Modern data protection rules are being introduced to tax-efficient jurisdictions like Bermuda and the Cayman Islands. It's increasingly vital to understand how to handle data in some less familiar territories for data protection. Advisers are familiar with the data protection laws which apply in the jurisdictions where many commercial businesses operate like the UK Data Protection Act, the UK/EU GDPR and the California Privacy Protection Act ...
Whilst talk of Rail Refrom is excellent news for a Sector that has been crying out for it, how much will it really impact the supply chain and what processes and protections are already in place to help the flow of contractual payments? As the Passenger Railway Services (Public Ownership) Bill awaits its second reading in the House of Lords on 7th October it is clear that there is a real focus on Rail from the Government ...
Force majeure remains a hot topic when it comes to contracts. Following the pandemic, Suez Canal blockage and international sanctions, parties to contracts have been looking at how to possibly recover their losses or minimise the effects of delays. One question that had arisen was whether contracting parties could be forced to find a way around the issues by being commercially minded, particularly where they had an obligation to use reasonable endeavours to overcome the force majeure event ...
Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest that awarded $20,000 grants to select small business owners, all of whom, by the contest’s express rules, had to be Black women. That case, American Alliance for Equal Rights v. Fearless Fund Management, LLC, settled yesterday ...
In August 2024 the European Commission published draft guidelines on the application of Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) to abusive exclusionary conduct by dominant undertakings. Rather than the current guidance on enforcement priorities, this document has taken the shape of guidelines proper, similar to those found in respect of Article 101 TFEU ...
Five aspiring lawyers begin training programme with Carey Olsen Guernsey Tom Andrews, who was previously working as a paralegal within Carey Olsen's corporate team, also begins his SQE course this September in the firm's London office and will work exclusively on corporate matters ...
Carey Olsen promotes corporate lawyer Emily Cornhill to partner in the Cayman Islands Emily advises on a range of corporate and commercial matters, with a particular emphasis on investment funds. Her practice focuses on the establishment of investment funds in the Cayman Islands, in addition to advising on transactional, financing and regulatory and compliance matters related to investment funds and other vehicles ...
Carey Olsen advises FitzWalter Capital on launch of ~US$1.4 billion fund The Carey Olsen corporate team advising on the Jersey aspects of the transaction comprised partner James Mulholland, counsel Thomas MacAdie and associate Charlie Hurst, working alongside onshore counsel Debevoise & Plimpton LLP and Jersey administrator J.P. Morgan ...
September 11, 2024 By: Amber Healy, Craig Nickerson, and Spencer Adler On September 3rd, 2024, Los Angeles County’s Fair Chance Ordinance (“FCO”) went into effect, establishing new criminal background check requirements for employers in unincorporated areas of Los Angeles County. The FCO expands the limitations placed on employers by California’s Fair Chance Act (“FCA”) ...
A federal court has issued a nationwide injunction blocking enforcement of the Federal Trade Commission’s (“FTC”) new rule that would ban nearly all non-competition (“non-compete”) deals. The rule, issued on April 23, 2024 (the “Non-Compete Rule”), would broadly ban employer/employee non-compete agreements nationwide and was set to go into effect on September 4, 2024 (“Effective Date”) ...
This newsletter features a look into notable recent case law and other developments in Finnish competition law and other regulatory issues. The Finnish Competition and Consumer Authority proposes a first ever fine for an alleged obstruction of a dawn raid In May 2024, the Finnish Competition and Consumer Authority (FCCA) proposed that the Market Court imposes an infringement fine of approximately EUR 4.4 million for an alleged obstruction of the FCCA's unannounced inspection ...
Dr. Christine Calleja from Mamo TCV Advocates and Dr. Matthew Brincat from Ganado Advocates will be participating in an upcoming webinar organised by Novargo on the 12th of September. This webinar will focus on tackling key employment law issues encountered by HR professionals. Participants will have the chance to ask questions and gain invaluable insights on effectively navigating complex legal matters and workplace challenges ...
Two Carey Olsen lawyers named eprivateclient 2024 NextGen leaders The 2024 eprivateclient NextGen Leaders award is open to nominees from within the private client advisory professions, including private client tax, trust, dispute resolution, and family lawyers, as well as accountants and trustees. Judging is based on the individual's qualities and achievements ...
Changes to the Cayman Islands Beneficial Ownership Regime The New BO Regime extends the scope of entities required to maintain a BO Register by including limited partnerships and removing a number of exemptions, while also consolidating the requirements in a single statute and reducing duplication of reporting where one Cayman Islands entity holds a reportable interest in another ...
In Harrington v. Purdue Pharma LP in June, the U.S. Supreme Court held that the U.S. Bankruptcy Code does not authorize nonconsensual releases of nondebtors as part of a Chapter 11 plan ...
Under 35 U.S.C. § 102, the “on-sale bar” invalidates a patent if an inventor has sold or made the invention publicly available more than one year before filing the patent application.[i] Recently, the United States Court of Appeals for the Federal Circuit decided Celanese Int'l Corp. v. International Trade Commission, and held to the traditional rule that the on-sale bar clock starts when an inventor sells a product made with a patented process ...
The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most employment-based green cards. The NIW is granted to foreign nationals who can demonstrate that their work is in the national interest of the United States, making it a valuable option for highly skilled professionals ...
Carey Olsen announces new counsel within Bermuda employment law practice Bradley has over ten years of experience advising clients on a full range of contentious and non-contentious employment law matters. He also advises on all aspects of Bermuda immigration law, both for corporate and individual clients, in addition to data protection and privacy matters. Bradley was admitted as a solicitor of England and Wales in 2011 and was called to the Bermuda Bar in 2020 ...
Until recently, employer matching contributions under qualified plans were required to be conditioned solely upon employee contributions made to the plan. However, one of the many changes enacted by the Consolidated Appropriations Act, 2023, Pub. L. 117-328 (“SECURE 2.0”) enabled certain qualified plans to condition employer matching contributions on employees’ qualified student loan repayments, effective for plan years beginning in 2024 ...
At a time when Canada and many other countries are taking steps to protect users from harm online,1a decision was handed down by the Supreme Court of British Columbia (the “Court”) on January 15, 2024, regarding the conduct of a competitor with respect to complaints about intellectual property infringement made on Amazon’s e-commerce website ...
The Dubai International Financial Centre (DIFC) has introduced the DIFC Prescribed Company Regulations 2024 (the 2024 Regulations), replacing the DIFC Prescribed Company Regulations 2019 (as amended in 2020 and 2022) (together theFormer Regulations). The 2024 Regulations came into effect on 15 July 2024 and expand the range of applicants eligible to incorporate a so called “prescribed company” in the DIFC ...
On Aug. 1, following five years of litigation, Tevra Brands LLC's antitrust suit against Bayer Healthcare LLC came to an end in the U.S. District Court for the Northern District of California ...
Law No. 21,398 (known as the "Pro-Consumer Law"), which amended Law No. 19,496, Consumer Protection Act ("CPA"), reinforced the right of withdrawal in distance purchases, establishing that: Consumers may exercise the right of withdrawal or repentance, within a period of 10 days from receipt of the product, without expression of cause, with respect to all purchases of goods, without conditioning the right to the will of the supplier ...
By: Stephen Best, Clayton Barnett, and Brian Adkins August 27, 2024 Introduction As many sports lawyers are aware, there have already been several examples of name, image, and likeliness (“NIL”) litigation throughout the country. In fact, we previously reviewed several groundbreaking cases which stood to fundamentally alter the landscape of college athletics ...
On the 9th of August 2024, the Health and Safety at Work Act, Act XXXIII of 2024 (Chapter 646 of the Laws of Malta) (hereinafter referred to as the ”Act”) was published by Parliament. Upon coming into force, the Act shall repeal the Occupational Health and Safety Authority (“OHSA” or “Authority”) Act (Chapter 424 of the Laws of Malta) and its subsidiary legislation ...
