Mondaq Latest Added Articles

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Grant of indemnity: But is it even worth the paper it's written on? 
Holman Webb

This case looked at when an admission of liability by an insurer can be withdrawn by the insurer at a later date.
Legislative fix for McGlade native title decision to confirm ILUAs due this week 
Clayton Utz

The Bill to amend the Native Title Act is expected to be introduced, so it should be passed and be in effect very soon.
Superannuation, Funds Management & Financial Services - What's News - 8 February 2017 
Holding Redlich

This newsletter includes links to recent documents relating to superannuation, funds management & financial services
Property & Real Estate - What's News - 8 February 2017 
Holding Redlich

The newsletter includes links to recent media releases, reports and cases relating to Australian property & real estate.
NSW Government Bulletin - 8 February 2017 
Holding Redlich

This bulletin has links to media releases, reports, cases, legislation and issues of interest to NSW government lawyers.
Queensland Government Bulletin - 8 February 2017 
Holding Redlich

This bulletin has links to media releases, reports, cases and legislation of interest to Queensland government lawyers.
PPSA in practice – Big trouble in little security: Part 2 
Bartier Perry

This paper addresses some of the practical issues encountered when advising clients on the operation of the PPSA.
PPSA in practice - Big trouble in little security: Part 1 
Bartier Perry

This paper addresses some of the practical issues encountered when advising clients on the operation of the PPSA.
Stopping the fake indigenous art flood – when does cultural appropriation become theft? 
Marque Lawyers

Protecting indigenous art is a complex issue, and the first step should be to understand what we really want to protect.
The Likelihood Of Confusion In The European Union Trade Mark Opposition Procedure – Part II 
G M Corporate and Fiduciary Services Limited

In light of an opposition procedure under Article 8 of the European Union Trade Mark Regulation, one must assess the similarity between marks to establish the possibility of finding...
SEC Enforcement Focused On Non-GAAP "Prominence" Requirement 
Andrews Kurth LLP

As public companies are well aware, the staff of the SEC's Division of Corporation Finance (Staff) has become increasingly focused on disclosure of non-GAAP financial measures...
Ten Investment Advisory Firms Violate SEC's Pay-to-Play Rule  
BakerHostetler

The Securities and Exchange Commission recently announced that ten investment advisory firms agreed to pay penalties in the tens of thousands of dollars to settle SEC charges...
Luxembourg's One-Euro Company Provides Major Incentive For Entrepreneurs 
Chevalier & Sciales

Luxembourg's law of July 23, 2016, which came into force on January 26, 2017, creates an incentive for entrepreneurs to establish a business in the grand duchy by introducing...
M&A Building Blocks - Introduction To The Deal 
Borden Ladner Gervais LLP

BLG is pleased to announce the launch of an insightful new resource that discusses the key facets of negotiating and completing an M&A deal, M&A Building Blocks.
No Crane, No Gain? Recent Changes In The Law Of Airspace Rights May Bring Benefit For Developers 
Edwards, Kenny & Bray LLP

The recently decided case of Janda Group Holdings Inc v Concost Management Inc, if followed, has the potential to significantly impact negotiations to acquire airspace rights...
Problems Abound With DOD's Proposed IRAD Rule 
Morrison & Foerster LLP

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future IRAD to perform DoD contracts.
Last Chance For Transitioning Under The Canada Not-For-Profit Corporations Act ("CNCA") 
Borden Ladner Gervais LLP

The federal government has issued a press release that indicates that "All corporations created under the Canada Corporations Act, Part II need to have completed their transition...
How Much Is That Doggy In The Window? Canadian Court Comments On Animals As Property 
Borden Ladner Gervais LLP

A recent case decided by the Family Law Division of the Queen's Bench for Saskatchewan provides some candid insights of the Canadian judiciary on the legal status of animals in this country.
Trump Administration Takes Initial Steps To Implement Repeal Of Energy, Environmental Regulations 
Holland & Knight

Earlier this year, Freedom Partners, a conservative advocacy group, released A Roadmap to Repeal containing a list of former President Barack Obama's regulations...
CFTC Extends Deadline For Notice Filings Under Amended Position-Limit Aggregation Rules 
Ropes & Gray LLP

On February 6, 2017, the Division of Market Oversight of the U.S. Commodity Futures Trading Commission (the "CFTC") issued temporary no-action relief from the notice filing requirements...
Quebec Superior Court Refuses To Approve Bank Fee Class Action Settlements On Account Of Unjustified Class Counsel Fees 
Borden Ladner Gervais LLP

​On January 23, 2017, Justice Claudine Roy of the Superior Court of Quebec rendered an important judgment on settlement approval motions in four related class actions.​ ​
Alberta Court Of Appeal Provides Helpful Gloss On Bhasin 
Borden Ladner Gervais LLP

The Alberta Court of Appeal's decision in Styles v Alberta Investment Management Corporation, while dealing primarily with employment law, also provides helpful clarification on the scope...
Gordon v. Verizon: New York Parts Company With Delaware 
Orrick

On February 2, 2017, the New York Appellate Division, First Department, issued a decision in Gordon v. Verizon Communications, Inc., No. 653084/13, 2017 WL 442871 (1st Dep't 2017)...
Compliance Programme Saves First Company From Criminal Prosecution  
Schoenherr Attorneys at Law

The Municipal Court in Prague has dropped the criminal case against a company suspected of illegal conduct in public procurement. The reason: the company implemented an ethics code.
Choice Of Court Agreements Act 2016 – A Boon For Bankers? 
Shook Lin & Bok

Singapore's recent enactment of the Choice of Court Agreements Act 2016 (No. 14 of 2016) has given effect to the Hague Convention on Choice of Court Agreements 2005...
Part 4: The ACA, Post-Inauguration 
Sheppard Mullin Richter & Hampton

In Parts I-III of our blog series, Very Opaque to Slightly Transparent: Shedding Light on the Future of Healthcare, we considered the healthcare landscape before implementation of the ACA...
BC Franchise Laws Come Into Effect 
Dickinson Wright PLLC

On February 1, 2017, the British Columbia Franchises Act and Regulations came into effect making British Columbia the sixth province in Canada with franchise legislation.
HR, Payroll, Finance Department Beware: Renewed IRS W-2 Phishing Scam Alert 
Dickinson Wright PLLC

The Internal Revenue Service and other agencies recently issued an urgent reminder Alert warning of a sophisticated scam to obtain confidential information and in some cases, fraudulent cash wire...
Impact Of Immigration-Related Executive Order On Global Employers 
Andrews Kurth LLP

On January 27, 2017, President Trump signed an Executive Order entitled: Protecting the Nation from Foreign Terrorist Entry into the United States.
FTC Will Consider Spying Toy Privacy Concerns  
Reed Smith

Last month, the Federal Trade Commission ("FTC"), in response to a complaint filed by Electronic Privacy Information Center ("EPIC") and other consumer groups...
In An Effort To Provide Conducive Environment To Domestic Manufacturers, Government Notifies New Rules For Medical Devices 
S.S. Rana & Co. Advocates

The Government of India, under the aegis of Ministry of Health and Family Welfare has notified the Medical Devices Rules, 2017, which is scheduled to come into force on January 1, 2018.
Injured Worker's Claim Lacked The "Something More" Needed To Establish Personal Liability Against Employer's Directors 
Dentons

The Alberta Court has confirmed that in order for a director of a corporate employer to be found personally liable for damages sustained by one of the corporation's workers in a workplace accident...
Modes Of Understanding The Law 
Arnold & Porter Kaye Scholer LLP

Corporate and Finance senior counsel George Williams jr recently published an article, "Modes of Understanding the Law," in the interdisciplinary journal Law & Literature.
Seventh Circuit Strikes Down Zoning Regulations And Age Restriction Governing Shooting Ranges 
Holland & Knight

On Jan. 18, 2017, the U.S. Court of Appeals for the Seventh Circuit struck down Chicago's zoning regulations limiting shooting ranges to only a small portion of the city...
Second Circuit Reverses Lower Court's Restrictions On The Restructuring Of Bondholder Rights In Marblegate 
Duane Morris LLP

Recently, in a split (2-1) decision, the United States Court of Appeals for the Second Circuit overturned the United States District Court for the Southern District of New York's decision...
Does Your Licence To Practise In A Family Health Organization Have Value? 
Crowe Soberman LLP

The Ontario Ministry of Health and Long Term Care (MOHLTC) allows for several different models in which family physicians may practice.
Strategies For Dealing With The New SBD Rules 
Collins Barrow National Incorporated

Some taxpayers utilize corporate groups, which have been structured to multiply their access to the small business deduction (SBD).
Trump Administration Sanctions Iran In Response To Missile Test 
Holland & Knight

The Trump Administration responded on Feb. 3, 2017, to Iran's latest series of ballistic missile tests by sanctioning certain individuals and companies involved in Iran's efforts to procure...
Alex Acosta, Former NLRB Member, Nominated As Secretary Of Labor 
Littler Mendelson

President Trump announced today that he intends to nominate R. Alexander Acosta as the Secretary of Labor. Mr. Trump's initial nominee for the position, Andrew Puzder, withdrew his candidacy yesterday.
What's New In Washington: 10 Things You Need To Know 
Akin Gump Strauss Hauer & Feld LLP

The first four weeks of the Trump administration have brought a flurry of policy and regulatory activity through Executive Orders (EO), proposed new legislation and review of existing regulation.
French Financial Regulators Join Forces To Attract Banking And Financial Institutions To France Post-Brexit 
Reed Smith (Worldwide)

The French financial regulators, the AMF and the ACPR, are joining forces to make the French market more attractive to UK-based financial firms after Brexit.
District Of Columbia Mayor Signs Law Restricting Employers From Using Credit Information In Employment Decisions 
Littler Mendelson

On February 15, 2017, District of Columbia Mayor Muriel Bowser signed a bill prohibiting, with limited exceptions, employers' use of or obtaining a job applicant's or employee's credit information...
NAIC's Big Data Task Force Sets Charges For 2017 
Carlton Fields

The mission statement also makes clear that both "potential concerns and benefits for consumers" will be explored.
Fatal Workplace Accident Leaves Partner Asking For Changes  
Overholt Law

Sometimes it takes a tragedy before major change can take place. After a fatal workplace accident that took the life of her boyfriend, one Vancouver Island woman is calling for changes...
IP Monitor - Under Pressure: Federal Court Finds "Hot Refuelling" System Patent Valid And Infringed In Connection With Well-Site Fracking Equipment 
Norton Rose Fulbright Canada LLP

The Federal Court awarded accounting of profits and pre-grant compensation for valid and infringed claims of a patent for hot refuelling of fracking equipment, but declined to award punitive damages.
Data Protection Law- A Broken Shield 
Womble Carlyle

Data transfers are the lifeblood of business in a global market.
Canada's Cannabis Opportunity In The Era Of Trump 
Cassels Brock

Although the United States government's attitudes toward cannabis have eased in recent years, the election of President Donald Trump has generated renewed uncertainty....
Bill 87, The Protecting Patients Act, 2016, Proposes Amendments To The Sexual Abuse Provisions In The Regulated Health Professions Act 
Miller Thomson LLP

Bill 87, the Protecting Patients Act, 2016 (Ontario) ("Bill 87"), passed First Reading on December 8, 2016 and, if passed, will amend or repeal five different statutes...
The February 2017 Update – The Mintz Matrix 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

As our readers know we maintain a summary of U.S. state data breach notification laws, which we refer to as the "Mintz Matrix."
Branding 101: It's Like Cheers: Where Everybody Knows Your Name – But Everybody Pronounces It Differently  
Stites & Harbison PLLC

For those of you faithful Trademarkology readers out there, you may recall that I last posted to the blog Christmas week – and reveled in the honor of getting to write about SANTA trademarks:
Injunctions Aren't Just For Executive Orders 
Stites & Harbison PLLC

The 9th Circuit's refusal to set aside a preliminary injunction of President Trump's immigration ban made headlines recently.
Usdol Should Retract Fluctuating-Workweek Commentary 
Fisher Phillips LLP

Readers will recall that, in 2011, the U.S. Department of Labor undertook to discourage the use of fluctuating-workweek pay plans under the federal Fair Labor Standards Act.
House Leadership Corporate Tax Reform Plan: Destination-Based Cash-Flow Tax With A Border Adjustment 
Arnold & Porter Kaye Scholer LLP

Speaker of the US House of Representatives Paul Ryan has indicated that House Republicans intend to introduce comprehensive tax reform legislation in Congress this spring.
Sixth Circuit Ruling Reinforces EPA's Ability To Initiate NSR Enforcement Based On Projected Emissions Increases 
Troutman Sanders LLP

In 2010, EPA initiated an enforcement action challenging DTE's routine maintenance designation.
No Harm, No Foul: Court Dismisses Biometric Data Privacy Class Action Against NBA 2K Games 
Frankfurt Kurnit Klein & Selz

Biometric data — from, e.g., retina, face and fingerprint scans — plays a big role in the current wave of new technology services. For example, biometrics provide security features...
Claiming Automobile Expenses 
Crowe Soberman LLP

Both self-employed and employed healthcare professionals, including medical residents, may be able to deduct automobile expenses in their personal or corporate income tax returns...
Data Protection Law - A Broken Shield? 
Womble Carlyle

Sweeping statements made in an Executive Order issued five days into the Trump administration have cast doubt on the legal status of the EU-US Privacy Shield...
Corporate Activity In 2017 
Mason Hayes & Curran

As Ireland continues to be an important business location for multinational companies in the immediate aftermath of Brexit, we forecast a positive outlook for corporate activity....
Is A Private Health Services Plan Right For My Professional Corporation? 
Crowe Soberman LLP

One of the most common and important benefits for employees working in any business is medical insurance and medical expense coverage.
Fifth Circuit Limits Reverse False Claims Act Liability  
Ropes & Gray LLP

On December 13, 2016, in United States ex rel Simoneaux v. E.I. DuPont de Nemours & Co., the Fifth Circuit rejected an expansive construction of "reverse" false claims and . . .
Even In Light Of Reexam, Court Declines To Stay Brite-Strike Patent Litigation 
Proskauer Rose LLP

In one recent case, a Massachusetts court brightened the plaintiff's day by denying the defendant's motion to stay.
HSR Transaction And Filing Fee Thresholds Adjusted 
Troutman Sanders LLP

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR") requires parties to stock and asset transactions that satisfy specified jurisdictional thresholds to provide the Federal Trade Commission...
March 1 Is Deadline For Small Breach Notifications Under HIPAA 
Day Pitney LLP

HIPAA covered entities that suffered "small" data breaches in calendar year 2016 have until March 1, 2017 to report the breach to the U.S. Department of Health and Human Services'...
Action Needed To Maintain DMCA Safe Harbor Protection 
Day Pitney LLP

If your business lets third parties post content on your website – even a simple product review – please keep reading.
The Horizontal Merger Guidelines Introduced By The Ukrainian Competition Authority 
Wolf Theiss Rechtsanwälte GmbH & CO KG

Ukrainian competition law and practice continues to improve.
Breaking Up Is Hard To Do: Maintaining Business Integration When Your Organisation Is Geographically Dispersed 
Deloitte

20th century organisations often succeeded by operating from a single location. Take the newspaper industry as an example. For journalists, Fleet Street in London was the centre of the universe.
The FCA And Medical Necessity: An Increasingly Tenuous Relationship 
McDermott Will & Emery

On January 19, 2017, another district court ruled that a mere difference of opinion between physicians is not enough to establish falsity under the False Claims Act.
Attention Landlords! New Minimum Standards For Rented Residential Accommodation 
Mason Hayes & Curran

New standards for rented residential accommodation will come into effect on 1 July 2017 with the introduction of the Housing (Standards for Rented Houses) Regulations 2017.
FDA Revises Control Of Listeria Monocytogenes In Ready-To-Eat Foods 
Jones Day

The guidance is intended to help industry comply with the requirements of that regulation with respect to measures that can significantly minimize or prevent the contamination of RTE food with Listeria.
Software Is Still Patent Eligible 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

In recent years, software patents have come under fire from legislation that has generally made patents easier to invalidate, and from court decisions that have made computer-implemented inventions more vulnerable to subject matter eligibility challenges.
The ‘eIDAS' Regulation & Its Effect On Maltese Electronic Commerce Law 
Mamo TCV Advocates

On 1st July 2016, Regulation No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market ('eIDAS Regulation') took effect in Malta.
Guidance Ahead Of Entry Into Force Of Ballast Water Convention 
Andreas Neocleous & Co LLC

The Department of Merchant Shipping recently issued guidance to owners, charterers and managers of Cyprus ships regarding the entry into force of the International Convention for the Control and Management of Ships'...
Trump Administration Announces Temporary Regulatory Freeze 
Jones Day

On January 20, 2017, the Trump Administration issued a memorandum "for the Heads of Executive Departments and Agencies" requesting the "regulatory freeze" of almost all pending regulations...
Advancing Human Rights Claims Based On Global Supply Chain Activities: Recent Developments In California And Canada 
Littler Mendelson

Courts in California and Canada have emerged as testing grounds for advancing claims of forced labor in global supply chains.
Finally On Track For A Comprehensive Support Scheme For Renewable Energy? 
Schoenherr Attorneys at Law

Albania had adopted legislation for the promotion of RES facilities in 2013.
New York DOL Adopts Regulations Governing Employment Policies That Limit Employee Discussion Of Wages 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

The New York State Department of Labor has adopted regulations clarifying employers' rights and obligations when implementing policies that limit the discussion of wages in the workplace.
Third Circuit Rules "Subgroup" Disparate Impact Claims Are Cognizable Under The ADEA 
Littler Mendelson

The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to find that so-called "subgroup" disparate impact claims are cognizable under the Age Discrimination...
Federal Circuit Again Reverses PTAB Obviousness Determination  
Foley & Lardner

The Federal Circuit also took issue with the PTAB's inadequate explanation of the motivation for combining the two references at issue in the obviousness holding.
Rechtsanwalt In Vietnam Oliver Massmann Versicherungswirtschaft 
Duane Morris LLP

Es soll ein Projekt mit dem Namen "ComFrame" geben, das von der international tätigen Versicherungsgruppe (IAIG – verbunden mit IAIS) geplant wird und rechtlich verbindliche Rahmenbedingungen einführen soll.
Québec's Minister Of Energy And Natural Resources Announces New Policy Directions On Social Acceptability 
McCarthy Tétrault LLP

On January 24, 2017, the Québec Ministry of Energy and Natural Resources unveiled new Policy Directions (available in French only) that it will implement in order to foster social acceptability...
Ontario Immigrant Nominee Program To Open Most Popular Streams 
Immigration.ca

On February 20th 2017 Ontario will begin opening its popular streams. The OINP's International Masters Graduate Stream, International PhD Graduate Stream and Express Entry Human Capital Priority Stream will all begin receiving applications for 2017 allocations.
A Most Dysfunctional Application  
McCarthy Tétrault LLP

The recent decision Baratto v. Merck Canada Inc. presents a rare occasion where the Superior Court of Québec refuses permission to institute a class action lawsuit.
OINP To Re-Open Week of February 20th, 2017  
Green and Spiegel LLP

Good news was announced today regarding the Ontario Immigrant Nominee Program (OINP).
Preparing For Brexit: Top 5 Considerations For Franchisors In 2017  
Field Fisher

Since the United Kingdom voted to leave the European Union ("EU") on 23 June 2016, "Brexit", and what it may or may not mean has dominated the national conversation.
Legal Challenges To Site C Dam By BC First Nations Dismissed By Federal Court Of Appeal And BC Court Of Appeal 
McCarthy Tétrault LLP

Two separate court challenges of the federal and provincial environmental assessment approvals for the Site C hydropower project in British Columbia have recently been dismissed by the federal...
Saskatchewan Court Upholds Electronic Waiver As Enforceable  
McCarthy Tétrault LLP

The Saskatchewan Court of Queen's Bench recently upheld an electronic waiver as enforceable in Quilichini v Wilson's Greenhouse, 2017 SKQB 10.
Federal Circuit Finds "Consisting Of" Requires Reversing Infringement Of Shire Lialda Patent  
Foley & Lardner

The Federal Circuit focused on the "consisting of" language in the claims at issue when it reversed the district court's finding that Watson's ANDA product would infringe the only Orange Book-listed...
The Case Against Trump's Immigration Order 
Arnold & Porter Kaye Scholer LLP

Mayer explains the significance of President Donald Trump's recent executive order challenging "sanctuary jurisdictions" and analyzes the basis for the city and county of San Francisco's recent lawsuit challenging the order.
Small-Scale Canadian LNG Projects Quietly Growing As An Alternative Power Source 
Blake, Cassels & Graydon LLP

In these remote regions, reliable and cost-effective energy supply is a challenge for communities and industry, and serves as a barrier to economic development.
Hong Kong Proposes Enhanced AML Obligations For Professionals And Beneficial Owner Registries For Hong Kong Companies 
Ropes & Gray LLP

The Hong Kong Government has recently proposed to expand its AML laws. This is expected to assist Hong Kong in keeping pace with AML developments in other financial centers...
Enforcement Under A Jeff Sessions DOJ - Video 
Ropes & Gray LLP

Colleen Conry, Ropes & Gray government enforcement partner, provides insights on what to expect with enforcement activity under the Trump administration and a Jeff Sessions led Department of Justice.
The EU-US Privacy Shield's Impact On Online Advertising 
Global Advertising Lawyers Alliance (GALA)

Given the enormous impact on business performed internationally, the European Commission and US Authorities rushed to come up with a new solution, allowing the data transfer to continue.
Illegal Gambling & Gambling Addiction: Advertising Bans & Restrictions In Italy 
Global Advertising Lawyers Alliance (GALA)

In recent years, lawmakers and regulators throughout the EU are increasingly worrying about the negative side effects of gambling.
Food Advertising In Italy 
Global Advertising Lawyers Alliance (GALA)

To achieve harmonization with the provisions of EU Regulation no. 1169 of 2011[2], this current legal frame work will have to undergo an extensive review.
Overview of 2016 French Financial Regulations  
Reed Smith (Worldwide)

The ACPR and AMF, French financial regulators, focused on anti-money laundering and anti-terrorism, internal control procedures, conflicts of interest and market abuse infringements in 2016.
Chesapeake Energy Court Adopts The Narrow View Of Section 316(b) Of The TIA 
Jones Day

On February 8, 2017, the U.S. District Court for the Western District of Oklahoma dismissed the class action lawsuit brought by unsecured bondholders of Chesapeake Energy Corporation...
Overlooked Considerations To Keep In Mind When Joining A Gym 
Howie, Sacks & Henry

We enthusiastically promise ourselves that the New Year will bring a new and improved version of ourselves.
Portman-Shaheen Energy Efficiency Bill Reintroduced In Senate 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Portman-Shaheen was introduced in the previous three congresses with bipartisan support.
Significant Rulings Pronounced In The Last Year And Their Impact On Tax Positions 
SKP Business Consulting LLP

India is considered to be the land of tax litigation.
Tax Guidance To Slow Under Trump. Even More Emphasis On Letter Rulings In Bond Transactions? 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Such guidance includes regulations, revenue rulings, and revenue procedures, the principal means by which Treasury and IRS provide interpretations of tax statutes.

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