In the current climate, we know that many businesses in the hospitality, retail and leisure industry are facing financial difficulties and unfortunately for some it may lead to insolvency. It is important for all businesses and individuals which may face insolvency to be aware of the direct impact this can have on their premises licence if they hold one Read more…
Monthly Archives: December 2020
WHEN INSOLVENCY LAW AND LICENSING LAW INTERTWINE: A LOOK AT HOW INSOLVENCY CAN AFFECT A PREMISES LICENCE
Developments in technology have resulted in an increase in available programs and software which employers can use to electronically monitor the activities of their employees. It is not uncommon to have trackers in company vehicles for legitimate purposes such as in order to protect employees who are lone working while driving or have a record in case of road accidents. However, software can also allow for monitoring of employees using computers, and with the rise this year of working at home it can be tempting for employers to want to keep a close eye on employees working remotely – but it is legal for them to do so and what are the risks involved? Read more…
As featured in #WorkforceWednesday: The Department of Labor will look very different under President-Elect Biden from how it did under President Trump, and the changes could come in the early days of Biden’s presidency. Attorney Paul DeCamp tells us more.
Franchisors are subject to strict regulation when it comes to advertising to potential franchisees, but it’s also important to give sufficient attention to advertisements directed to consumers and ensure they are compliant with relevant advertising laws.
The Federal Trade Commission is the primary agency responsible for regulating public advertisements under the FTC Act. Other federal and state agencies also regulate the advertising of specific types of goods and services. For example, the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates the labeling and advertising of beer, wine and spirits and the Food Drug and Cosmetic Act sets requirements and limitations for the advertising of foods, drugs, dietary supplements, cosmetics and medical devices. In addition, state attorneys generals, competitors and consumers can also bring lawsuits for false advertising and unfair competition under the federal Lanham Act, and for violation of other state consumer protection laws. The burden of compliance with these advertising laws generally falls on the entity disseminating the ad—whether that be a franchisor or franchisee. But, courts have in some cases found franchisors vicariously liable for the torts of their franchisees—including false advertising—under agency theories. So, best practice is to ensure that both the franchisor and franchisees are aware of their obligations and are in compliance. Read more…
The first COVID-19 vaccines have started being shipped across the U.S. with the expectation that millions of doses will be administered over the next few weeks, with many times more over the coming months. This is unequivocally good news and reason for optimism. Meanwhile, however, the pandemic continues to spread nationwide and the numbers are rising rapidly.
Imposition of Sanctions Against Turkish Entities and Persons Under CAATSA (“Countering Americas Adversaries Through Sanctions Act”)
On December 14, 2020, the U.S. announced sanctions against the Republic of Turkey’s Presidency of Defense Industries (SSB), pursuant to Section 231 of CAATSA, for procuring the S-400 surface-to-air missile system from Russia’s Rosoboronexport. SSB is Turkey’s primary defense procurement entity and has responsibilities in defense industrial development.
As a result of these sanctions, we advise companies conducting business in Turkey, particularly in the defense, intelligence, law enforcement, or aerospace sectors, to assess their exposure with respect to business involving SSB, with emphasis on any transactions in one of these sectors in Turkey where an export license or authorization was utilized.
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Which state’s wage and hour laws apply to Louisiana employers whose employees applied and interviewed for their jobs in Louisiana, acknowledged receipt of employment documents in Louisiana, and resided in Texas, Mississippi, and Ohio while they worked offshore? The answer, according to the California Court of Appeals, is California if the employees are based in California.
The Defence Acquisition Procedure 2020 (“DAP”) released by the Ministry of Defence (“MoD”) on September 30, 2020 supersedes the Defence Procurement Policy 2016 with effect from October 1, 2020. All new defence acquisitions will be governed by DAP. However, if the Request for Proposals (“RFP”) has already been issued then the vendor will be governed by the defence procurement policy under which the RFP was issued. DAP has been introduced to ensure timely acquisition of military equipment, systems and platforms as required by the armed forces in terms of performance, capabilities, and quality standards, through optimum utilization of allocated budgetary resources.