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Shoosmiths LLP | August 2022

On 21st July 2022, the COVID-19 Inquiry was opened. Module 1 will consider the extent to which the risk of a Coronavirus pandemic was properly identified and planned for and whether the UK was ready for that eventuality. In broad terms, the module will look at the UK’s preparedness for whole-system civil emergencies, including resourcing, the system of risk management and pandemic readiness ...

Lavery Lawyers | August 2022

As we reported earlier, the Canadian government published proposed amendments to the Patent Rules in July 2021, to further streamline Canadian patent examination to pave the way for a future patent term adjustment (PTA) system in Canada as per the Canada-United States-Mexico Agreement (CUSMA), as well as to bring Canadian practice in line with the new Patent Cooperation Treaty (PCT) ST.26 sequence listing standard ...

Dinsmore & Shohl LLP | August 2022

Ohio’s “Heartbeat” Bill became law in Ohio when the U.S. District Court, Southern District of Ohio lifted its long pending injunction after the Supreme Court overturned Roe v. Wade ...

Dinsmore & Shohl LLP | August 2022

On July 19, 2022, the Court of Claims ordered that the current Improved Workforce Opportunity Wage Act (minimum wage) and Michigan Paid Medical Leave Act (paid leave) are void and reinstated the original ballot initiatives. However, employers do not need to overhaul their policies just yet because the ruling is stayed until February 19, 2023. Pending the outcome of appeal, these changes may not go into effect at all ...

BUSINESS TODAY LOOKS NOTHING LIKE it did prepandemic. Every industry has experienced a shakeup in how organizations are managed, operated and shaped. COVID-19-driven pivots, the groundswell of demand for social change and continuous uncertainty has led to a long-overdue shift in business priorities. Chief among those is the need to drive innovation, which has never been more essential to success ...

Dinsmore & Shohl LLP | August 2022

On July 28, 2022, the Michigan Supreme Court determined that employers are prohibited from discriminating against employees based upon sexual orientation. The Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibits employers from discriminating against employees or applicants on the basis of "religion, race, color, national origin, age, sex, height, weight, or marital status." MCL 37.2202(1) ...

Kudun and Partners | August 2022

August 1, 2022: Emi Rowse Igusa has joined Kudun and Partners as a partner launching a brand new Japan Practice to cater to the burgeoning Japanese legal needs in Thailand. She is a specialist in commercial litigation and international arbitration and has represented numerous clients in arbitration cases under the ICC, LCIA, SIAC and TAI rules ...

Carey Olsen | August 2022

AML/ATF and Sanctions The Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations 2008 require the Bermuda regulated sector and relevant persons to put in place policies and procedures in order to prevent activities related to money laundering and terrorist financing and to apply enhanced customer due diligence to high-risk jurisdictions ...

Carey Olsen | August 2022

The current regime Under the current regime in the Cayman Islands, the only option for a company to obtain a moratorium on claims, and to benefit from what is often seen as necessary breathing room to explore a restructuring, is for a winding up petition to be issued against the company and for the company to be placed into provisional liquidation, with provisional liquidators (JPLs) appointed over the company on a light-touch basis with the mandate to explore a restructuring of the company&r

As we discussed in a prior update, on July 13, 2022, Plaintiff Christian Buckner filed a lawsuit in the Federal District Court in Tampa, Florida, seeking to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around $37 billion) of transportation funding for “small business concerns” owned and controlled by “socially and economically disadvantaged individuals ...

Realtime Adaptive Streaming LLC v. Netflix, Inc., Appeal Nos. 2021-1484, -1485, -1518, -1519 (Fed. Cir. July 27, 2022) In our Case of the Week, the Court of Appeals for the Federal Circuit concisely affirmed an award of attorneys’ fees for gamesmanship that can be politely characterized as “impermissible forum shopping.”  Judge Reyna dissented because he did not think the sanctions went far enough ...

Makarim & Taira S. | August 2022

In order to provide clarity regarding the tax obligations of financial technology providers and users in Indonesia, Indonesia’s Minister of Finance (“MOF”) issued MOF Regulation No. 69/PMK.03/2022 on the Income Tax and Value Added Tax on the Organization of Financial Technology (“MOF Reg 69/2022”) on 30 March 2022, which came into force on 1 May 2022 ...

Makarim & Taira S. | August 2022

Under Government Regulation 71 of 2019 on the Implementation of Electronic Systems and Transactions, Electronic System Organizers (“ESO”) are required to be registered with the Ministry of Communication and Informatics (“MOCI”). In addition, under MOCI Regulation 5 of 2020 (as amended by MOCI Regulation 10 of 2021), this registration obligation must be complied with within 6 months of OSS-RBA licensing coming into effect ...

Makarim & Taira S. | August 2022

Electronic System Organizers (“ESO”) in the private sector, that include foreign private ESOs, which have been registered with the Minister of Communication and Informatics Regulation (“MOCI”) are subject to a number of obligations under MOCI Regulation No. 5 of 2020 on ESOs in the Private Sector as amended by MOCI Regulation No. 10 of 2021 (“MOCI Regulation 5/2020”), as the implementing regulation of Government Regulation No ...

Shoosmiths LLP | August 2022

The recent Argos decision has partially overturned the Bakers of Nailsea decision in relation to summary only offences and the requirements of Criminal Procedure Rules. Public prosecutions begin after an authorised body applies to the magistrates’ court for a summons alleging an offence. The rules underpinning this process are in the Criminal Procedure Rules (CrimPR) Part 7 (and associated Practice Direction). One such rule, CrimPR 7 ...

Shoosmiths LLP | August 2022

A year after Ms Maya Forstater succeeded in establishing in the Employment Appeal Tribunal that gender-critical beliefs are a protected philosophical belief under the Equality Act 2010, she has won two of her claims for direct discrimination and one claim for victimisation. Employers need to tread very carefully both to balance individual employees' rights to hold sometimes conflicting protected beliefs and to foster a culture that is truly inclusive ...

Shoosmiths LLP | July 2022

On 21 July 2022, Baroness Heather Hallett issued an opening statement in respect of the COVID-19 Inquiry ('the Inquiry'). As Chair, Baroness Hallett expressed her determination to “run the Inquiry as thoroughly and as efficiently as possible” and “to undertake and conclude the work of this Inquiry as speedily as possible so that lessons are learned before another pandemic strikes ...

ALTIUS/Tiberghien | July 2022

In a ruling of 19 April 2022, the Belgian Supreme Court decided that an A1-certificate issued by a competent foreign authority to a posted worker does not exclude compliance with the DIMONA obligation. Does this mean that all foreign employers posting employees to Belgium must now file both a LIMOSA and a DIMONA declaration? This article sheds some light on the scope of the Supreme Court’s decision and the particular context in which it was taken ...

New Past Performance Regulations from the SBA: Section 868 of the National Defense Authorization Act for Fiscal Year 2021, Public Law 116–283, required the Small Business Administration (the SBA) to develop regulations that permit small businesses, when submitting offers in response to federal procurements, to use their past performance as a member of a joint venture or as a subcontractor to a prime contractor ...

Shoosmiths LLP | July 2022

Chloe, the assistance cat, has hit the headlines of several newspapers over the past few weeks, following her owner (Mr Fenn) bringing a claim under the Equality Act 2010 against Sainsbury’s supermarkets after they refused Chloe’s entry to the store. Mr Fenn has autism; a consequence of his autism is that he experiences sensory overload in busy places such as the supermarket and he states that Chloe helps him to focus ...

Shoosmiths LLP | July 2022

The Government has announced the dates for implementation of the Economic Crime (Transparency and Enforcement) Act 2022. Overseas entities with prospective or existing land holdings in the UK must plan for the impact of the Act. The Act implements plans to address hidden foreign investment in the UK as part of the government’s strategy to crack down on overseas criminals using UK property for money-laundering ...

Shoosmiths LLP | July 2022

Houst’s Restructuring Plan was sanctioned last week. It was notable because of its size, that is, the company is very small compared with the financial giants which have used the process so far - and because it used the cram-down facility to overrule HMRC in its status as a secondary preferential creditor ...

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