interest |

Civil Law

The in duplum rule does not apply to late payment interest on arrear pension fund contributions owed by participating employers

Since 2020, most retirement funds have been faced with a situation where participating employers have failed to comply with section 13A of the Pension Funds Act, 1956 (PFA), by either underpaying employer or member contributions or not paying at all. The non-payment of contributions attracts late payment interest in terms of section 13(7) of the PFA.

It is against this background that the Financial Sector Conduct Authority (FSCA) repealed Regulation 33, which governed payment of pension fund contributions and … Read the rest

Civil Law

Insurance and common interest legal professional privilege

A party may claim legal advice privilege or litigation privilege.

Legal advice privilege requires that the information is legal advice, given by a legal advisor in confidence to a client and in respect of which privilege is claimed.

Litigation privilege protects communication between co-litigants or their legal advisors and third parties where the communication is made for the purposes of pending or contemplated litigation. The relevant document must have been obtained or brought into existence for the purposes of a … Read the rest

Supreme Court

A business perspective: Diversity in university admissions is a compelling interest

This article is part of a symposium on the upcoming arguments in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President & Fellows of Harvard College. A preview of the case is here.

Michael R. Dreeben is a partner and Natalie Camastra and Kelly Kambourelis are associates at O’Melveny & Myers LLP. They were counsel on an amicus brief supporting UNC and Harvard.

The business case for diversity in university admissions … Read the rest

Civil Law

Prosecutorial Civil Public Interest Litigation of Antitrust Case Under the New China’s Anti-Monopoly Law

Preface

The revised Anti-Monopoly Law of the People’s Republic of China (“New AML”) entered into force on August 1, 2022. The New AML introduces in the second paragraph of Article 60 that “where the monopolistic conduct of an undertaking damages social and public interest, the people’s procuratorate at or above the level of city with subordinate districts may file a public interest civil lawsuit with the people’s courts”, thereby clarifying for the first time the application of civil … Read the rest

Supreme Court

Justices, signaling interest in False Claims Act, are asked to clarify a “knowing” violation

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

On Monday, the court asked the government to weigh in on a petition filed earlier this year, about whether it matters that someone accused of “knowingly” defrauding the government under the False Claims Act believes or understands their own conduct was unlawful. Known as a “call for the views of … Read the rest

Supreme Court

Preemption, Bivens, conflicts of interest, and free exercise

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

There was an unusual amount of turnover this week. On Friday afternoon, the Supreme Court granted review in five relisted cases, four of them involving the Environmental Protection Agency’s authority to regulate greenhouse gases, the fifth involving the ability of states to intervene to defend the Trump administration’s “public charge” immigration rule. Then, … Read the rest