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Adobe PDFHoliday Pay - The Bear Necessities
Christopher Fisher; Mayer Brown International LLP;
Legal Alert/Article
December 10, 2014, previously published on November 2014
You will undoubtedly have seen the press surrounding the holiday pay decision last week, under the lead case of Bear Scotland Limited v Fulton. There are numerous commentaries on the case, not all accurate or helpful and some are more alarmist than they need to be.

 

HTMLPermission to Serve Winding-Up Petitions out of Jurisdiction on Unregistered Foreign Companies: Principles Clarified
Justine T. K. Lau, Edmund M. S. Ma, Richard M. Tollan; Mayer Brown JSM;
Legal Alert/Article
December 5, 2014, previously published on November 14, 2014
Under Hong Kong law, the courts’ jurisdiction is ordinarily territorial in nature. A plaintiff or applicant has to obtain permission (“leave”) of the court before it can validly serve a writ or other document initiating a legal action on a defendant or respondent located outside...

 

Adobe PDFEbola and Employer Obligations
Duncan A. W. Abate, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
December 5, 2014, previously published on November 10, 2014
The outbreak of the Ebola Virus Disease (“Ebola”) in West Africa has received considerable media attention as it begins to spread outside of Africa. In August 2014, the Government of Hong Kong confirmed that Ebola is grouped under Viral Haemorrhagic Fever (“VHF”), which is...

 

Adobe PDFMain Issues in Connection with the Amendments Proposed to the Mineral and Petroleum Resources Development Act
Ian Coles; Mayer Brown International LLP;
Legal Alert/Article
December 5, 2014, previously published on November 2014
A recent tendency of resource-rich African countries is to favour a more balanced distribution of the benefits produced by the extractive industry between the State and the private parties holding the relevant titles. In line with this objective, in December 2012 the South African government...

 

HTMLUS Banking Regulators Issue Further Frequently Asked Questions for Leveraged Lending Guidance
J. Paul Forrester; Mayer Brown LLP;
Legal Alert/Article
December 4, 2014, previously published on November 13, 2014
The Office of the Comptroller of the Currency (OCC) has released its 2014 Shared National Credits (SNC) review (the 2014 SNC review).

 

HTMLNAIC Private Equity Issues (E) Working Group Continues Drafting of Additions to Financial Analysis Handbook for Regulatory Review of Acquisitions of Insurers
Mayer Brown LLP;
Legal Alert/Article
December 2, 2014, previously published on November 11, 2014
In our Second Quarter 2014 Bulletin, we reviewed the efforts of the NAIC Private Equity Issues (E) Working Group (the “PEI Working Group”) to draft changes to the NAIC’s Financial Analysis Handbook to provide additional guidance for state insurance examiners who review “Form...

 

HTMLCalifornia Court of Appeal Holds That A Parent Holding Company May Be Liable for the Unlawful Wage and Hour Practices of a Subsidiary
Marcia E. Goodman, Andrea M. Weiss, Ruth Zadikany, Lori A. Zahalka, John Zaimes; Mayer Brown LLP;
Legal Alert/Article
December 2, 2014, previously published on October 31, 2014
Decision: In Castaneda v. The Ensign Group, the California Court of Appeal issued a published decision holding that a corporate parent that has no employees can be found liable for its subsidiary’s nonpayment of overtime and minimum wages to employees if the parent wholly owns the subsidiary...

 

HTMLProvisional Version of European Commission’s Adopted Solvency II Delegated Regulation
Mayer Brown LLP;
Legal Alert/Article
December 2, 2014, previously published on November 11, 2014
On October 10, 2014, the European Commission published a provisional version of the text of a Delegated Regulation it has adopted supplementing the Solvency II Directive (2009/138/EC). It also published provisional versions of the 26 Annexes to the Delegated Regulation on its Solvency II webpage,...

 

HTMLCADE Issues New Regulation on Associative Agreements
Eduardo Molan Gaban; Mayer Brown LLP;
Legal Alert/Article
December 2, 2014, previously published on November 7, 2014
On November 4, 2014, the Official Gazette ("Gazette") published CADE Resolution No. 10/2014, which establishes the hypotheses of Associative Agreements (provided in Art. 90, item IV, Law No. 12.529 / 2011) subject to the Administrative Council for Economic Defense’s...

 

HTMLGerman Insurance Market—Can a Corporation Seek Recourse from Its Management for a Fine Imposed on It?
Mayer Brown LLP;
Legal Alert/Article
December 2, 2014, previously published on November 11, 2014
Criminal and regulatory offences committed by a corporation can lead to massive penalties, in particular in case of cartel law infringements. If the cartelist participated in the cartel due to a wrongful act or omission of its management—whether the management actively participated in the...

 


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