment. This is notwithstanding its volatility, as the world appears to be highly interested in the sale and purchase of digital assets. For example, bitcoin currently has about 14million in circulation.[1]Save for its volatile nature, and the period where its price drops, investors in the cryptocurrency space are often guaranteed of juicy returns ...

SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) has received Tier 1 rankings in “Patents” and “Copyrights/Trademarks” categories in the Philippines on Thomson Reuters’ Asian Legal Business (ALB) IP Rankings for 2022. ALB is a publication that provides insights on legal professionals throughout Asia and identifies and ranks top firms for intellectual property practice in Asia ...

Mitek Systems, Inc. v. United Services Automobile Association, Appeal No. 2021-1989 (Fed. Cir. May 20, 2022) Our Case of the Week this week is a declaratory judgment action brought against USAA.  In a 27-page opinion, the Federal Circuit addressed three issues: subject matter jurisdiction for declaratory judgment actions under Article III of the U.S. Constitution, the discretionary authority of courts to decline declaratory judgment jurisdiction, and venue for hearing such a case ...

Hanson Bridgett LLP | May 2022

  Article PDF By David Longinotti and Candra Jackson   Practical Insights--> Non-Disclosure Agreements, or NDAs, are intended and designed to assure the confidentiality of shared proprietary information. Confidential information disclosed without an NDA in place raises the risk of misappropriation. This risk is especially heightened when dealing with foreign counterparties given the legal and practical challenges of enforcing rights against them ...

Two recent Supreme Court decisions concerning the First Amendment affect when the government can regulate speech. Dinsmore's Justin Burns and Brady Wilson wrote about the cases for Law360 Expert Analysis. An excerpt is below and the full PDF is above. Recent headlines from the U.S. Supreme Court focus on leaks, but City of Austin v. Reagan National Advertisements of Austin and Shurtleff v. City of Boston, two recent First Amendment decisions, are also worth noting ...

What follows is a cautionary tale for anyone involved who fails to follow a natural disaster preparedness plan. Taking short cuts and failing to follow agreed upon emergency preparedness plans are a recipe for disaster. While the litigation we analyze in this article stems from bridge construction in Florida, the lessons learned from this real situation are applicable all across the country ...

Carey Olsen | May 2022

The new legislation has: created an additional type of winding up of an insolvent company that can be initiated by a creditor and ordered by the court; and redefined the eligibility criteria for appointment as a liquidator in specified circumstances (including liquidator appointments under the new court ordered creditors’ winding up procedure) ...

Carey Olsen | May 2022

We have extensive experience in assisting both established and emerging fund management companies relocate part or all of their business to Jersey. We are legal advisers to five of the largest hedge fund managers with offshore headquarters: BlueCrest, Brevan Howard, Systematica, Rokos and Autonomy, a clear reflection of the high regard in which our practice is held ...

Carey Olsen | May 2022

However, in the light of the recent decisions in Rangecroft Ltd v Lenox International Holdings Ltd [1] , IS Investment Fund Segregated Portfolio Company v Fair Cheerful Ltd [2] , and most recently in A Creditor v Anonymous Company Ltd [3], a reassessment is required as to whether the procedure is truly optional. The Court in Lenox International highlighted the importance of following the "two-step process" to wind up a company on the basis of its insolvency ...

Carey Olsen | May 2022

With the introduction of foundations as an alternative type of structure to companies, the trustee can be formed as a private trust foundations (“PTF”) instead of a PTC, offering increased choice to the client. To help guide this choice, this briefing note considers key issues relating to the establishment and use of a PTC or a PTF in the context of private wealth management. References to “PTVs” are to both PTCs and PTFs ...

Carey Olsen | May 2022

In summary, in most jurisdictions, trust assets will be more vulnerable to attack from a settlor’s creditors in the following scenarios: A settlor’s retention of dispositive powers (particularly positive powers e.g. powers to direct the trustee in contrast to a power to veto a trustee’s proposal) generally renders a trust more vulnerable to attack by creditors. Retaining powers to revoke the trust and/or a general power of appointment (i.e ...

Carey Olsen | May 2022

This trend is worth monitoring, and undoubtedly reflective of generational change as those who set up companies or transferred interests into these jurisdictions decades ago pass on and leave their families fighting for control of the assets they have left behind. A helpful new judgement from the Easter Caribbean Court of Appeal (the Appeal Court) handed down on 23 March 2022, provides helpful further insight into family disputes over wills ...

Kudun and Partners | May 2022

In collaboration with the Department of Treaties and Law of Thailand’s Ministry of Foreign Affairs, the Faculty of Law, Chulalongkorn University’s recently concluded the ‘Essential Skills for Legal Practice’ program where Kudun and Partners, together with other leading global and local law firms in Thailand were invited to provide knowledge on the essential skills for the legal practice ...

Shoosmiths LLP | May 2022

Following the first reading of the Procurement Bill in the House of Lords, Shoosmiths considers how this will change public procurement as we know it. The Government has recently taken the next step in its plan to transform public procurement, by publishing the Procurement Bill (‘the Bill’). The first reading in the House of Lords took place on 11 May 2022 and we can now start to consider the changes this Bill will bring ...

Shoosmiths LLP | May 2022

Yesterday was closing submissions day for “Wagatha Christie”, aka Rebekah Vardy v Coleen Rooney. While we await Mrs Justice Steyn’s verdict, Kath Livingston, a Shoosmiths partner in dispute resolution & litigation, gives her thoughts and reflections on the trial, with more to follow after judgment ...

Shoosmiths LLP | May 2022

In two 30-minute webinars in May we highlighted a number of key changes which the Charities Act 2022 will introduce (into the amended Charities Act 2011) on a staggered basis in three tranches over the coming 18 months ...

Carey | May 2022

The CyberDay event from May 30th to June 1st, 2022, will be the first event in which the new obligations contained in the reforms to Law No. 19,496 on Consumer Rights Protection, introduced by the "Pro-Consumer" Law and the Electronic Commerce Regulation, will be applied. The following are the main aspects and obligations to be taken into consideration for the event: Promotions, offers, contests and sweepstakes must disclose the terms and conditions governing them and their term of duration ...

The U.S. Court of Appeals for the Fifth Circuit held in a 2-1 opinion that Congress’ delegation of legislative power to the Securities and Exchange Commission (the SEC) is unconstitutional because it fails to “provide an intelligible principle by which the SEC would exercise the delegated power.” The Fifth Circuit has called into question the legitimacy of the majority of the SEC’s enforcement operation, which occurs in front of administrative law judges (ALJs) ...

Buchalter | May 2022

By Weiss Hamid On April 1, 2022, Japan is set to begin enforcement on the amendment to its Act on the Protection of Personal Information (“APPI”). The APPI was originally adopted in 2003 – making it one of the first data protection regulations ...

On May 23, 2022, the Oregon Medical Board (OMB) is hosting a public hearing on rules that propose major changes to the way physician assistants (PAs) practice in Oregon. The rules were written in response to House Bill 3036, which supporters have dubbed the “Physician Assistant Modernization Bill.” More broadly, the rules were written in response to mounting concerns about health care access and equity, especially for rural and minority populations ...

On May 23, 2022, the Oregon Medical Board (OMB) is hosting a public hearing on rules that propose major changes to the way physician assistants (PAs) practice in Oregon. The rules were written in response to House Bill 3036, which supporters have dubbed the “Physician Assistant Modernization Bill.” More broadly, the rules were written in response to mounting concerns about health care access and equity, especially for rural and minority populations ...

AELEX | May 2022

INTRODUCTION On 10 March, 2022, the Federal High Court sitting in Abuja in Suits No: FHC/ABJ/CS/791/2020: Fan Milk International A/S v. Mandarin Oriental Services BV and The Registrar of Trademarks and FHC/ABJ/CS/792/2020: Fan Milk International A/S v. Mandarin Oriental Services BV and The Registrar of Trademarks, delivered two landmark judgements and established certain principles on the determination of trademark infringement ...

On May 23, 2022, the Oregon Medical Board (OMB) is hosting a public hearing on rules that propose major changes to the way physician assistants (PAs) practice in Oregon. The rules were written in response to House Bill 3036, which supporters have dubbed the “Physician Assistant Modernization Bill.” More broadly, the rules were written in response to mounting concerns about health care access and equity, especially for rural and minority populations ...

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