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Global Britain? Rules, Britannia: Britannia screens the investment waves
Gowling WLG
  • Corporate Finance/M&A
  • United Kingdom
  • 02 December 2020

The government recently published the National Security & Investment Bill. In a marked contrast to its 'Global Britain' aspirations in a post-Brexit world, the bill will create a mandatory screening regime for investment in certain core areas of the UK economy in which national security risks are considered more likely to arise. This article considers the key implications of the proposed new regime for investment in the United Kingdom.

High Court rules that 'workers' should be protected from health and safety detriment
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 02 December 2020

The High Court recently ruled that the United Kingdom has failed to properly implement EU health and safety law by restricting protection from detriment on health and safety grounds to 'employees'. The extension of such protection to the broader category of 'workers' potentially increases employers' exposure to COVID-19-related health and safety claims.

Should expert reports on Montreal Convention be allowed in challenge to APPRs?
WeirFoulds
  • Aviation
  • Canada
  • 02 December 2020

Even before the first tranche of Air Passenger Protection Regulations (APPRs) provisions came into effect, the International Air Transport Association, Airlines for America and numerous Canadian and foreign air carriers commenced a challenge to the legality of several provisions in the Federal Court of Appeal (FCA). The FCA recently issued a decision in a motion brought by the government to strike portions of two expert reports filed by the airlines in support of their position.

Home Office issues new guidance for sponsors
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 02 December 2020

The Home Office has issued new guidance for sponsors which replaces the Tier 2 and Tier 5 sponsor guidance. It covers the skilled worker, intra-company transfer and temporary worker routes and aims to provide information on sponsorship when these routes are launched from 1 December 2020.

Points for retail sector employers to consider when dismissing employees for economic or technical reasons
ALTIUS
  • Employment & Immigration
  • Belgium
  • 02 December 2020

The retail sector has been one of the sectors most affected by the COVID-19 pandemic and as a result employers therein might be considering dismissing employees for economic or technical reasons. Employers must be aware that most joint committees in the retail sector have entered into collective bargaining agreements obliging employers to first take measures to avoid dismissals and, if dismissals cannot be avoided, to comply with a specific procedure.

Is it time for a specific right to disconnect in Ireland?
Lewis Silkin
  • Employment & Immigration
  • Ireland
  • 02 December 2020

The mass move to homeworking triggered by the COVID-19 pandemic has shone a spotlight on the increasingly blurred boundaries between work and home and reignited the debate on the right to disconnect. Notwithstanding the protection afforded to employees under existing working time rules and health and safety legislation in Ireland, the current legal framework is inadequate to ensure a genuine right to disconnect. It remains to be seen how the government will choose to tackle the issue.

Private M&A deals: Paris Court of Appeal manual for overriding termination clauses
AyacheSalama
  • Corporate Finance/M&A
  • France
  • 02 December 2020

In acquisitions of group companies, the agreements entered into by the parties are often subject to termination clauses. If the conditions of a termination clause are met, the beneficiary of such clause can choose between terminating the agreement and waiving its termination right in order to obtain the contract's performance. A recent case before the Paris Court of Appeal provides an example of the issues that may arise when a termination clause is insufficiently accurate.

How is remote work regulated in Poland?
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 02 December 2020

During the COVID-19 pandemic many companies have decided to let their employees work from home. However, the issue of remote work is often problematic for Polish employers as it is not regulated in the Labour Code, which regulates only telework. The current regulations have not kept up with the changing circumstances and therefore pose difficulties regarding interpretation for employers. Employers should be careful and monitor both the situation and opinions presented by officials.

Limited stay-at-home orders and travel restrictions: what are you allowed to do?
Schoenherr
  • Employment & Immigration
  • Hungary
  • 02 December 2020

As of 4 November 2020 and 11 November 2020, the government introduced new COVID-19 restrictions, including the limited order to stay at home between 8:00pm and 5:00am. The law treats employment and business-related travel as a key exception from the rules. Thus, for business purposes, not only is cross-border travelling allowed, but so is travelling during curfew hours.

Ship arrests in Belgium – essential statute law
Kegels & Co
  • Shipping & Transport
  • Belgium
  • 02 December 2020

The new Belgian Maritime Code (NBMC) recently came into force and includes changes to the law on the arrest of sea-going vessels with regard to material law (arrests can now be made for non-maritime claims) and formal law (the legislation on the arrest of sea-going vessels has moved move from the Judicial Code to the NBMC). This article provides an overview of the essential law concerning ship arrests in Belgium.

Scheduling M&A transactions: practical considerations regarding FDI
City-Yuwa Partners
  • Corporate Finance/M&A
  • Japan
  • 02 December 2020

When a non-Japanese company or investor proceeds with an M&A transaction in Japan, one of the key regulations to observe is the Foreign Exchange and Foreign Trade Act (FEFTA), which regulates foreign direct investment (FDI). However, regulation under the FEFTA can delay the M&A transaction schedule. Therefore, this article sets out practical considerations relating to Japan's FDI regulations which non-Japanese companies and investors should bear in mind when scheduling an M&A transaction.

High court settles dispute regarding confiscated diesel following ship arrest
Shearn Delamore & Co
  • Shipping & Transport
  • Malaysia
  • 02 December 2020

A recent high court decision concerned an application with regard to the vessel MT Abbas, which had been arrested under the Merchant Shipping Ordinance. The court examined whether the respondents had jurisdiction over the controlled article which the second respondent had confiscated, whether the applicant was the owner and operator of the vessel in question and whether the respondents had acted in bad faith.

New ruling on principle of equal treatment for hired workers
Homble Olsby | Littler
  • Employment & Immigration
  • Norway
  • 02 December 2020

The Supreme Court recently ruled on whether hired personnel were entitled to a company bonus on an equal footing with permanent employees and apprentices in the company in which they were hired pursuant to the equal treatment rule in Section 14-12a of the Working Environment Act. This article analyses the ruling and highlights the key points for employers.

New rules on posting of workers in Sweden
Wistrand
  • Employment & Immigration
  • Sweden
  • 02 December 2020

Due to recent changes to the Posting of Workers Act, foreign employers may need to follow Swedish employment conditions for posted employees to a greater extent than before. In addition, Parliament has approved a proposal to introduce a so-called 'economic employer' concept in Sweden. Consequently, many foreign employers will also need to register with the Swedish Tax Agency in order to comply with Swedish tax reporting standards on a monthly basis.

Consequential order: functus officio rule stretched for interest of justice
Gan Partnership
  • Litigation
  • Malaysia
  • 01 December 2020

The Federal Court recently confirmed that the court is entitled to issue a further order subsequent to its final and perfected judgments or orders only in limited circumstances. However, a change or substitution of one form of remedy with another form of remedy ordered in a subsequent application does not amount to variation subject to the facts of each case. This decision reinforces the inherent jurisdiction of the court to grant consequential orders to ensure that justice is achieved.

Largest 'white elephant' in history of group actions
RPC
  • Litigation
  • United Kingdom
  • 01 December 2020

BHP has successfully applied to strike out 200,000 claims as an abuse of process. Had the judge not struck out the claims, he would have stayed proceedings on jurisdictional grounds under Article 34 of the EU Recast Brussels Regulation and the doctrine of forum non conveniens. While the significant nature of the proceedings would have raised England's profile as a forum for group litigation, this was ultimately not a case which fell within the parameters under which the court can accept jurisdiction.

Equity crowdfunding: alternative method of fundraising during COVID-19 pandemic
Freitas Ferraz Advogados
  • Banking & Financial Services
  • Brazil
  • 01 December 2020

Equity crowdfunding is a form of online fundraising conducted via an electronic platform for participatory investment which can help to boost business. Unlike regular crowdfunding, parties which participate in equity crowdfunding expect a financial return on their investment. In view of the characterisation of this form of investment as a public offering, the Brazil Securities and Exchange Commission recently commenced a public consultation in order to review Brazil's equity crowdfunding rules.

Enforcement under Security Interests (Jersey) Law 2012
Ogier
  • Banking & Financial Services
  • Jersey
  • 01 December 2020

The Security Interests (Jersey) Law (SIJL) 2012 came into force on 2 January 2014, changing the way in which security is created, perfected and enforced over Jersey intangible movable property. This article deals with the enforcement of security interests under the SIJL 2012.

Rome Court of Appeal rules on Russian roulette clause
Grieco e Associati
  • Corporate & Commercial
  • Italy
  • 30 November 2020

The Rome Court of Appeal recently ruled on a Russian roulette clause included in a shareholders' agreement which had been entered into on a 50:50 basis. The validity of Russian roulette clauses has been disputed as several scholars consider them to be against the mandatory provisions of company law relating to a shareholder's withdrawal from a company and their assessment.

New transitional flexibility remuneration mechanism and registration of flexibility service providers
Rokas Law Firm
  • Energy & Natural Resources
  • Greece
  • 30 November 2020

In July 2020 a ministerial decision of the Ministry of Environment and Energy was published in the Official Gazette. The decision encompasses the new transitional flexibility remuneration mechanism (ie, the fee paid to selected electricity providers for the provision of the flexibility service). The mechanism is now in force and will remain so until 31 March 2021 or the date of implementation of the long-term compensation mechanism regarding the electricity system's power sufficiency, whichever occurs sooner.

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