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Do I Need to Disclose my Assets on Divorce?
Shoosmiths LLP, January 2021

The short answer is yes. Each of the parties to a divorce are under a duty to provide full, frank and clear disclosure of their financial circumstances. However, there are some circumstances where parties can, rightly or wrongly, get around this rule...

Family Resources on Divorce
Shoosmiths LLP, January 2021

It is not uncommon to find parents continuing to pay an allowance to their children into adulthood, and in some cases this support continues post-marriage and can include payment of school fees or other financial provision being paid on a regular basis...

Bankruptcy Moratorium Expiration: The Supreme Court of the Russian Federation Clarifies a Number of Key Issues
ALRUD Law Firm, January 2021

On January 7th 2021, the bankruptcy moratorium, which had been in effect since April last year, expired. The main conditions of the bankruptcy moratorium were described earlier in details: in newsletters “Moratorium on bankruptcy proceedings”and 'Russian bankruptcy moratorium extended until January, 2021”...

HHS Freezes Rule Affecting Community Health Center’s 340B Drug Discounts
Dinsmore & Shohl LLP, January 2021

The Biden administration implemented a regulatory rule freeze affecting all federal agency rules that had not gone into effect as of Jan. 20, 2021.  At its core, the regulatory rule freeze requires all pending final rules to be delayed at least 60 days in order for the Biden administration to review and opine on the necessity and scope of affected rules. During this delay period, the administration may review, revise, and possibly rescind federal administrative rules...

DOJ Stats Show Dip in Fraud Recoveries in ’20, but Signs Point to Impending Rise in False Claims Act Litigation
Dinsmore & Shohl LLP, January 2021

The U.S. Department of Justice (DOJ) has just released its annual statistical overview[1] of False Claims Act (FCA) and other fraud actions for Fiscal Year 2020 (FY2020)[2], and the numbers tell a mixed story. The total of just over $2.2 billion in settlements and judgments represents a decline of more than one-quarter in recoveries from FY2019,[3] likely reflecting workforce, logistical, and judicial impacts of the COVID-19 pandemic...

California Proposes Significant Change to Limit Use of Short-Form Proposition 65 Warning For Consumer Products
Hanson Bridgett LLP, January 2021

Article PDFJust when businesses thought they had figured out their Proposition 65 compliance strategies, the State of California, through the Office of Environmental Health Hazard Assessment (OEHHA), has proposed a substantial change that will drastically limit the use of the short-form safe harbor warning first authorized in 2018...

Intellectual Property, Certainty and The New How: IP Fixed
Shoosmiths LLP, January 2021

David Hume, the 18th century Scottish philosopher, argued that we cannot be certain the sun will rise tomorrow.  Over the past nine-months David Hume has never seemed more right. It has been a tough period, professionally and personally for people from all walks of life, and for businesses from nearly every sector. But, while there has been adversity, there have been many rays of sunlight and causes for optimism...

Subsidy Control to Replace State Aid
Shoosmiths LLP, January 2021

The EU-UK Trade and Cooperation Agreement has effectively brought an end to state aid and a new regime of subsidy control has come into effect...

Massachusetts Health Care Bill Makes Several Significant Changes
Verrill, January 2021

While you were celebrating the New Year, Governor Baker signed Chapter 260 of the Acts of 2020, an “Act promoting a resilient health care system that puts patients first,” the result of the Legislature’s months of work to address various health care delivery system and social equity issues that the COVID-19 epidemic has hastened...

Ohio Court: Injured Workers Cannot Reject Valid Light-Duty Offers Made in Good Faith
Dinsmore & Shohl LLP, January 2021

In the state of Ohio, a light-duty job offer is a strategic way to either bring an injured worker back to the workforce or bar temporary total compensation, should the injured worker reject a valid offer. Either way, it can aid employers in eliminating, minimizing, and/or stopping temporary total disability compensation from being paid in a claim...

Changes to the Standard Method for Assessing Housing Need
Shoosmiths LLP, January 2021

On 12 January 2021, David Mathias, Tim Willis, Sam Grange and Matthew Stimson from our Planning & Environmental team hosted a webinar to discuss the main changes introduced to the existing ‘Standard Method’ used for assessing housing need in England and Wales...

Breach Impacting 9.3M People Leads to $5.1M HIPAA Settlement
Waller, January 2021

The second HIPAA settlement of 2021 is the first traditional enforcement action of the year. And, it’s a big one. Traditionally, OCR enforcement has been triggered by breaches. In 2020, however, we saw a significant increase in a sub-set of Privacy Rule enforcement arising out of the U.S. Department of Health and Human Services’ Office for Civil Rights’ (OCR) patient “Right of Access” initiative...

Winding-Up a Company: It Now Takes More to Wind-Up a Company, in the Same Amount of Time
Shearn Delamore & Co., January 2021

BackgroundSection 466(1)(a) of the Companies Act 2016 (“CA 2016”) provides that a company is deemed unable to pay its debts if it is indebted in a sum exceeding an amount prescribed and neglects to pay the sums stipulated in the notice of demand within 21 days of being served with the said notice.Through the issuance of the Prescription of Amount of Indebtedness of Company published on 26 January 2017 (“2017 Threshold Order”), this amount was fixed at RM10,000...

Covid-19: Further Relief for Contractual Parties through an Extension of Part II of the Covid-19 Act
Shearn Delamore & Co., January 2021

BackgroundOn 23 October 2020, the Malaysian government gazetted the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 (“Covid-19 Act”). This Act, as evident from its name, is meant to provide temporary measures to ease the impact of Covid-19 on various sectors and industries in Malaysia. Areas addressed by the Covid-19 Act include inability to perform contracts, insolvency and limitation periods...

2021 Predictions: What’s on the Horizon for Construction?
Shoosmiths LLP, January 2021

The outlook for the year ahead is uncertain with the effects of post-Brexit rules to contend with and COVID-19 continuing to restrict the way we live and work. We look at what the year may have in store for the construction industry. COVID-19 There is no doubt that the pandemic has caused challenges for the construction industry and is likely to have a significant impact into 2021...

CDC to Require Negative COVID Tests for All International Air Passengers
Dykema, January 2021

The United States’ Centers for Disease Control and Prevention (CDC) has issued an order that will take effect on January 26, 2021, requiring all arriving international airline passengers to provide proof of a negative COVID test taken within three days of the flight’s foreign departure. For those who have had it, the CDC will require proof of recovery...

Federal Government Announces Provider Relief Fund Reporting Extension
Waller, January 2021

The U.S. Department of Health and Human Services (HHS) just announced that Provider Relief Fund Program (PRF) recipients will now be required to submit reports regarding their use of these funds later than previously announced. The previous deadline was February 15, 2021. Currently, a specific new timeline was provided, but HHS is encouraging providers to register to receive updates...

USCIS to Select H-1Bs Based on Offered Wage
Dykema, January 2021

The Department of Homeland Security (DHS) has published a new final rule substituting last year’s random selection registration process with one based on the wage offered the worker with those cases with higher wages being more likely to be chosen...

Is the COVID-19 Vaccination in a Child’s Best Interest?
Shoosmiths LLP, January 2021

If parents cannot agree whether their children should be vaccinated, they can make an application under Section 8 of the Children Act 1989 to ask a judge to determine the issue. In M v H (Private Law Vaccination) [2020],  the mother objected to the parties' two children aged six-years-old and four-years-old  being given routine childhood vaccines in accordance with the NHS vaccination schedule...

Ohio’s HB 352 Simplifies and Clarifies Anti-Discrimination Statute
Dinsmore & Shohl LLP, January 2021

On Dec. 22, the Ohio Senate passed the Employment Law Uniformity Act – HB 352. Governor Mike DeWine signed the bill into law on Jan. 12, 2021. The bill is the culmination of 20 years of work by the Ohio Chamber of Commerce to address expansion of Ohio’s anti-discrimination statute resulting from Ohio Supreme Court decisions that interpreted Ohio Revised Code Section 4112 expansively...

Significant Changes Proposed for Nationwide Permitting
Bradley Arant Boult Cummings LLP, January 2021

2020 was a year of unprecedented circumstances and change, and more change is coming in 2021—this time, in the form of significant modifications to the nationwide permitting program. On September 15, 2020, the Army Corps of Engineers (Corps) published a notice of proposed rulemaking to reissue and modify nationwide permits (NWPs), ahead of the usual five-year reauthorization schedule for the current 2017 NWPs...

Capacity and Lockdown Part 3.0
Shoosmiths LLP, January 2021

The Court of Protection is a specialist Court, focussing solely on supporting vulnerable individuals. This past year has acutely highlighted the needs of those most vulnerable in our society and their dependency on others to help manage their affairs. The Court has had to adjust its practices in order to ensure that help and solutions are found for those lacking capacity with minimal delay...

Kuantan Port Consortium Sdn Bhd v MT HE XIE HAO v Chem-Specialties Sdn Bhd (Suit No. WA-27NCC-77-10/2019)
Shearn Delamore & Co., January 2021

In an admiralty action, can an intervener, not being the proper defendant, apply to set aside a warrant of arrest of a vessel on non-traditional grounds. The traditional grounds of setting aside warrant of arrest are, inter alia: in excess or lack of jurisdiction...

How will Brexit impact UK IP Rights? Introduction
Shoosmiths LLP, January 2021

Are you concerned about the impact of Brexit on your IP lifecycle? We’ve prepared the following guidance as the introduction to our new Brexit and IP five-part info series where we detail the impacts of Brexit on the various stages of the IP lifecycle. 1...

Proof by Sampling in Construction Cases
Shoosmiths LLP, January 2021

How does one resolve a dispute involving thousands of individual items where it is impractical to deal separately with each one? A recent decision in the Technology and Construction Court provides some guidance - but raises further questions. The case is Standard Life Assurance Limited v Gleeds (UK)(a firm) and Others (December 2020, TCC). Standard Life had engaged Costain as its main contractor for the development of a large residential and retail development in Berkshire...

 

 

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