Legal Updates

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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Illinois Non-Compete Laws: Q&A for Employers, 2022 Update

Thomson Reuters Practical Law has released the 2022 update to “Non-Compete Laws: Illinois,” a Q&A guide to non-compete agreements between employers and employees for private employers in Illinois, co-authored by our colleagues Peter Steinmeyer and David Clark, Members of the Firm in the Employment, Labor & Workforce Management practice.

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GST UPDATE: GUIDELINES FOR VERIFICATION OF TRANSITIONAL CREDIT

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.

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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…

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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.

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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.

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