Delaware Personal Data Privacy Act: New Era of Consumer Protection Begins in 2025

As digital privacy continues to concern consumers worldwide, new legislation in Delaware aims to enhance the level of protection consumers receive with respect to their personal data. Delaware Governor John Carney recently signed the Delaware Personal Data Privacy Act into law. According to reports, this new piece of legislation will become effective on January 1,…

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Bermuda’s Shift in Corporate Tax Strategy: Impact on Reinsurance Agreements and Global Business Operations

Bermuda is potentially set for a significant shift in its corporate income tax landscape, as the jurisdiction contemplates the adoption of a novel corporate income tax structure by January 1, 2025 or later. This change is spurred by the Organisation for Economic Co-operation and Development’s (OECD) Base Erosion and Profit Shifting (BEPS) Pillar II global…

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California Fast Food Workers Anticipate Pay Boost Following AB 257 Policy Amendments

In a significant development in the food industry, fast-food workers in California are anticipating a potential increase in their pay following some pivotal amendments and negotiations over the 2022 Fast Food Accountability and Standards Recovery Act (“AB 257”). The amendments were made possible through the efforts of California Governor Gavin Newsom and a consortium of…

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Unintended Job Locations: Navigating LCA Guidelines for H-1B Workers in Remote Work Era

The US Department of Labor recently released round 4 of their FAQ’s pertaining to Labor Condition Applications (LCA’s). Amidst the topics covered, one notable subject that emerged was the consideration of new, unintended job locations in relation to H-1B, H-1B1, and E-3 workers. The associated concerns have become increasingly apparent due to the evolution of…

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IRS Adjustments to ACA Affordability Safe Harbors Require Increased Vigilance from Employers

Employers worldwide would do well to keep an eye on changes in U.S. healthcare legislation, given the new adjustments announced by the Internal Revenue Service (IRS) related to the Affordable Care Act (ACA). Particular attention should be paid to shifts in what is deemed ‘affordable’ under ACA legislation, given the potential for significant financial penalties….

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SEC Private Fund Adviser Rules Countdown Begins: Compliance Dates and International Ramifications

Earlier today, another significant stride in the regulatory sphere of the U.S. legal landscape came into focus. The Securities and Exchange Commission’s (SEC) Private Fund Adviser Rules have been officially published in the Federal Register. True to the form of all federal regulations, this publication kickstarts the countdown to the Rules’ compliance dates. Of particular…

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Navigating Insurance Claims in a Globalized World: Conflicts of Law and Cross-Border Complications

In an increasingly globalized world, the legal complexities corporations face often go beyond the borders of a single jurisdiction. One such complex issue revolves around the determination of insurance coverage for claims involving events or occurrences that took place in a different state than where the insurance policy was delivered. This scenario becomes common for…

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ILPA Releases New Guidance on Continuation Funds: Impact on Limited Partners and Legal Professionals

In May, the Institutional Limited Partners Association (ILPA) introduced its long-anticipated guidance on Continuation Funds. As reported by King & Spalding on JD Supra, this highly awaited guidance comes as a response to Limited Partners (LPs) who have become progressively dissatisfied with the timeframes and economics involved in these complex transactions. Continuation Funds are a…

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Navigating Anti-Boycott Legislation: An Underrated Challenge for International Trade

Despite relatively infrequent interactions with anti-boycott regulations amid companies engaged with international trade, the issue undoubtedly presents itself on occasion. Anti-boycott rules were first introduced under the Export Administration Act of 1979 (the ‘Act’) with the aim to safeguard U.S. commercial practices as well as foreign policy. Although the Act might be less discussed, it…

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Comparing Air Carrier Liability: The Evolution from Warsaw System to Montreal Agreement

In the realm of international law, air carrier liability provisions continue to undergo rigorous evaluations. Dating back to the inception of air travel technology, international conventions dictate the course of air carrier liability. Fundamentally, two primary regimes have carved noteworthy roles in this business: The Warsaw System and The Montreal Agreement. In 1919, we started…

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Cayman Islands Monetary Authority Issues Updated Guidance on Money Laundering Prevention and Detection

The Cayman Islands Monetary Authority (CIMA) has issued updated Guidance Notes on the Prevention and Detection of Money Laundering, Terrorist Financing and Proliferation Financing in the Cayman Islands on August 30, 2023, following industry consultation. These Updated Guidance Notes supersede the previous version delivered by CIMA on June 5, 2020, which were later complemented in…

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Unlocking the Complexities of Cross-Border E-Discovery in Asia-Pacific: Language and Privacy Challenges Explored

Global firms with a presence in Asia-Pacific countries are set to grapple with a new layer of technical complexity regarding cross-border e-discovery. On September 27th, 1:00 pm – 2:00 pm EDT, a webinar will highlight the challenges unique to this region, particularly with regards to Chinese, Japanese, and Korean language data sets and cross-border privacy…

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California’s SB 699: The Impact on Employers Using Restrictive Covenants and Noncompetition Agreements

Employers using restrictive covenants, particularly noncompetition agreements, face potential liability due to a new law set to take effect in California on January 1, 2024. According to JD Supra, this law, Senate Bill 699, recently signed by Governor Newsom, may put employers at risk, even if an employee entered into such agreements outside California, in…

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AI-Assisted Artwork Denied Copyright Protection: Exploring Intellectual Property in the Digital Age

In a notable development within the intersection of art, technology, and intellectual property law, an artwork created with the aid of Artificial Intelligence (AI) has been denied copyright protection. Last year, Jason M. Allen’s AI-assisted artwork, Théâtre D’opéra Spatial, won first place at the Colorado State Fair, a prestigious recognition in the world of creative…

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UNCITRAL Adopts Code of Conduct for Arbitrators in International Investment Disputes

In a step forward for international arbitration, the United Nations Commission on International Trade Law (UNCITRAL) adopted a Code of Conduct for Arbitrators in International Investment Dispute Resolution on 21 July 2023, during its 56th annual session in Vienna. The adoption of this Code signals a refinement in practice and approach for international arbitrators. Notably,…

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FCA Review to Refine Politically Exposed Persons Guidelines for Financial Firms

The U.K. Financial Conduct Authority (FCA) is undergoing a review of procedures and policies concerning the treatment of Politically Exposed Persons (PEPs) within regulated financial services firms. This review emerges from an obligation under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations, urging these firms to conduct enhanced due…

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ACCC Takes Aim at Greenwashing: Draft Guidance for Sustainable Marketing

In July 2023, the Australian Competition and Consumer Commission (ACCC) unveiled its draft guidance for businesses making environmental and sustainability claims. This Draft Greenwashing Guidance is directed towards setting the best practices under the Australian Consumer Law (ACL), indicating how businesses operating in Australian territories can circumvent incidences of greenwashing. Named the Draft Greenwashing Guidance,…

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Colombia’s Highest Court Nullifies Key Renewable Energy Auction Resolutions

In a compelling decision from Colombia, the Consejo de Estado – Columbia’s highest administrative court – nullified key resolutions regarding renewable energy auctions. Involved in this case are the 570/2018 Decree and Resolutions No. 40791/2018 and No. 40795/2018 all from Colombia’s Ministry of Mines and Energy. This noteworthy ruling was published on September 8, 2023…

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