News

The Impact of China’s New Foreign Investment Law

On March 15, 2019, the Foreign Investment Law1 (the “Foreign Investment Law”) was adopted at the second session of the thirteenth National People’s Congress (the “NPC”) of the People’s Republic of China (the “PRC”)2 The Foreign Investment Law will take effect on January 1, 2020; and the PRC Sino-Foreign Equity Joint Venture Law3 (the “EJV Law”), the PRC Wholly Foreign-Owned Enterprise Law (the “WFOE Law”) and the PRC Sino-Foreign Cooperative Joint Venture Law 4 (the “CJV Law”) will be repealed.

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$102 Million Wage Statement Award Against Wal-Mart Will Likely Lead To More Wage Statement Class Actions In California

While it may be true that employees rarely even look at their wage statements, there is one group of persons who certainly do – plaintiffs’ lawyers.  Or, more precisely, California plaintiffs’ lawyers.

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On The Way To A Fairer VAT System

The European court of justice (ECJ) has declared in a recent case that with checking VAT transactions, the tax authority cannot ignore examining the full budgetary impact. Thus it is not acceptable for the authorities to deny the right of VAT deduction to a taxpayer without allowing the other taxpayer to accordingly reclaim the VAT that is paid. Furthermore, the court has also found it unacceptable for the tax authority to base a fine only on the amount of the VAT deducted unlawfully without examining the text shortfall actually caused. The ruling can be considered as another important step towards the creation of a fair VAT system.

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Tightened rules on the operation of drones

If you are a drone user, or if you’re planning to purchase one for recreaonal or professional purposes, you should pay aenon to new federal regulaons. Considering recent incidents such as the collision of a drone and a plane in its final approach at the Québec City airport, or sighngs of drones at London’s Heathrow and Gatwick airports, Transport Canada [TC] had no choice but to ghten the applicable rules. As of June 1, 2019, Canada followed the lead of numerous countries in adopng tougher requirements for drone operaon. The key words are safety and knowledge.

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Upcoming Anti-Harassment Training Deadlines Require Law Firms to Train Employees in 2019

The Time for Training Is Now

In the past year, New York City, New York State, California, and Delaware have implemented new laws requiring all employers—regardless of industry—to train their employees on certain aspects of sexual harassment and reporting procedures. As a result of the #MeToo movement and the renewed focus on sexual harassment, at least 22 state legislatures are considering changes for employers, including mandating anti-harassment training, broadening the definition of “harassment,” and limiting dispute resolution options.

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Sick leave: must the medical certificate disclose a diagnostic?

June 4, 2019 — An employee taking a sick leave is usually required to justify his absence with a medical certificate. But can the doctor simply state that “This leave is medically justified” or must he provide details of the illness?

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SCC Throws Out Man’s Conviction Because of Police Misconduct

In a 3 to 2 decision, the Supreme Court of Canada set aside a man’s gun and drug related convictions ruling that, in light of the police’s unlawful conduct, the admission of incriminating evidence would bring the administration of justice into disrepute.  (See R. v. Le, 2019 SCC. 34)

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New Jersey revises data breach law, expands definition of personal information

On May 10, 2019, New Jersey Gov. Phil Murphey signed Assembly Bill 3245 into law. AB 3245 expands the definition of “personal information” under the state data breach statute and addresses electronic notification in the event that a data breach involves a username or password.

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New Oregon Law Requires Employers to Remind Departing Employees of Their Noncompete Obligations

Pursuant to a recently passed Oregon state law (HB 2992), noncompete agreements entered into on or after January 1, 2020 will only be enforceable against Oregon employees if the employer provides the departing employee with a signed copy of the agreement within 30 days after the employee’s date of termination.  Though at first blush, this law merely codifies the best practice of reminding departing employees of their continuing obligations to their former employer, it contains a few nuances Oregon employers should keep in mind.

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