Regions

E-ELEGAL® MAY 2020

I. EDITORIAL – CALAMITY SITUATION

The month of May was defined, at the legislative level, by the approval and publication of Decree-Law no. 22/2020 of May 16, which amended the exceptional and temporary measures related to the COVID-19 pandemic.

On the other hand, reference should be made to the Council of Ministers Resolution no. 38/2020 of May 17, which extended, in accordance with the timetable for progressive withdrawal of confinement, the declaration of the situation of calamity. Read more…

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Martin Côté in a Webinar on Solicitor-client Privilege

June 10, 2020 — Martin Côté will be presenting the webinar “Tout ce que vous devez savoir relativement au secret professionnel de l’avocat en entreprise et au privilège relatif au litige” (Everything you must know on solicitor-client privilege for in-house counsel, and on litigation privilege), broadcast on Wednesday, June 17, from 12:00 to 1:30 pm. This activity, hosted by the Bar of Quebec, is recognized for lawyers’ mandatory continuing education.

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Time Is Money: A Quick Wage-Hour Tip on … Tip Pooling

Many hospitality businesses, such as restaurants and bars, have found themselves restructuring their daily operations in light of the current global COVID-19 health crisis, and the subsequent federal, state, and local shelter in place orders. For instance, where restaurants and bars once served customers on a dine-in basis, perhaps they are now restricted to take-out only or delivery options, and, as a result, many employers who are still operating in the wake of the pandemic now have very few employees with customer-facing roles.

Because of the necessary changes in daily operations, many businesses are reconsidering their tip policies. Perhaps your policy was to allow employees to keep all tips he or she earned, which now seems unfair to employees who are integral to serving customers but no longer have direct customer contact so you want to shift to a tip pool model. Perhaps you have always operated on a tip pool model, but with ever-shifting job duties and positions, you are unclear whether your tip pool policy is legally compliant. Whatever the case, one thing is certain: given that daily operations of customer-service oriented businesses has likely changed and will continue to change as our country slowly moves toward reopening, now is the perfect time to revisit some important considerations if you are thinking about shifting to a tip pool model or even if you already have one.

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Lidings lawyers have defended client against a criminal charge worth over 60 million rubles

Lawyers of the Lidings’ Criminal Defense Practice have successfully defended client charged with tax evasion (for 60 million rubles) and large-scale fraud (for 10 million rubles). The project lasted more than two and a half years led by the firm’s partner and attorney Stepan Guzey. Despite intense opposition from the Prosecutor’s Office of Novgorod Region and introduction of restrictions to combat the spread of COVID-19 the criminal case was terminated during pre-trial investigation.

In August-November 2017, the Investigative Department for the City of Velikiy Novgorod commenced criminal proceedings against the CEO of the client, a major regional supplier of agricultural machinery, the company OOO Avtopromash. Legal grounds for the commencement were Part 2 of Article 199 of the Criminal Code of the Russian Federation (large-scale tax evasion) and under Part 4 of Article 159 of the Criminal Code (large-scale fraud).

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CSA ANNOUNCES AMENDMENTS TO REGULATORY FRAMEWORK FOR AT-THE-MARKET DISTRIBUTIONS

On June 4, 2020, as part of its effort to reduce the regulatory burden, the Canadian Securities Administrators (the “CSA“) announced amendments coming into effect on August 31, 2020 (the “Amendments“) to the regulatory framework for at-the-market (“ATM“) distributions. Among other things, the Amendments will eliminate the requirement to obtain exemptive relief from securities regulatory authorities and will streamline the process for conducting an ATM distribution. In particular, the Amendments:

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Explanations of the Constitutional court regarding the conclusion of fixed-term employment contracts with persons who are employed to perform certain work

In its recent Ruling1, the Russian Constitutional court clarified the provisions of the Labor Code regarding the conclusion of a fixed-term employment contract with persons who are employed to perform certain work when the date of completion of work cannot be determined by a specific date (paragraph 8, part 1 of article 59 of the Labor Code).

A private security company concluded an employment contract with its employee for 1 year. Employee’s job duties were based on security services agreements concluded by the employer with its clients. At the end of each term, the employer signed new employment contracts with the employee for each subsequent calendar year with a period of validity from January 1 to December 31. The employer justified this approach by the fact that contracts with counter-parties were limited by a certain period of service provision, which causes the conclusion of a fixed-term employment contract with an employee in accordance with paragraph 8, part 1 of article 59 of the Labor Code.

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Marilyn Piccini Roy’s Work Gets Recognized Again

June 5, 2020 — Marilyn Piccini Roy, Ad. E., TEP, was recently awarded the 2019 Volunteer of the Year award by STEP Canada, a leading association of tax and estate professionals.

She was also re-elected as Secretary of the International Academy of Estate and Trust Law.

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Bailiff Services: Issuing and Filing of Proceedings in Non-urgent Matters Is Now Allowed

By Mariella De Stefano, from our Insurance Law Practice Group

June 3, 2020 — As you may know, the activities have gradually resumed at the court houses in Quebec as of June 1, which is great news for the legal community as well as for citizens. Each judicial district is however distinct with respect to issuing and filing of proceedings.

With respect to the judicial districts of Montreal, Longueuil and Salaberry-de-Valleyfield, it is now possible for bailiffs to issue and file at the counter of the court houses proceedings associated with non-urgent matters. This is still not the case in Laval and Saint-Jérôme; however, we continuously verify, as the situation is in constant evolution.

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Best Lawyers 2021 Rating Names 7 Lidings’ Partners Top Lawyers in Russia

Best Lawyers, an international legal directory annually identifying the most prominent lawyers around the world by analyzing their professional skills and achievements during the year, once again lists Lidings’ experts among the best lawyers in Russia.

Based on the results of the new research 7 Lidings’ partners are recognized among the top legal advisors in 11 key practice areas in the country.

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Connecticut Trade Secret Laws: Q&A Guide for Employers

Thomson Reuters Practical Law has released the 2020 update to “Trade Secret Laws: Connecticut,” a Q&A guide to state law on trade secrets and confidentiality for private employers, co-authored by our colleagues David S. Poppick and Carol J. Fahertyattorneys in Epstein Becker Green’s Stamford office.

Click here to download the full Q&A in PDF format.

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