2021 Federal And State Law Update

2021 Federal And State Law Update

California’s Office of Administrative Law approved California Division of Occupational Safety and Health Administration’s (Cal/OSHA) proposed emergency regulations on COVID-19 prevention on November 30, 2020. The Emergency Temporary Standards took effect immediately and require California employers to implement strict workplace safety measures to reduce the risk and transmission of COVID-19. Emergency regulations generally remain in effect for 180 days unless the OAL approves a re-adoption of the regulations during that time period. Employers should consult legal counsel as they consider and prepare to implement mandatory, as well as voluntary, vaccine programs, and any such program should be conveyed in a clear written personnel policy. The rollout of the Pfizer and Moderna vaccines in the United States has triggered extensive discussion around the law concerning mandatory vaccine policies in the workplace.

Legal Update

The National Gene Technology Scheme has undergone its third review and the Ministers met on 11 October 2018. The Ministers endorsed the review report along with the 27 recommendations and agreed that the recommendations should be implemented in line with a forward action plan. The Ministers also considered the Proposed Amendments, and are currently seeking further advice in relation to these.

Legislative Update

Myriad federal laws and regulations govern today’s healthcare practice each presenting their own liability risks, some of them criminal. Principal of healthcare boutique law firm, ByrdAdatto, Brad E. Adatto, Esq., explores the who, what and why of this broad regulatory regime and offers advice on navigating the accompanying pitfalls. Areas reviewed include anti-kickback Stark laws, board jurisdiction, ancillary compensation restrictions, the regulators, safe harbors, enforcement and penalties. Investing in Indonesia’s Advertising and Marketing Sector Foreign parties that wish to invest in Indonesia directly must follow the rules for FDI in the relevant business sector. For the advertising and marketing sector, international entities are subject to a host of regulations including limitations to foreign investment mandated by the Negative Investment List.

  • By contrast, the new Grand Chamber system conducts oral hearings and welcomes the participation of the parties and experts, and the decisions are binding on the underlying cases from which the legal issues are submitted.
  • Sign up for the GBG Indonesia Quarterly Business Intelligence Report for the latest news on your sector.
  • Conversely, in some cases additional service costs may be incurred, e.g., in order to operate a building which complies with health and safety requirements in the context of COVID-19, or recommissioning where buildings are reopened.
  • Trustees of international aid charities should read this latest Commission alert with that responsibility in mind, and consider what steps their charities need to take to work towards effective safeguarding.
  • Indonesia, ASEAN and Investment – A Q&A With increased interest in Indonesia and the impending completion of the ASEAN Economic Community, foreign investors are looking for a means to do business in Indonesia.

BPOM Simplifies Drug Registration Process On 4th August 2016, the Food and Drug Supervisory Agency enacted a new regulation which changes the registration process of drugs. The changes are reflected in Head of BPOM Regulation No. 17 of 2016 on the Second Amendment of Head of BPOM Regulation No. 3 of 2011. The Halal Product Assurance Law needs around 20 implementing regulations which must be issued within two years after 17th October 2014. The Halal certification obligation under the Halal Product Assurance Law will become mandatory 5 years after 17th October 2014.

He was twice decorated by the Department for meritorious service and attained the rank of Lieutenant before his retirement. In Dodkia v United Luck Group Holdings, the English Court of Appeal considered the validity of a Notice of Claim issued by the buyer under a sale and purchase agreement . The SPA included a covenant under which the sellers promised to reimburse the buyer for various tax liabilities. The SPA also stated that the buyer could bring a claim only if it gave written notice stating in reasonable detail the matter which gave rise to the claim.

New OJK Rule on Public Accountants and Public Accountant Offices The issuance of this new rule has an impact on the engagement of external auditors by publicly-listed companies given that public companies are one of the subjects being regulated and supervised by OJK. Insurance Companies Must Follow Requirement on Ultimate Shareholders The Indonesian Insurance Law introduced a significant change regarding the shareholding composition of insurance companies. The Insurance Law mandates that the local shareholders in an insurance company must be ultimately owned by Indonesian individuals.

Coronavirus Covid

A new study from the Education Policy Institute, published in March 2021, highlights significant inconsistencies in how children with SEND in England are identified and supported. The research shows that access to support is determined by a “postcode lottery” – with the chances of receiving SEND support largely dictated by the school that a child attends, or the area in which a child lives, rather than their individual circumstances. For outbreaks, the employer must provide free initial testing and follow-up testing after one week to all employees during working hours. There must be continued testing weekly until there are no new cases in a two-week period. If an employer has a major outbreak, it must provide testing twice per week until there are no new cases in a two-week period. If an employee must be excluded from the workplace under these standards, but is otherwise able and available to work, the employer must maintain the employee’s earnings, benefits, seniority and job protection during the quarantine period.

Business Set Up

Further issues then arose over how this amount was to be divided, leading to the creation of the Bell Group Companies Act 2015 which was later struck down for being unconstitutional and resulted in further litigation. The Bell Group were a group of companies who sought financing from two groups of banks by way of unsecured loans. In the early 1990s when the Bell Group encountered financial difficulties, the banks restructured these financial arrangements and the Bell Group released more security in favour of the banks. When the companies in the Bell Group were placed into liquidation the banks realised these securities and were subsequently pursued by the liquidators. The Supreme Court of Western Australia’s judgment to dismiss a winding up application in Bell Group Holdings Limited WASC 347 puts an end to Australia’s longest-running legal saga, the Bell litigation. The Federal Court of Australia in Jahani v Commissioner of Taxation, in the matter of Delta Coal Mining Pty Ltd FCA 1642 recently made orders appointing a referee to investigate and report on factual issues of insolvency.

Legal Update