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

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

The “Texas Two-Step” Firestorm: This Is No Dance!

In recent weeks, a move dubbed the “Texas Two-Step” has leaped from coverage first in publications geared only for the professional restructuring community, then to the mainstream press, then to hearings before the United States Senate Judiciary Committee, and now to a full-blown trial ongoing in a New Jersey bankruptcy court.  For those not closely following the action (perhaps thinking this was merely some new dance craze), a brief explanation of the Texas Two-Step strategy, the arguments for and against … Read the rest

Catfish from Vietnam recalled for lack of reinspection

Corfu Foods Inc. of Bensenville, IL, is recalling 6,570 pounds of swai, also known as catfish, imported from Vietnam that was not presented for import reinspection into the United States, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

“The problem was discovered when a company notified FSIS that they received and further distributed imported product without verifying that the product was presented for FSIS import reinspection,” according to the recall notice posted by the FSIS.… Read the rest

EC Notifies WTO of Draft Amendment to Cosmetics Regulation to Prohibit Certain Nanomaterials

The European Commission (EC) notified the World Trade Organization (WTO) on February 11, 2022, of a draft amendment to the Cosmetics Regulation regarding the use of certain nanomaterials in cosmetics products. The EC states that the amendment is required to enact the prohibition to use in cosmetic products certain nanomaterials for which the Scientific Committee on Consumer Safety (SCCS) identified a basis of concern. The draft amendment would revise Annex II to the Cosmetics Regulation (list of substances prohibited in … Read the rest

Weekend Reading: Stand

I’m a cyclist. I like cycling for my commute, fast rides, rides in the suburbs, fat biking in the snow. I like watching competitive cycling: men’s and women’s races. I watch more women’s racing because of Kathryn Bertine.

Kathryn Bertine details her activism for equality with women’s cycling in Stand. It’s a memoir detailing the ups and down in her professional life, and the ups and down in her personal life. All those ups and downs are framed in … Read the rest

EU Supervisory Authorities Led by the Belgian DPA Find IAB Europe’s TCF Infringes EU Data Protection Rules

On February 2, 2022, the Belgian Data Protection Authority (the ‘Belgian DPA’) imposed a number of sanctions against Interactive Advertising Bureau Europe (‘IAB Europe’), for alleged violations of the EU General Data Protection Regulation (the ‘GDPR’) by its Transparency and Consent Framework (the ‘TCF’).

TCF is developed by IAB Europe, in partnership with IAB Tech Lab.  It aims to help companies collect and transmit users’ preferences, including as to whether they agree to have their data processed for the purpose … Read the rest

10 Ways Lawyers Can Broaden Their Client Base

Have you heard the saying don’t put all your eggs in one basket? Well it’s so true for business professionals, especially lawyers.

Diversification of your client base is crucial as is not relying on one or two clients for all of your work, because change happens within organizations and to organizations every day.

People leave companies, needs change, mergers happen. Companies go out of business. You just never know.

It’s so important to also make sure that your building relationships … Read the rest