What do the Jamsek and Personnel Contracting High Court cases really mean for the future of contracts and the performance of work?

Most recent commentary on the recent High Court decisions in Jamsek and Personnel Contracting suggests that the Court has confirmed the primacy to be given to the terms of the written contract when determining the nature of the relationship between the parties. Whilst that is a fair observation, there is much more to the story. Key to understanding the real commercial impact of the two High Court cases for business is an appreciation of two matters.

First, neither of the … Read the rest

What senators are saying: Tracking reactions to Jackson’s nomination

What senators are saying: Tracking reactions to Jackson’s nomination

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After President Joe Biden’s nomination of Judge Ketanji Brown Jackson, attention now turns to the Senate’s advice-and-consent process. It takes a simple majority in the Senate to confirm a nominee to the court. The chamber is split 50-50, with Vice President Kamala Harris able to cast the decisive vote in the event of a tie.

Here’s how senators from both parties reacted to the nomination on Friday.

Key Democrats

Two moderate Democrats – Kyrsten Sinema of Arizona and Joe … Read the rest

Russia, Ukraine: Update as of the Evening of February 24

This UPDATED post summarizes the situation as of late evening on Thursday, February 24, concerning current U.S. sanctions and export restrictions related to Russia and Ukraine. This supplements our post of late evening on Wednesday, February 23, which is available here.

As of late evening on Thursday, February 24, OFAC has taken the following additional actions, as follows:

Multiple additional banks were designated as SDNs.  Most prominently, OFAC designated VTB Bank Public Joint Stock Company (VTB Bank), which is … Read the rest

Court will assess double-jeopardy claim with implications for tribal sovereignty

Court will assess double-jeopardy claim with implications for tribal sovereignty

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Crimes against indigenous women are the subject of increasing public concern and awareness. Government officials – tribal, federal, and state – have established initiatives to address the disturbingly disproportionate rates of violent crimes perpetrated against indigenous women. The tools these governments have at their disposal are often limited by a criminal justice system and jurisdictional framework in Indian Country that is complex and historically unresponsive to the needs of Indian people. Because federal statutes and court decisions have limited … Read the rest