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Dazed and confused about recreational and medical cannabis
Fasken
  • Employment & Benefits
  • Canada
  • 20 February 2019

Recreational cannabis was recently legalised in Canada. However, employers are confused as to whether recreational and medical cannabis should be handled differently under human rights laws. Among other things, employers can prohibit the possession of any recreational cannabis at work even though the possession of small amounts is now legal. Nevertheless, employers are obliged to accommodate – to the point of undue hardship – employees who are addicted to recreational cannabis.

Whistleblowers' motivation relevant in disclosure of trade secrets
Mason Hayes & Curran
  • Employment & Benefits
  • Ireland
  • 20 February 2019

The EU Trade Secrets (Enforcement, etc) Regulations 2018 recently came into effect, implementing the EU Trade Secrets Directive in Ireland. The regulations now provide for the examination of a whistleblower's motivation where the disclosure or use of a trade secret is involved. Employers should be aware of this change and should, when receiving a protected disclosure, consider whether the protected disclosure contains information which might qualify as a trade secret.

How reasonable is reasonable accommodation?
Fenech & Fenech Advocates
  • Employment & Benefits
  • Malta
  • 20 February 2019

The Industrial Tribunal recently examined the concept of reasonable accommodation and what employers should do to accommodate their employees appropriately. In this case, the employee claimed that he had been discriminated against due to his heart condition and unfairly dismissed. The tribunal ruled in the employee's favour and awarded him €20,000 for unfair dismissal and another €10,000 for discrimination.

Federal court dismisses passenger claim based on Article 33 of Montreal Convention
Freidenberg Freidenberg & Lifsic
  • Aviation
  • Argentina
  • 20 February 2019

A federal court recently dismissed a lawsuit against El Al Israel Airlines by an Argentine passenger for moral and material damage following a missed flight. The court based its decision on Article 33 of the Montreal Convention and found that the claimant had failed to file a lawsuit against El Al before the courts where it was domiciled or had its principal place of business, where the contract had been made or before the courts of the claimant's planned destination.

Commercial manager not responsible for bunker oil pollution damage under bunker convention
WSCO Advokatpartnerselskab
  • Shipping & Transport
  • Denmark
  • 20 February 2019

The International Convention on Civil Liability for Bunker Oil Pollution Damage provides for a strict liability for bunker oil pollution damage. However, the Maritime and Commercial Court recently ruled that shipbrokers, chartering brokers and commercial managers that provide cargo, commercial contracts or commercial agreements but are not involved with a ship's technical operation may fall outside the scope of liable parties under the convention.

Ship and rig recycling: frequently asked questions
  • Shipping & Transport
  • International
  • 20 February 2019

International conventions and local regulations combine to create a complex legal regime, which is often overlooked. The sale of a ship or rig to an intermediate buyer, which then sells the asset on to a shipbreaking facility, will not necessarily insulate the original owner from future liability or reputational damage. This article addresses a number of frequently asked questions which owners and other parties involved in transboundary movements of marine assets for recycling may find helpful.

Private M&A transactions: new decree on foreign investments enters into force
AyacheSalama
  • Corporate Finance/M&A
  • France
  • 20 February 2019

The rules and procedures for protecting the interests of French companies when it comes to foreign investments have been amended by Decree 2018/1057, which came into effect on 1 January 2019. The new decree has extended the control of foreign investments to new sectors and enabled targets to take an active part in the process by giving them the right to directly ask the Ministry of Economy and Finance if the foreseen investment is subject to a prior authorisation.

National 'sickie' day: tips for managing sickness absence
Lewis Silkin
  • Employment & Benefits
  • United Kingdom
  • 20 February 2019

In 2018 sickness absences cost UK employers an average of £656 per employee. With employers likely to experience the highest levels of sickness absence between January and March, those looking to tackle short-term intermittent sickness absence may want to consider (among other things) offering flexible working options and duvet days while limiting the amount of annual leave employees take in the summer.

Health Canada requests feedback on company names added to Generic Submissions Under Review List
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • 20 February 2019

Health Canada recently requested feedback on the possible impact on and use to stakeholders if the Generic Submissions Under Review List is updated to include sponsor names (ie, the company that filed the generic submission). Sponsors are included in the Submissions Under Review List for new drug submissions (which includes biosimilars) accepted into review on or after 1 October 2018.

Abbott and Takeda plead third party's patent would be infringed by non-infringing alternative
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • 20 February 2019

On the eve of a Section 8 trial, the Ontario Superior Court granted Abbott and Takeda leave to amend their pleadings to assert that Apotex's alleged non-infringing alternative was unlawful as it would have infringed a third party's patent. The court found that Apotex had not established that it would be prejudiced by the amendment, as any delay to the trial could be compensated by costs and an adjournment if appropriate.

Airport computer system failure may be extraordinary circumstance
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 20 February 2019

The Federal Supreme Court recently ruled that the complete failure of an airport computer system may be considered an extraordinary circumstance. The court affirmed that airport system failures caused by technical defects which affect or suspend the functioning of technical equipment over a prolonged period are an external event affecting air carrier flight operations. Such events cannot be controlled by air carriers as the monitoring, maintenance and repair of such facilities is outside their responsibility and competence.

Employment law amendments introduced for seagoing vessels and crew
George Z Georgiou & Associates LLC
  • Employment & Benefits
  • Cyprus
  • 20 February 2019

Four employment laws concerning seagoing vessels and their crew were recently amended. Among other things, the amendments relate to transfers of seagoing vessels and their crew under a transfer of undertakings, the definition of a 'competent authority' for notifying collective redundancies and the role and protection of merchant vessel crew members who act as employee representatives.

Aircraft Purchase Fleet Limited sought $260 million in damages from Compagnia Aerea Italia
Vedder Price LLP
  • Aviation
  • United Kingdom
  • 20 February 2019

In a recent High Court Case, Aircraft Purchase Fleet Limited (APFL) sought $260 million in damages from Compagnia Aerea Italia (CAI) for an alleged repudiatory breach of a framework agreement under which CAI had agreed to take on lease certain new Airbus A320 family aircraft. APFL had agreed to buy these aircraft from Airbus. However, CAI argued that it had become impossible for either party to perform the framework agreement following Airbus' termination of its obligations to sell aircraft to APFL.

Ignore the collective dismissal regulations… at your peril!
CMS Albiñana & Suárez de Lezo
  • Employment & Benefits
  • Spain
  • 20 February 2019

The Supreme Court recently concluded that the implementation of individual redundancies which collectively exceed the applicable statutory thresholds should be carried out in accordance with the legal procedure for collective dismissals, even if agreements have been reached with employee representatives. This case was particularly complex due to the fact that the employment terminations had not been de facto implemented through a redundancy.

Genoa Court of Appeal confirms decision on limitation of carrier's liability under Hague-Visby Rules
Dardani Studio Legale
  • Shipping & Transport
  • Italy
  • 20 February 2019

A recent Genoa Court of Appeal decision interpreted the principle of the limitation of a carrier's liability under the Hague-Visby Rules. The decision affirms that receivers must give actual evidence of a carrier's knowledge that damage would probably have resulted as a consequence of its reckless conduct in order to claim the exclusion of the carrier's limitation of liability, with no recourse to factual presumptions.

DOJ announces more than $2.5 billion in FY 2018 False Claims Act recoveries from healthcare industry
Sidley Austin LLP
  • Healthcare & Life Sciences
  • USA
  • 20 February 2019

The Department of Justice (DOJ) recently announced that it had recovered more than $2.8 billion from False Claims Act (FCA) cases in the 2018 fiscal year. Although this number continues a multi-year downtrend in overall FCA recoveries, healthcare fraud remains a major DOJ focus. Of the $2.8 billion, $2.5 billion was extracted from various segments of the healthcare industry, including through major settlements with pharmaceutical and medical device manufacturers.

Labour Law – recap of 2018 and look ahead at 'Year of Tolerance'
Pinsent Masons
  • Employment & Benefits
  • United Arab Emirates
  • 20 February 2019

The UAE authorities have been focusing on the development and modernisation of the employment law landscape over the past 12 months and look set to continue to do so in 2019. Of particular note is that 2019 has been declared the 'Year of Tolerance', with a particular focus on establishing the United Arab Emirate as a global reference point for a tolerant culture. Further, the authorities are expected to continue to consult on legislation to support women in the workplace in the short to medium term.

Pre-trip inspections: are you doing enough?
Wilson Elser
  • Shipping & Transport
  • USA
  • 20 February 2019

Serious or fatal accidents involving tractor trailers or other commercial vehicles often arise in part from a maintenance defect in the vehicle. When this occurs and the matter goes into litigation, counsel for the plaintiff will shine a bright spotlight on the pre-trip inspection that was or should have been performed by the driver. This article addresses three key liability issues that commercial vehicle owners and operators should consider in their practices, policies and procedures pertaining to pre-trip inspections.

New statutory interest rate on judicial awards enters into force
Elias Neocleous & Co LLC
  • Litigation
  • Cyprus
  • 19 February 2019

The minister of finance recently announced that the statutory rate of interest on judgments pursuant to Article 33 of the Courts of Justice Law has been reduced to 2% per annum with effect from 1 January 2019. This rate will apply for the entirety of 2019.

SEC Division of Corporation Finance provides operational guidance following government shutdown
Morrison & Foerster LLP
  • Capital Markets
  • USA
  • 19 February 2019

The Securities and Exchange Commission (SEC) Division of Corporation Finance recently provided guidance for issuers regarding the approach that the division will take in processing filings, submissions and other requests for action by its staff. Issuers should carefully consider their plans with respect to registration statements, particularly given that it is possible that another government shutdown could commence if an appropriations bill funding the SEC's operations is not enacted prior to the current deadline.

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