The Government of India overhauled the indirect tax structure and implemented the goods and services tax (“GST”) many years ago but its execution especially with regard to transitional credit has been shaky and subject to various writ petitions and other litigations across India. Fortunately, the issue related to carrying forward of credit from the erstwhile service tax regime to GST was resolved by the recent verdict of the Supreme Court in the case of “Union of India & Ors V. Filco Trade Center Pvt. Ltd & Anr” 1.
Legal Updates
November 22, 2022
New BIS Policy Cracks Down on Uncooperative Foreign Governments With Broad Implications for Parties Trading in Goods Subject to EAR
The U.S. Department of Commerce Bureau of Industry and Security (“BIS”) is cracking down on foreign governments that prevent the end-use checks the BIS uses to ensure compliance with Export Administration Regulations (“EAR”).
BIS’s mission is broad, explains the Assistant Secretary for Export Enforcement, Mathew Axelrod: to “protect sensitive American goods from falling into the wrong hands.”[1] End-use checks are one method used in carrying out this mission, and recent policy updates announced by BIS emphasize the significance of end-use checks and the consequences exporters may face if they are not in timely completed. Read more…
November 19, 2022
Trademarking a Name and the Right of Publicity
Suppose that you want to register a trademark that incorporates a name of a person to identify the source of goods or services for your business. Should you register your trademark with the U.S. Patent and Trademark Office (USPTO)? What about the right of publicity of the individual? Can you obtain a registration from the U.S. Patent and Trademark Office? The answer may be YES! depending on the specific facts regarding the person.
November 18, 2022
NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the Workplace, Following the Recent Regulatory Trends
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find electronic monitoring and automated or algorithmic management practices illegal if such monitoring or management practices interfere with protected activities under Section 7 of the National Labor Relations Act (“Act”). The Board’s General Counsel stated in the Memorandum that “[c]lose, constant surveillance and management through electronic means threaten employees’ basic ability to exercise their rights,” and urged the Board to find that an employer violates the Act where the employer’s electronic monitoring and management practices, when viewed as a whole, would tend to “interfere with or prevent a reasonable employee from engaging in activity protected by the Act.” Given that position, it appears that the General Counsel believes that nearly all electronic monitoring and automated or algorithmic management practices violate the Act.
November 18, 2022
New Jersey Health Care Workers: New Job Protections Following Changes in Control of Their Health Care Entity Employer
Effective November 16, 2022, non-governmental health care entities must offer eligible employees continued employment for at least four months following a change in control without any reduction in their wages and benefits – including paid time off, health care, retirement, and education benefits in accordance with Senate Bill No. 315 (the Law). Change in control includes sales, transfers, assignments, mergers, and reorganizations and is deemed to “occur on the date of execution of the document effectuating the change.”
November 17, 2022
Year-end portrait 2022 — Insurance Law
Profile of Rachel Clément
Rachel Clément is a partner, and co-chair of our Insurance Law Group.
In addition to conducting her practice and ensuring the group’s leadership, she plays a key role in managing our client relationships, especially with major clients in Quebec and Ontario as well as in London.
November 17, 2022
New Job Protections for New Jersey Health Care Workers Following Changes in Control of Their Health Care Entity Employer
Effective November 16, 2022, non-governmental health care entities must offer eligible employees continued employment for at least four months following a change in control without any reduction in their wages and benefits – including paid time off, health care, retirement, and education benefits in accordance with Senate Bill No. 315 (the Law). Change in control includes sales, transfers, assignments, mergers, and reorganizations and is deemed to “occur on the date of execution of the document effectuating the change.”
An “eligible employee” means any individual employed at the health care entity during the 90 days preceding a change in control or any former employee with recall rights under a collective bargaining agreement. The Law exempts managers, executive employees, or any employee discharged for cause during the 90-day period. “Cause” is not defined in the Law, however.
November 17, 2022
Podcast: Owner’s Outlook: National Trends in Construction Claims – Diagnosing Health Care
In this episode of the Diagnosing Health Care Podcast: The past three years have been tumultuous in the health care construction economy, and the patterns in recent construction claims might surprise some. Which types of claims are popping up, in what regions are they appearing, and what types of facilities are involved?
On this episode of our Owner’s Outlook series, hear from special guest Brett Lamb, co-founder and CEO of Construction Discovery Experts.
November 17, 2022
USTR Accepting Comments on China Section 301 Tariffs Beginning November 15th
The Office of the United States Trade Representative (“USTR”) is conducting a review of the China Section 301 tariffs that were put into place in 2018 under the Trump administration.
The USTR is required to review its tariffs every four years pursuant to Section 307(c) of the Trade Act of 1974 (“Trade Act”).[1] A notice in May of this year called for input from domestic industries that would benefit from the continuation of the tariffs.[2] Read more…
November 17, 2022
Following the Recent Regulatory Trends, NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the Workplace
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find electronic monitoring and automated or algorithmic management practices illegal if such monitoring or management practices interfere with protected activities under Section 7 of the National Labor Relations Act (“Act”). The Board’s General Counsel stated in the Memorandum that “[c]lose, constant surveillance and management through electronic means threaten employees’ basic ability to exercise their rights,” and urged the Board to find that an employer violates the Act where the employer’s electronic monitoring and management practices, when viewed as a whole, would tend to “interfere with or prevent a reasonable employee from engaging in activity protected by the Act.” Given that position, it appears that the General Counsel believes that nearly all electronic monitoring and automated or algorithmic management practices violate the Act.
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