Civil Law

The DOL Updates the QPAM Exemption from Prohibited Transaction Restrictions under ERISA (US)

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and the Internal Revenue Code Of 1986, as amended (“Code”) contain broad prohibitions on transactions between ERISA-covered employee benefit plans and Individual Retirement Accounts (“Plans”), as well as certain people or entities closely connected to such Plans, known as “parties in interest” or “disqualified persons”. Absent an exemption, the types of transactions that are prohibited include sales and leases or loans between a Plan and a party or parties … Read the rest

Civil Law

SEC Wins Insider-Trading Suit Alleging “Shadow Trading”

A federal jury in California agreed with the SEC that a corporate official engaged in insider trading when he purchased securities of a company based on material nonpublic information (“MNPI”) about a different company. The April 5, 2024 verdict for the SEC in SEC v. Panuwat (N.D. Cal.) could embolden the SEC to pursue more claims of “shadow trading,” which involves trading the securities of a public company that is not the direct subject of the MNPI but whose stock price allegedly … Read the rest

Civil Law

EU BANS PRODUCTS MADE USING FORCED LABOUR – WHAT SHOULD COMPANIES EXPECT?

On March 5, 2024, the European Parliament and the Council of the European Union reached a “political agreement” on a Regulation prohibiting products made with forced labour (“the EU Forced Labour Regulation” or “the EUFLR“) on the European Union (“EU“) market (see Insight of 6 March 2024 hhttps://www.mayerbrown.com/en/insights/publications/2024/03/eu-political-agreement-on-forced-labor-product-ban). The EUFLR prohibits companies from “placing and making available” on the EU market, or exporting from the EU, products made with forced labour.

Continue reading at Mayerbrown.com.

LexBlog… Read the rest

Civil Law

Settlement Portends Broad Failure in Attempts to Ban Natural Gas

The City of Berkeley is going to repeal its regulation that prohibits the installation of natural gas piping within newly constructed buildings.

Last week the California Restaurant Association announced that the group and the City of Berkeley entered into a settlement agreement immediately halting enforcement of the City’s ‘first in the nation’ ban on natural gas piping as the City Council takes steps to repeal the 2019 ordinance after the U.S. Court of Appeals for the 9th Circuit refused to … Read the rest

Civil Law

Texas Bar Foundation recognizes Craig T. Enoch

The Texas Bar Foundation honored retired Supreme Court of Texas Justice Craig T. Enoch with the 2024 Gregory S. Coleman Outstanding Appellate Lawyer Award, according to a press release.

The award, established in 2011, commemorates the late attorney Gregory S. Coleman and celebrates the ideals and standards that Coleman demonstrated in his appellate practice and personal life. Recipients exhibit an outstanding appellate practice while maintaining a strong commitment to providing legal services for the underserved. The award also recognizes dedication … Read the rest

Civil Law

DEFORESTATION REGULATION: IMPACTS OF A POSSIBLE DELAY IN RISK CLASSIFICATION OF COUNTRIES AND OTHER RECENT DEVELOPMENTS

On 9 June 2023, the European Union published Regulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation (the “Deforestation Regulation” or the “EUDR”). The EUDR entered into force on 29 June 2023, although the main prohibitions and obligations will not apply until 30 December 2024.

Pursuant to the EUDR, beginning 30 December 2024, relevant products (derivatives of palm oil, soya, wood, … Read the rest

Civil Law

Actualité social

Jurisprudence

Les conditions d’ouverture du droit aux indemnités journalières s’apprécient au premier jour de I’arrêt de travail /

Une irrégularité dans la procédure de sanction disciplinaire ne peut entacher sa validité si elle n’a pas d’impact sur les droits à la défense du salarié /

Le temps de trajet n’est pas du temps de travail effectif même si le salarié reste joignable /

L’entretien préalable et la signature d’une convention de rupture conventionnelle peuvent avoir lieu le même jour /… Read the rest

Civil Law

Never Beyond the Law – the Spanish AEPD’s Position on the Processing of Whistleblower Data

In February 2023, Spain implemented Directive (EU) 2019/1937 (although it did not become fully applicable until December of that year) by means of Law 2/2023, of February 20, 2023, regulating the protection of persons who report regulatory violations and the fight against corruption (the “Law”). The Law, which requires all public and private organizations (with more than 50 employees or simply operating in certain sectors, even if they have fewer employees) to implement a whistleblowing system, has raised … Read the rest