Monthly Archives: November 2022

Congress Passes the Speak Out Act

[UPDATE: On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. This bipartisan legislation, passed by the U.S. Senate on September 29, 2022 and by the House of Representatives on November 16, 2022, limits the enforceability of predispute nondisclosure and nondisparagement clauses relating to sexual assault and sexual harassment claims.]

On November 16, 2022, the U.S. House of Representatives passed the Speak Out Act (the “Act”), which President Biden is expected to sign into law. The bipartisan legislation, passed by the Senate on September 29, 2022, limits the enforceability of predispute nondisclosure and nondisparagement clauses relating to sexual assault and sexual harassment claims.

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Llinks Legal Alert – Labor & Employment Law (November 2022)

Llinks Legal Alerts focus on cutting-edge labor law topics and brings you most updated legislation trend. Please stay tuned with us.  Read more…

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Do You Strive to Make Aspirational Benefit Claims? Lessons Learned from Recent Decisions

Environmental marketing claims have been a focus of regulatory, self-regulatory, and class action activity. While claims about past or present environmental benefits clearly require sufficient substantiation, companies should not assume that aspirational statements can be made with impunity.Earth Island Institute, an environmental nonprofit, sued Coca-Cola, claiming that the company deceptively marketed itself as sustainable and environmentally friendly, largely through the use of forward-looking aspirational statements. The Superior Court of the District of Columbia recently granted Coca-Cola’s motion to dismiss this case, finding that Earth Island Institute failed to allege that these statements were provably false or plausibly misleading. Read more…

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SECONDS & LEFTOVERS AFTER THANKSGIVING: Cleaning Up & Emptying Out The IP Fridge

The American holiday of Thanksgiving is tradition-laden and is celebrated as much for the leftovers after that November Thursday as it is for the turkey on that day, at least according to the US Department of Agriculture.  Indeed, Americans “idolize Thanksgiving left overs,” and the “[t]he overstuffing of America’s fridges has become something of a tradition every November,” as Grist noted. Indeed:

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Reserving a Company Name in Cyprus

In order for a company to be registered, the name under which it is proposed to be registered must have been previously approved by the Registrar of Companies and Official Receiver (hereinafter the “Registrar”) after submitting a relevant application.

According to the Companies Law Cap.113 the proposed name to be approved by the Registrar certain conditions must be met.

If the name is approved, then a name code is given to the applicant by the Registrar of Companies, which should be used when registering the company and which is valid for six months. Read more…

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WHAT DOES QUIET ENJOYMENT MEAN ANYWAY?

INTRODUCTION

Through the lens of case law, this article will provide an overview of the issue of quiet enjoyment in the context of commercial leasing. It will explore some common scenarios that may give rise to a potential breach and also highlight recent jurisprudence regarding government-imposed restrictions that interfered with tenants’ right to quiet enjoyment during the Covid-19 pandemic.

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SEBI makes changes to regulations for Alternative Investment Funds

Introduction

Alternative Investment Funds (AIF) are funds acting as privately pooled investment vehicles and are established or incorporated in India as per the provisions of the SEBI (Alternative Investment Funds) Regulations, 2012 as provided and administered by the Securities and Exchanges Board of India (SEBI) which is the official sectoral regulator for AIFs. AIFs aim to pool funds from various categories of investors and invest monies from that corpus as their pre-determined policies of the respective AIF. Recent reports indicate that there has been increasing interest in AIFs as an investment instrument with estimates recording a more than 40% growth in AIF funding year-on-year from 2021 coupled with an increase in the number of AIFs registered in the country. Recognizing this ever-increasing popularity of AIFs in India SEBI has made multiple changes to the regulations dealing with AIFs to ensure that the regulatory framework can deal with this added workload and protect the interests of the investors.

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What Could Corporate Execs Learn from Sun Tzu? (Part II)

This week’s article is part 2 of 2 by Scotts Marrs, Managing Partner at Akerman’s Houston office and our first guest columnist, on his experience and advice on corporate crisis strategy. In case you missed it, you can read part 1 here. To submit a guest column, please email it to our Marketing Coordinator, Nicole Mailhoit at nmailhoit@levick.com.

We continue our review of sage corporate crisis strategies as gleaned from Sun Tzu’s 2,500-year-old Chinese masterpiece, The Art of War. His observations are relevant in today’s volatile business climate which has been rocked by COVID, recession, inflation, continued supply chain disruptions, the war in Ukraine, political unrest, scandals, and governmental investigations. Read more…

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The Art of War – Time Tested Corporate Crisis Strategies (Part I)

This week’s article is part 1 of 2 by Scotts Marrs, Managing Partner at Akerman’s Houston office and our first guest columnist, on his experience and advice on corporate crisis strategy. To submit a guest column, please email it to our Marketing Coordinator, Nicole Mailhoit at nmailhoit@levick.com.

COVID. Lingering supply disruptions. Recession. Inflation. Ukraine. Political unrest. Scandals. Governmental investigations. Social media. Climate change. Stock volatility. We have seen an unprecedented wave of corporate crisis. The key to survival may be found in the 2,500-year-old Chinese masterpiece, The Art of War penned by the philosopher and military strategist General Sun Tzu. As Sun Tzu correctly recognized, “a wise leader plans success:” Read more…

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Video: EEOC Targets Abortion Travel, Midterm Results, and SCOTUS Declines COVID-19 WARN Act Case – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we break down the Equal Employment Opportunity Commission’s (EEOC’s) recent commissioner charges surrounding abortion travel benefits, potential changes to employer policies due to midterm election results, and the U.S. Supreme Court’s (SCOTUS’s) decision not to review whether COVID-19 justifies a violation of the Worker Adjustment and Retraining Notification (WARN) Act.

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