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Increase in insolvencies reflects impact of current economic and political factors

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Latest statistics show a 20% increase in personal insolvencies in 2018/19 compared to the previous year but not up to the level of previous peaks The Scottish Government has just released the latest insolvency statistics for the period April to June 2019. These show that there has been a 20% increase in personal insolvencies since last year but current levels Read More

Don’t get stung by GDPR year two

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Last summer, the third sector was rightly caught up in a flurry of activity and concern about preparing for GDPR. Since then, things have gone quieter on the GDPR front, to the extent that some people see it as last year’s news. For any charity to think of it that way would be a huge mistake. Year two of GDPR Read More

Charity law consultation responses: is that all there is?

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The Scottish Government’s latest update on the charity law consultation is welcome, but there is more to be done, writes David Dunsire. When the Scottish Government launched its charity law consultation earlier this year, it said the time was right to consider updates to Scotland’s charity legislation – legislation that is now over 13 years old. The sector widely agreed. Charities Read More

CALIFORNIA BANS EMPLOYERS AND EDUCATORS FROM DISCRIMINATING ON HAIRSTYLES

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Employers and educators should be aware that on July 3, 2019, California became the first state to explicitly ban discrimination in employment and education based on natural Black hairstyles. Several steps may need to be taken before the new law goes into effect on January 1, 2020. The Creating a Respectful and Open Workplace for Natural Hair Act (the “CROWN Read More

USPTO IMPOSES REQUIREMENT OF U.S.-LICENSED ATTORNEY FOR FOREIGN TRADEMARK APPLICANTS AND REGISTRANTS

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UPDATE: On July 2, 2019, the U.S. Patent and Trademark Office (USPTO) issued the final rule indicating that the proposed rule discussed below would go into effect on August 3, 2019. Beginning on this date, foreign applicants and registrants will be required to identify a U.S. licensed attorney prior to examination of a trademark application. These rules will apply to Read More

THE CONFIDENTIALITY OF DRUG AND ALCOHOL RECORDS IN PART 2 PROGRAMS

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The misuse of drugs, including opioids, is currently one of the most serious public health problems in the United States. While health officials grapple with ways to address the drug epidemic (e.g. expansion of access to naloxone, tougher laws regulating opioid prescriptions), the treatment gap remains large. That said, over the past several years, the U.S. Department of Health and Read More

So You Think You Want to Operate a Charity in California?

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Subject to a limited set of exceptions, operating a charity in California that solicits and receives charitable contributions from California residents comes with a litany of somewhat onerous legal hurdles. The operation of charities in California is principally governed by two separate sets of laws: (1) the Supervision of Trustees for Charitable Purposes Act (the “Charitable Trusts Code”) and (2) Article 1.3 of Read More

Privacy Law Tidal Wave: Does the new Nevada law affect your business?

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While California held the collective attention of privacy professionals nationally in preparation for the effective date of the California Consumer Protection Act (CCPA), Nevada has snuck in a privacy law of its own. On October 1, 2019, SB 220 will become effective (which beats the CCPA effective date by three months). Should you turn your attention away from the CCPA Read More

UAE: Economic Substance Regulations issued

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Base Erosion and Profit Shifting (BEPS) is the use of legal tax planning strategies by companies to artificially shift profits to low or no-tax jurisdictions (in which there is little or no economic activity being undertaken by those companies). BEPS is a major concern for governments across the world and new BEPS laws and regulations are now enacted in most Read More

Structuring Your M&A Transaction: Asset Purchase Versus Stock Purchase

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When you are ready to buy or sell a company, it can feel like all the pieces are moving a million miles a minute. Whether you are the buyer or the seller, there are a number of considerations to keep in mind when structuring the transaction. In addition, determining the structure may be challenging as the buyer and the seller Read More