State & Local Updates

Consistent with its discussion about assessing creditors interests as a whole, the Supreme Court went on to say that it is not legitimate for directors to enter into a course of action to ensure some creditors have a higher return where this is at the expense of incurring new liabilities which will not be paid. The Supreme Court found that Mr Cooper’s decision to continue trading in circumstances where loss to creditors was not merely a substantial risk, but a certainty, must be a breach of s 135. The Court went on to say that it was not an answer to s 135 that the action taken was a “sensible business decision” that would benefit some of the creditors. If continued trading would result in a shortfall, then there will be a breach of s 135, whether or not some creditors would be better off, or any overall deficit would be reduced.

Legal Update

Assembly Bill (“AB”) 361, signed into law on September 16, 2021, amends Government Code section to provide authority and specific requirements for public agencies to hold virtual meetings during a proclaimed state of emergency and remain in compliance with the Brown Act (Gov. Code §§ et seq.). New Negative Investment List Introduces Changes to Health Investment in Indonesia The Indonesian Government has released the long-awaited New Negative Investment List, issued under Presidential Regulation No. 39 of 2014. Among the major changes from previous regulations is an increase in maximum foreign ownership levels in several key industries, including the health sector. Indonesian Franchising Rules and Regulations With a population of 250 million, Indonesia is an attractive country for investors interested in the distribution, retail and franchise sectors.

The Court also noted that companies should not use liquidation to avoid their environmental responsibilities, or to overly burden the taxpayer. The case concerned a decision by the liquidators of the Australian Sawmilling Company Pty Ltd to disclaim company land that was contaminated and unsaleable. The Supreme Court of Victoria’s judgment in EPA & Anor v Australian Sawmilling Company Pty Ltd VSC 550 considered the ability of a liquidator to disclaim company property.

More information is available at Stay connected with the latest EEOC news by subscribing to our email updates. Businesses continue to be at great risk of a legal action regarding the accessibility of digital technologies, including websites, mobile applications, and kiosks. The number of demand letters and lawsuits filed on this basis has continued unabated for quite a few years.

Title Ix Compliance

International aid charity trustees should be aware of the alert issued by the Commission towards the end of last week, which sets out steps such charities can take to make sure they are keeping people, including beneficiaries, employees, volunteers and others, safe from harm. A recent decision from the Employment Appeal Tribunal in relation to the third requirement compromised in the duty to make reasonable adjustments in the Equality Act 2010 may provide charity employers with a useful reminder of the existence of this requirement. If you are a charity trustee, and uncertain about which of your powers you can delegate to someone else – and to what extent –you may find our popular blog post a useful starting point. For best practice on delegation of charity trustee powers, have a look at the Commission’s guidance on trustee duties (section 9.3) and the Charity Governance Code’s principle in relation to decision making. Visibility into a practices economic performance and financial health is had through its financial statements.

  • Within the report, we also provide suggested action points in relation to each legal issue, tailored to our social housing clients, to ensure they are relevant and pragmatic.
  • We are recognised as a foremost authority in law and go-to organisation for legal expertise.
  • This will allow the Competition and Markets Authority to intervene in a wider range of acquisitions.

Significant provisions include details of the types of electronic data admissible as evidence, a relaxation on the legalization requirements on evidence formed overseas, and an expanded explanation of the duties of disclosure introduced in 2015. It is hoped that these changes will provide greater clarity and efficiency for parties engaged in litigation through the PRC courts. Join Venable attorneys Ellen Berge, Ari Rothman, and Shahin Rothermel as they discuss new laws, regulatory actions, court decisions, and proposed amendments affecting companies offering automatic renewal programs, and ways companies can avoid legal actions and defend against them when they arise. Hong Kong has just entered its COVID-19 ‘fourth wave’, resulting in further restrictions to everyday life which give rise to continued uncertainty for businesses including, of course, the construction industry. At the same time, the UK is about to implement mass immunisation – which it must be hoped will ultimately trigger the end of the pandemic in the UK and elsewhere. From Monday 12 to Thursday 15 October, legal professionals from our Leeds office will deliver a series of eight virtual events providing key legal updates spanning a broad range of topics.

Texting Court Appearances

The Commission will be contacting as many charity funders and support bodies as possible in order to clarify the situation and request that it be taken into consideration when assessing current and previous applications from charities. While we cannot direct funding and support bodies on decisions they may make, we hope this will provide some clarity and guidance to any assessments which are undertaken. Since you are still a charity in law, the technicality of the registration decision about your charity being void should not affect your ability to fundraise. If your funding application is rejected specifically because of this situation, please let us know and we will contact the funder. Carol Miaskoff, acting legal counsel for the EEOC in Washington, D.C., will provide a review of the current EEO legal landscape along with an update on the Commission, including the agency’s guidance on COVID-19, race discrimination and harassment, and the most recent LGBT guidance. It prohibits a state agency, political subdivision, or law enforcement officer from receiving state funds if the entity contracts with or provides assistance in any way to a federal agency related to firearms registration, background checks, confiscation programs or firearm sales.

One of our legal updates might, for instance, explain the practical meaning of a newly passed federal law greatly limiting background checks by employers. Leks&Co is an Indonesian multi-services law firm, full of dynamic and intelligent people, operating at a definite quality management system, rendering preeminent and world-class legal services under a specified quality code, core values, and client service standard. Find the latest changes in the legal landscape that potentially affect your business. From changes in legislation and case law to regulatory reforms, at Ashurst we’re able to support you on all legal developments. Supreme Court decisions, we will study the latest Texas code changes and additions that affect law enforcement policy makers, administrators, or law enforcement officers.