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Anticipating NTSB investigations – how best to prepare

Oppression versus derivative actions: courts wide discretion maintained

Section 346 of the Companies Act 2016 provides the courts with broad powers to grant remedies as they deem necessary to bring an end to the complaints raised in an oppression action. In Lee Kai Wuen v Lee Yee Wuen,(1) the Federal Court refused leave to appeal the Court of Appeal s decision which had found that the courts powers in an oppression action are broad and unfettered. This includes the power to order restitution to a company, a remedy traditionally seen as belonging to companies. Facts The subject company had two shareholders. The plaintiff (the majority shareholder) filed an oppression action against the other shareholder and a third party (the oppressors), anchored on, among other things, an allegation of misappropriation of company funds. According to the plaintiff, upon the hospitalisation and eventual death of the previous majority shareholder, the oppressors had conspired to have the creditors pay them monies which were supposed to be paid to the company. The plai

Who is considered an essential worker under the latest Level 5 public health restrictions?

Under the latest Level 5 restrictions, employees in Ireland must work from home unless they are classified as essential workers and their work cannot be done at home. The government has updated the list of essential workers to provide that it does not include workers who perform administrative or other support activities for businesses, unless these constitute essential administrative and support activities and the physical presence of the administrative or support worker in the workplace is required.

Ministry of Commerce to launch pilot programme on cross-border data transfer security management

In August 2020 the Ministry of Commerce issued the Master Plan for Comprehensively Deepening the Pilot Programme on the Innovative Development of Trade in Services. The plan covers 28 provinces and municipalities directly under the central government, including Beijing, Tianjin and Shanghai. The pilot programme, which concerns cross-border data transfer security management, will run for three years.

Stricter conditions for strategic investments in RES

A new law has amended the conditions for the approval of, and narrowed down the renewable energy source (RES) projects which may be accepted as, investments of strategic interest. Henceforth, only investments of at least €50 million in projects which use technological innovations to produce electricity from an RES and have a common connection point to the grid and investments of at least €100 million in projects with a common connection point to the grid may be approved as strategic investments.

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