Legal Updates

Outrageous Scam or Investor Must-Have? What ESG Means To Your Global Trade Business

Lately there has been much chatter about Environmental, Social, and Governance (“ESG”) policies in business. Elon Musk has called ESG “an outrageous scam.” And while there is no clear definition, investors and ratings agencies, as well as ultimate buyers and consumers, increasingly look for financially and morally sound companies that are committed to these principles, and the U.S. government is codifying various aspects of the wider ESG umbrella into law. While commenters tend to focus much attention on the Environmental side, this article will look at the trade-related areas encompassed by the Social and Governance aspects of ESG, including Human Rights, Forced Labor, Trade Controls, Anti-Corruption, and other areas of trade-related corporate compliance

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Upcoming Amendments to National Instrument 33-109 Registration Information and Related Instruments: What Registrants Need to Know Before June 2022

As of June 6, 2022, amendments to National Instrument 33-109 Registration Information (“NI 33-109“) and to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (“NI 33-101“) (the “Amendments“) come into force. These Amendments are relevant to all registration categories. Registrants will be required to update their internal policies and practices to comply with the Amendments. This article summarizes the Amendments and serves as a reminder about the upcoming changes.

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Annual Newsletter 2021

EDITORIAL

The year 2021, just like the year 2020, was prolific at the legislative level, both in the scope of the so-called Covid-19 legislation, which continued to mould the legislative reality to the evolution of the pandemic derived from the Covid-19 disease, and in the most diverse socio-economic spheres and areas of Portuguese society, including, as an example, the areas of taxation, housing, leasing and also justice.

Although numerous pieces of legislation directly or indirectly related to the Covid-19 pandemic were published, the year 2021 was marked by greater stability in the publication of non-pandemic related pieces of legislation, which deserve special mention. Read more…

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New warranty rules in Belgium as of 1 June 2022

With the Act of 20 March 2022 (Act amending the provisions of the former Civil Code relating to consumer sales, inserting a new Title VIbis in Book II of the former Civil Code and amending the Code of Economic Law), Belgium has transposed two European Directives into Belgian law:

–    Directive (EU) 2019/770 of 20 May 2019 on certain aspects of contracts for the provision of digital content and services, and
–    Directive (EU) 2019/771 of 20 May 2019 on certain aspects concerning contracts for the sale of goods.

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EEOC Issues Guidance on the ADA & Employer Use of AI Screening Tools

Over the past several years, workplace artificial intelligence (“AI”) tools have matured from novel to mainstream.  Whether facilitating attracting, screening, hiring, and onboarding job applicants or charting the career path or promotability of current employees, workplace AI tools will likely become more prevalent.  Legislators and administrative agencies have taken note and are in various stages of examining and regulating these tools, with the primary goal of ensuring that they do not violate federal and state laws prohibiting workplace discrimination.

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Employment Law Q&A: What is AI and why does it matter for employers?

What is AI?

AI stands for “artificial intelligence.” Generally, AI is the ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings. The term is frequently applied to the development of systems endowed with the intellectual processing characteristics of humans, such as the ability to reason, discover meaning, generalize, or learn from past experience. Read more…

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Five Lessons from DDTC’s Most Recent Consent Agreement

On January 21, 2022, the U.S. Directorate of Defense Trade Controls (“DDTC”) entered into a consent agreement with Torrey Pines Logic, Inc. (“TPL”) and its founder and president, Dr. Leonid Volfson, for alleged violations of the Arms Export Control Act (“AECA”) and the International Traffic in Arms Regulations (“ITAR”).1 TPL, an electro-optics and communications equipment company, allegedly committed violations that involved the attempted unauthorized export and unauthorized export of defense articles, including to proscribed destinations; involvement in ITAR-regulated activities while ineligible; and failure to maintain export transaction records. Read more…

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Risks Associated With a Simplified Life Insurance Proposal and Nullity Ab Initio

On March 28, RSS obtained a favourable decision on behalf of its client in Kabeya c. Compagnie d’assurance-vie RBC [RBC], 2022 QCCS 1035. In this decision, the Court concluded that a life insurance policy was null and void due to a false declaration by the insured regarding his Canadian citizenship status. The Court also considered the appropriateness of using a simplified form at the time of the application for a life insurance policy, as opposed to a more detailed application form, while recognizing the materiality of the false declaration in the insurer’s assessment of the risk.

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Unpacking Averages: Violations Found in Medical Device Warning Letters

Most companies want to avoid FDA warning letters.  To help medical device companies identify violations that might lead to a warning letter, this post will dive deeply into which specific types of violations are often found in warning letters that FDA issues.

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CHANGING RETAIL HABITS: THE END OF AN ERA FOR TRADITIONAL SHOPPING

The impact of COVID-19 has undoubtedly accelerated a shift in consumer behaviour towards online shopping. This increase has resulted in an unprecedented time for traditional shopping centres like Buchanan Galleries and the St Enoch Centre, with many shoppers now opting to do the majority of their shopping from the convenience of their own home.

The impact of COVID-19 has undoubtedly accelerated a shift in consumer behaviour towards online shopping. This increase has resulted in an unprecedented time for traditional shopping centres like Buchanan Galleries and the St Enoch Centre, with many shoppers now opting to do the majority of their shopping from the convenience of their own home. Read more…

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