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- Countdown to casual conversion
The countdown is on for employers to achieve compliance with the new casual conversion provisions within the legislative timeframe. We outline the new casual conversion requirements and the essential steps employers must take before 27 September 2021. Read the full article here.
- NY HERO ACT Update: Department of Labor Issues Industry-Specific Model Airborne Disease Prevention
As we reported in an earlier alert, the New York Health and Essential Rights Act (NY HERO Act) required the New York State Department of Labor (DOL) to issue industryspecific model airborne disease prevention plans for employers to adopt. On July 7, 2021, the DOL issued a generally applicable prevention standard, Read the full article here.
- A Guide to Service Abroad
Following up on a recent article posted by my colleague, Christophe Shammas, on enforcing foreign judgments in Ontario, this guide sets out a brief overview on how to serve an originating process on a foreign entity. Read the full article here.
- Another Form to File: BE-13 Survey on Foreign Direct Investment
In a transaction involving an acquisition, formation or investment in a U.S. business by a foreign entity, there are a variety of legal, business, financial and operational matters to carefully consider, and ultimately, on which to execute. One lesser-known legal matter is the requirement to file the Form BE-13, Survey of New Foreign Direct Investment in the United States. Somewhat unintuitively, even though the filing requirement is triggered by the foreign entity’s involvement, the obligation to make the filing falls on the U.S. entity. Failure to file can lead to civil and even criminal penalties. Read the full article here.
- Flexible working requests expected to spike amid Level Zero
Employers may need time to clarify the wider workplace picture before they are in a position to handle requests from staff Read the full article here.
- Mircea Popescu – Is this the death of Bitcoin?
Romanian bitcoin billionaire and crypto exchange founder, Micrea Popescu, died suddenly, aged 41, leaving behind more than 1bn Bitcoin tokens. It is understood that he was behind the drive to keep Bitcoin from changing block size from 1MB to 2MB. He threatened to dump tokens onto the market, causing a crash in the price of Bitcoin if the block size was changed. A driving force in the Bitcoin market, Popescu’s crypto wallet may now be lost forever; this could cause a global effect on the price of Bitcoin. It is not yet known whether a will was left or what will now happen to his Bitcoin fortune. Read the full article here.
- Gender critical views are capable of protection from discrimination under the Equality Act 2010
The Equality Act 2010 makes it unlawful to discriminate against employees because of their religion or beliefs. Read the full article here.
- Government introduces new Respect@Work legislation
The Government’s Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 aims to amend federal laws to clarify and simplify the current sex discrimination and sexual harassment laws in Australia. We outline ways in which employers can prepare for the new legislation. Read the full article here.
- Regulatory Risk Assessment vs. Tort Law Causation: A Distinction with a Difference
Those of us in the business of defending clients in toxic tort and pharmaceutical product liability cases often take it for granted that pronouncements by regulatory agencies regarding risk are distinct and quite different in key ways from what is required in civil litigation for proof of causation. But how are they different, why are they different and where is the evidence that they are intended to be different? Read the full article here.
- Catch Me If You Can: Serving a China-Based Defendant in Cross-Border Litigation
If a U.S. company chooses to litigate claims with a Chinese company it has entered into a contract with, it needs to understand the unique requirements of serving a Chinese-based company. However, a recent California Supreme Court decision may ease those burdens if U.S. companies ensure key language when drafting agreements. Read the full article here.
- European Commission Adopts New Standard Contractual Clauses for Data Transfers
On Friday, June 4, 2021, the European Commission released eagerly anticipated Standard Contractual Clauses (SCCs) for transfers to third countries (the “Data Transfer SCCs”). On the same day, the European Commission released another set of Standard Contractual Clauses addressing data sharing between controllers and processors in the absence of a third-country transfer. Read the full article here.
- Environment Minister has a duty of care to protect Australian children from climate change harms
In a world-first judgment, the Federal Court of Australia has found that the Commonwealth Environment Minister owes Australian children a duty of care to protect them from harms associated with climate change. Read the full article here.
