When the Second Payment Services Directive1 (‘PSD2’) replaced the First Payment Service Directive, the European Union (‘EU’) introduced the requirement of Strong Customer Authentication (‘SCA’). SCA enhances the security of electronic payments through additional layers of authentication with the aim to mitigate payment fraud ...
With its January opinion in Raymond James & Associates Inc. v. Jalbert, the U.S. Court of Appeals for the Fifth Circuit held that the bankruptcy debtor's indemnification obligations were discharged by the confirmed plan because the indemnified party failed to speak up ...
A Guide to Guernsey's population management regime following the new Employment Permit Policy Up until April 2023, two separate policies with different criteria governed immigration Work Permits and Population Management Employment Permits. However, to streamline the process and to enable businesses to look further afield to fill job roles, a new Employment Permit Policy (the New Policy) has been introduced ...
Our Employment and Benefits practice group recently organised an afternoon seminar focusing on current and upcoming topics in the field of employment law and within the labour market in Finland. This article dives deeper into some of the topics discussed during the successful afternoon at Krogerus and gives a brief overview on what to expect in the coming months in the field of employment law ...
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule (“Final Rule”) broadly banning non-competition (“non-compete”) agreements nationwide. With limited exceptions, the Final Rule prohibits employers from entering new non-compete agreements with workers and requires employers to notify workers with existing non-compete agreements that those agreements will not be enforced ...
On 17 April 2024, the JCT Design and Build 2024 (JCT DB 2024) was published. This is the first contract published in the new JCT 2024 suite, with further contracts set to be published on a rolling basis over the coming year. There are some notable changes, but overall the JCT has taken a balanced approach on the extent of the changes, building on the previous JCT Design and Build 2016 (JCT DB 2016). An understanding of the key changes is essential for those looking to adopt the new form ...
On April 12, 2024, the China Securities Regulatory Committee ("CSRC") released a public consultation draft of theProvisions on Program Trading Management in Securities Markets (for Trial Implementation)(《证券市场程序化交易管理规定（试行）（征求意见稿）》, the "Draft Provisions") ...
Probate and estate planning administration for Guernsey domiciliaries Why do I need a Guernsey grant of probate or administration? Guernsey is an independent legal jurisdiction for estate administration purposes. When a person dies leaving assets in Guernsey it is likely their personal representative will be required to obtain a Guernsey Grant of Probate or Administration in order to receive the Guernsey assets ...
Probate and estate planning administration for non-Guernsey domiciliaries Why do I need a Guernsey Grant of Probate or administration? Guernsey is an independent legal jurisdiction for estate administration purposes. When a person dies leaving assets in Guernsey, it is likely their personal representative will be required to obtain a Guernsey Grant of Probate or administration in order to receive the Guernsey assets ...
For many years, nurses in Ohio were only required to disclose convictions to the Ohio Board of Nursing on their biennial license renewal application. However, a new regulation from the Ohio Board of Nursing now requires licensees to additionally report a guilty plea, conviction or treatment in lieu of conviction of certain crimes within 30 days of the plea or entry ...
On 15 May 2024 a new report, titled 'Skills 2030; Building a World-Class Skills System' was launched in Westminster. Below are our key recommendations of the report and what it could mean for the automotive sector. The report includes contributions from multiple industries and sector leaders including the Institute of the Motor Industry (IMI), Jisc, The University of Derby and The University of Warwick ...
HR teams have a lot on their plate, but a key priority for 2024 is undoubtedly protecting the employee brand proposition. Our 2024 online programme is focused on supporting HR teams to do just this, equipping them with the tools they need to protect the employee brand proposition of the organisations they work for. Our latest webinar focused on what organisations need to do to protect their employee data ...
When the Scottish Law Commission (SLC) first invited comments in 2018 on the wide-ranging topic of termination of leases, it sought views not only on those elements which were subsequently covered in its draft bill, the Leases (Automatic Continuation etc) (Scotland) (Bill) published in 2022, but also on the Tenancy of Shops (Scotland) Act 1949 ...
Did the United States Supreme Court upend specific jurisdiction in Ford Motor Co. v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021)? Not quite. But the Court did rule for the first time that due process does not require a causal link between the defendant’s activities in the forum and the alleged injury to the plaintiff. This case calls into question decades of precedent in the U.S. Court of Appeals for the First Circuit suggesting otherwise ...
A guide to structured finance and securitisation in Jersey Carey Olsen is a market leader in structured finance and securitisation in Jersey. Clients of the structured finance and securitisation team include issuers, trustees, companies and global investment banks who we advise on the full range of structured finance and securitisation transactions ...
Carey Olsen advises on launch of FSN Capital's Innovative Compass Fund This Compass Fund utilises the same core processes as FSN flagship mid-cap funds, with the latest being the €1.8 billion FSN Capital VI launched in 2021. However, Compass tailors its investment approach and value creation model specifically for smaller companies ...
Chapter 12: Family, Medical, and Military Leave: Recent Developments Under the FMLA and USERRA April 2024 Co-Authored By: Michelle Brookfield The Family Medical Leave Act (FMLA) was enacted by Congress in 1993 and has now developed over thirty years of regulations and extensive caselaw ...
May 10, 2024 By: Dylan W. Wiseman and Sarah Andrzejczak On April 23, 2024, the Federal Trade Commission approved and issued its final rule effectively banning employers’ use of non-compete agreements (subject to very few exceptions). The rule becomes effective 120 days after publication in the Federal Register, heralding yet another stride towards enhanced employee mobility. Despite the unfavorable reception from many employers, it’s important to understand that all is not lost ...
Carey Olsen advises Shanta Gold on £156.1 million takeover by Saturn Resources Limited The transaction saw Saturn Resources increase its offer from 13.5 pence per share to 14.85 pence per share in order to secure the required support of Shanta shareholders, resulting in the acquisition being approved by more than 80% of the Shanta shareholders who voted at the shareholder meeting to approve the scheme ...
NPF4 forms part of the statutory development plan taking precedence where it postdates local development plans. Tesco argued that the local planning authority failed when considering whether the store was "small scale neighbourhood retail development". Tesco has successfully challenged a decision by Perth and Kinross Council granting planning permission to Aldi for a store at Pitheavlis, Perth. The store was intended to be a direct replacement for Aldi's existing store at Glasgow Road ...
Five years ago, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) made several significant changes to certain distributions required pursuant to Internal Revenue Code (“Code”) Section 401(a)(9) (“Required Minimum Distributions” or “RMDs”). The changes related to the RMD ‘10-Year Rule’ (summarized in greater detail below) have proven to be particularly difficult to interpret ...
In our fourth article in the series focusing on the risk of discrimination in the workplace, we consider the protected characteristic of pregnancy and maternity, the common issues that arise and what employers should do to avoid claims of discrimination. Despite the Equality Act 2010 (EqA) making it unlawful to discriminate against women because of pregnancy or maternity leave, women continue to face significant challenges in the workplace when they become parents ...
On 23 April 2024 the U.S.A.’s Federal Trade Commission (FTC) issued a final rule banning non-compete clauses in employee contracts. The rule will take effect six months following formal publication.1 The scope of the rule is an absolute and immediate prohibition of non-compete clauses, with the obligation on employers to serve notice on employees informing them they are no longer bound by the clause ...
Saleform 2012 is one of the most widely used contract formulars for the sale and purchase of second hand tonnage. The Saleform has its origins back to 1925 and was adopted by BIMCO in 1956. Since then, the Saleform has been amended several times, latest in 2012 ...
