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Insights
Apr 29, 2025
Apr 29, 2025
Does “back to back” mean “pay when paid” in construction contracts?
In Sze Fung Engineering Limited v Trevi Construction Company Limited [2025] HKCA 278[1], the Hong Kong Court of Appeal (“CA”) ruled that the “back to back” wording in that case was not a “pay when paid” clause, but governed only the timing of payment.
Insights
Oct 22, 2024
Oct 22, 2024
NLRB General Counsel Targets Non-Competes and Stay-or-Pay Provisions
Last week, the National Labor Relations Board’s General Counsel Jennifer A. Abruzzo (the “GC”) announced her position that “stay-or-pay” provisions in employment agreements are unlawful under the National Labor Relations Act (the “NLRA”). The GC also reiterated and built on an earlier memo in which she took the position that almost all non-competes are similarly unlawful under the NLRA because they infringe on “Section 7” rights (which include the right to union and engage in other “protected concerted activity”). Employers—even if “non-union”—should consider the following questions.
Insights
Oct 07, 2024
Oct 07, 2024
The FCA’s commitment to “test and use” its powers pays off in FCA v BlueCrest Capital
The recent decision by the Court of Appeal in FCA v BlueCrest Capital Management [2024] reverses the Upper Tribunal’s decision in BlueCrest Capital Management (UK) LLP v FCA [2023].