Shops, Vancourver, Canada

Commercial leases in the age of Covid-19: Tenant once again ordered to pay rent even if landlord not pulling its weight

By Daniel Waldman, Pallett Valo LLP

It goes without saying that Covid-19 has made life diffcult for commercial tenants. When we went into lockdown in 2020, businesses naturally ran into diffculty meeting all their obligations, including the payment of rent. As a result, tenants have often sought recourse from the courts and have consistently been told that they must honour their leases and can’t get out of paying rent. As a recent decision has demonstrated, this holds true even if landlords don’t pull their weight when it comes to keeping up with their obligations related to the pandemic.

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Beverly Hills, USA

Personal jurisdiction in the digital age

By Peter S. Selvin, Ervin Cohen & Jessup LLP

The concept of “presence” for jurisdictional purposes has evolved with the widespread use of websites, social media and other digital platforms. A company or individual may have no physical presence in a forum, but may nevertheless be subject to personal jurisdiction in that forum, as a consequence of their activities on these digital platforms.

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President Biden announces federal vaccine mandate

By Katie Tranter, DBL Law

On 09 September 2021, President Joe Biden announced new federal vaccine mandates that are expected to impact nearly 80 million Americans, representing two-thirds of the American workforce. The mandate is aimed at combating the ongoing Covid-19 pandemic. President Biden has directed the Department of Labor to issue a rule mandating that all businesses with 100 or more employees either require their employees to be fully vaccinated or require unvaccinated employees to receive mandatory weekly Covid-19 testing.

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Hanoi, Vietnam

The Implications of the New Labour Code for Foreign Companies in Vietnam

By David Lang and Nga Dinh, Viettonkin Consulting

Vietnam has approved an amended Labour Code, which came into effect in January 2021. Most of the code remains the same; however, changes have been introduced in respect of hiring and firing employees. This is a big step towards aligning with international labour standards, as the government integrates into the larger global economy.

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Massachusetts Lawsuit Over Black Lives Matter Masks: When it Comes to Employees’ Self-Expression, Consistency is Key

By Jennifer Huelskamp, Freeborn & Peters LLP

In a recent federal case, Whole Foods employees alleged the grocer violated Title VII by discriminating against employees for wearing Black Lives Matter (BLM) masks. Plaintiffs alleged that disciplining employees for wearing BLM masks constituted unlawful racial discrimination and that discipline of employees for opposing the policy constituted unlawful retaliation.

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Mississauga, Canada

Renewal of a Commercial Lease – A Landlord’s Silence Does Not Amount to Bad Faith

By Daniel Waldman, Pallett Valo LLP

When it comes to the renewal of commercial leases, courts have always remained adamant that deadlines must be strictly met. For example, if a tenant is required to exercise its option to renew its lease by a certain date, the renewal right will be lost if it is not exercised on time. In a recent decision by the Ontario Court of Appeal, it was affrmed that this rule remains true regardless of whether or not the landlord cooperates with the tenant in informing them of when the right to renew must be exercised. In coming to its ruling, the court also confirmed the limits on the duty of good faith set out by the Supreme Court late last year.

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vanilla extract

Food and Beverage False Advertising Litigation

By Pooja S. Nair, Ervin Cohen & Jessup LLP

Despite the COVID-19 pandemic, 2020 saw more false advertising food and beverage cases filed in the United States than any year prior, continuing a trend in this area. One hundred and seventy-seven actions were filed in 2019, up from 164 in 2018, and 145 in 2016 and 2017. To put these numbers in context, only 53 of these cases were filed in 2011. This article offers an overview of some of the food and beverage false advertising and labelling cases filed so far in 2021, and anticipated trends for this type of litigation going forward.

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Warsaw, Poland

Another Side to Collective Redundancies

By Jeremiasz Kuśmierz, Penteris

The legal framework for collective redundancies was unified across the EU 23 years ago. However, there remain substantial differences between states and as a result, collective redundancies are still rife with challenges and costs.

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