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Arnecke Sibeth Dabelstein | European Union | 23 Sep 2021

Will European Commission change its policy to allow binding MAPs?

According to the European Commission's drafts for reforming EU rules on vertical agreements, the entity may be prepared to change its policy and allow manufacturers to agree with distributors on binding minimum advertised prices (MAPs). Until now, the Commission has always classified MAPs as illegal vertical price agreements. This could change in June 2022 with the new Vertical Block......
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Lewis Silkin | United Kingdom | 22 Sep 2021

Further changes to right to work checks and how to avoid pitfalls

The right to work guidance for employers was recently updated to confirm that individuals with late EU Settlement Scheme applications made on or after 1 July 2021 can start a new job while their application is pending. This article looks at this development and highlights certain aspects of the current guidance that may cause confusion for employers when conducting right to work checks.
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ENSafrica | South Africa | 22 Sep 2021

Legislating 4IR for healthcare in South Africa

The "fourth industrial revolution" (4IR) refers to the complex ecosystem encompassing artificial intelligence (AI), among other things. In the healthcare context, there have been and will continue to be extensive gains and opportunities to solve existing challenges with the use of the technologies encompassed within the 4IR and AI. However, care will need to be taken to limit the possible......
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Howse Williams 何韋律師行 | Hong Kong | 22 Sep 2021

Can employers require employees to be vaccinated?

The government has implemented various measures aimed at countering the effects of the covid-19 pandemic and allowing business activities to resume as normal. The goal is to achieve a high enough level of vaccination to protect the nation from the virus. These measures include a vaccination programme and policies permitting specific industries to operate for longer hours if their employees......
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Pinsent Masons | United Kingdom | 22 Sep 2021

Court of Appeal provides new guidance on patent sufficiency

In its recent decision in FibroGen v Akebia, the Court of Appeal provided further guidance in relation to claims with structural and functional features. The Court of Appeal's decision is positive from an innovator's point of view. Patents for chemical formulae when the therapeutic effect is included in the claims may be less vulnerable than had been previously implied. This may give......
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CGM Advogados | Brazil | 22 Sep 2021

Social media and employer disparagement: to like, or not to like?

While social media is an unavoidable part of life, and freedom of speech is a constitutional right guaranteed to every Brazilian, the courts have been upholding the termination of employment for cause when employees post content on social media that is deemed defamatory to their employers. In some cases, employees have been ordered to pay pain and suffering damages to their former employers.
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Maes Law | Netherlands | 22 Sep 2021

Employment FAQs: vaccinations, face masks, remote working, wages and dismissals

The covid-19 pandemic has raised numerous questions regarding the rights of employers and employees. This article answers FAQs about the circumstances in which employers can demand that workers are vaccinated and wear face coverings, and prohibit working from home and travelling abroad. Wages, dismissals and the employee's right to refuse certain demands are also discussed.
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Ogier | Cayman Islands | 22 Sep 2021

CIMA publishes FAR and RFE forms for private funds

The Cayman Islands Monetary Authority has announced that the fund annual return (FAR) form for funds registered under the Private Funds Act (Revised) (private funds) is now available, together with the related fund entities (RFE) form, which must be used by private funds to submit data regarding certain related fund entities. The deadline for the first filing of audited accounts and the......
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Aluko & Oyebode | Nigeria | 22 Sep 2021

Innovative NICN judgments could rewrite labour law jurisprudence

When determining employment cases, courts in Nigeria have consistently applied common law labour principles established in previous decisions. The decisions of the trial courts in Nigeria suggest that the application and/or adherence to these principles is, however, gradually changing. This is especially the case for the National Industrial Court, which appears to be carrying out a quiet......
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CMS Albiñana & Suárez de Lezo | Spain | 22 Sep 2021

Spanish Supreme Court: vacancy left by employee assigned to another position can be covered by temporary replacement interim contract

The Supreme Court recently settled an issue concerning whether a vacancy left by an employee after being assigned to another position can be covered by a temporary replacement interim contract or if such a contract should be deemed as tortious. In this specific matter, the employment contract held by the employee who was replaced by the claimant had not been suspended – their position was......