When can a medical scheme terminate membership for non-disclosure?
By Randhir Naicker, partner and Chantal Mitchell, partner, Cox Yeats The question of when a medical scheme may terminate membership due to non-disclosure was considered relatively settled in South African law. However, the Constitutional Court’s decision in Carlo Swanepoel N.O v Profmed Medical Scheme [2024] ZACC 23 has revisited both the duty to disclose …
Continue reading “When can a medical scheme terminate membership for non-disclosure?”
Irish Citizenship for Americans
Why More US Citizens – Especially Those Living in the Middle East – Are Applying for an Irish Passport
Pay Transparency Enters the Final Stretch in Romania
With the Romanian Government entering an interim period and losing its authority to approve draft laws, the draft law aimed at transposing Directive (EU) 2023/970 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms, published for …
Continue reading “Pay Transparency Enters the Final Stretch in Romania”
DPDP Act 2023: Director Liability, Board Responsibilities and Data Privacy Compliance for Indian Companies
India’s Digital Personal Data Protection Act, 2023 (“DPDP Act”) represents one of the most significant regulatory developments affecting corporate governance, data privacy compliance and risk management in recent years. While many organisations initially viewed the legislation as a technology or legal compliance issue, the DPDP Act has rapidly emerged as a boardroom concern requiring active …
ESOPs in India: 20 Common Legal Mistakes Startups Make and How to Avoid Them
Introduction Employee Stock Option Plans (ESOPs) have emerged as one of the most effective tools for attracting, motivating and retaining talent in India’s increasingly competitive startup ecosystem. As startups seek to conserve cash while competing for skilled employees, equity-based compensation has become a critical component of employee reward structures.
Cross-Border ESOPs in India: Legal, Tax and FEMA Considerations for Multinational Companies, GCCs and Global Workforces
Introduction Cross-border Employee Stock Option Plans (ESOPs) have become an increasingly important component of global compensation strategies. As multinational corporations, Global Capability Centres (GCCs), private equity-backed businesses and internationally expanding startups continue to grow their operations in India, employee participation in foreign equity incentive plans has become commonplace. Today, many Indian employees receive stock options, Restricted Stock …
The End of Piecemeal Challenges? Supreme Court Strengthens India’s Single-Challenge Approach to Arbitration
Introduction One of the principal advantages of arbitration is its ability to deliver a final and binding resolution without becoming entangled in the multiple layers of procedural litigation that often characterize traditional court proceedings. However, that objective can be undermined when parties repeatedly approach courts at various stages of the arbitral process, challenging interim decisions …
Supreme Court Takes Suo Motu Cognizance of NCLT Delays: What It Means for Resolution Plan Approvals Under the Insolvency and Bankruptcy Code
Introduction In a significant development for India’s insolvency regime, the Supreme Court has taken suo motu cognizance of systemic delays by the National Company Law Tribunal (NCLT) in approving resolution plans under the Insolvency and Bankruptcy Code, 2016 (IBC). The Court observed that prolonged pendency of resolution plan approval applications threatens the very objective of the IBC, which was enacted to …
Supreme Court Clarifies That an Appointment “Until Further Orders” Does Not Create a Vested Right to Complete the Tenure
Introduction In an important judgment on service law and government employment, the Supreme Court has reaffirmed that an employee appointed for a fixed tenure subject to the condition “until further orders” cannot claim an enforceable right to continue for the entire tenure merely because the appointment order mentions a specified term.
Supreme Court Stays Bombay High Court Order Releasing Thane Land from “Private Forest” Acquisition: Implications for Forest Land Classification, TDR and Development Rights
Introduction In a significant interim order impacting forest land disputes, urban development, and Transferable Development Rights (TDR) in Maharashtra, the Supreme Court has stayed the operation of the Bombay High Court’s judgment directing the release of approximately 193 acres of land at Manpada, Thane from acquisition under the Maharashtra Private Forests (Acquisition) Act, 1975.