Legal Updates

Health Care M&A Transactions: Securing Key Employees with Restrictive Covenants

Our colleagues Erik Weibust, Carter DeLorme, and Philip Antablin co-authored an article in AHLA’s Health Law Connections, titled “Securing Key Employees in Health Care M&A Transactions with Restrictive Covenants.” (Read the full version – subscription required.) 

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Modifications et ajouts à la Loi sur l’accès aux documents des organismes publics et sur la protection des renseignements personnels

Only available in French

Le 22 septembre dernier, de nouvelles dispositions amendant la Loi sur l’accès aux documents des organismes publics et sur la protection des renseignements personnels, RLRQ c A-2.1 [Loi] sont entrées en vigueur.

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Overview of the New Provisions of the Act Respecting the Protection of Personal Information in the Private Sector — What are the Implications for Employers?

The Act to modernize legislative provisions as regards the protection of personal information, SQ 2021, c. 25, amending the Act respecting the protection of personal information in the private sector, CQLR c P-39.1 [Act], among others, was proclaimed in force on September 22, 2021. Several provisions came into force on September 22, 2022. The bulk of the amendments, however, will come into force only on September 22, 2023.

As employers will face new obligations at that date, it is important to bear in mind both existing and upcoming rules.

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Podcast: Post-Dobbs: Access to Reproductive Health Care and Abortion-Inducing Drugs – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  In the aftermath of the Dobbs v. Jackson Women’s Health Organization decision, important questions have emerged about the current legal and regulatory landscape surrounding patient access to drugs that have historically been used to induce abortions.

How can health care providers and pharmacies navigate these new restrictions?

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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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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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