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Archive by tag: Dechert LLPReturn

New Guidance on the Use of Confidentiality Agreements

This OnPoint reports on the guidance recently issued by the Equality and Human Rights Commission (EHRC) on the use of confidentiality agreements. Whilst it does not have statutory force, the EHRC guidance provides further useful pointers for...By: Dechert LLP
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Dechert LLP | Oct 18,2019 |

Three Strikes and You’re in – Supreme Court to Hear Three ERISA Cases in Upcoming Term

The upcoming term of the U.S. Supreme Court is shaping up to be a busy one with respect to cases arising under the Employee Retirement Income Security Act of 1974 (“ERISA”). There have been other terms with multiple ERISA cases – for example the 2015...By: Dechert LLP
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Dechert LLP | Oct 16,2019 |

Reducing Administrative Hardship – IRS Releases Final Regulations Relating to Hardship Distributions for Section 401(k) Plans

The Internal Revenue Service (the “IRS”) issued final regulations, effective September 23, 2019 (the “Final Regulations”), that modify the hardship distribution rules for plans established under Section 401(k) of the Internal Revenue Code of 1986, as...By: Dechert LLP
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Dechert LLP | Oct 04,2019 |

CFIUS Issues Proposed Regulations to Expand Jurisdiction to Real Estate Transactions

On September 24, 2019, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS”), issued proposed regulations to expand its jurisdiction to cover certain transactions by non-U.S. persons involving...By: Dechert LLP
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Dechert LLP | Sep 27,2019 |

Implementing FIRRMA: Highlights from CFIUS’ New Proposed Regulations

On September 24, 2019, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), issued two proposed regulations (“Proposed Regulations”) to further implement the Foreign...By: Dechert LLP
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Dechert LLP | Sep 27,2019 |

Arbitrable But Not Capricious: Ninth Circuit Upholds Arbitration Requirement Under ERISA

In Dorman v. Charles Schwab Corp., the U.S. Court of Appeals for the Ninth Circuit held on August 20, 2019 that claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) can generally be subject to mandatory arbitration. In doing so,...By: Dechert LLP
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Dechert LLP | Sep 11,2019 |

NDA and Confidentiality Provisions in Severance and Other Agreements – What Should Employers be Doing Now?

The debate continues in the United Kingdom as to how non-disclosure and confidentiality agreements should be regulated to combat their abuse, particularly in cases of harassment and discrimination. In this OnPoint we consider what employers should be...By: Dechert LLP
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Dechert LLP | Sep 10,2019 |

The Recording of Meetings by Employees (and Employers)

In this OnPoint, we report on a recent decision of the UK Employment Appeal Tribunal on the issue of the covert recording by employees of meetings with their employer, and the legal and practical issues this highlights in relation to the recording of...By: Dechert LLP
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Dechert LLP | Aug 03,2019 |

DAMITT Q2 2019: New Industry Analysis Sheds Light on Significant Investigations By Sector

Fast Facts - United States - U.S. antitrust enforcement agencies concluded 20 “significant investigations” during the rolling-twelve months (RTM) ended Q2 2019, down from 28 for the RTM ended Q2 2018.......By: Dechert LLP
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Dechert LLP | Jul 31,2019 |

Off-payroll working rules and the investment management industry from April 2020

With effect from 6 April 2020, medium and large organisations in the private sector will become responsible for determining the employment status of individuals who provide services to such organisations through intermediaries (such as personal...By: Dechert LLP
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Dechert LLP | Jul 22,2019 |
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