Mondaq Latest Added Articles

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FDCPA Class Certified In A Seemingly Individualized Dispute Over Repayment Options Calculation 
Troutman Sanders LLP

The United States District Court for the Eastern District of Pennsylvania certified a class of Pennsylvania residents with defaulted student loans serviced by Coast Professional.
Farmers To Lose Right To Claim Subsidies For Fields Filled With Solar Panels 
Zyda Law

A DEFRA press release earlier this week announced that farmers will lose their right to claim subsidies for fields filled with solar panels.
Funds - Ireland - Quarterly Update Q3 | July - September 2014 
Maples and Calder

The latest edition of our Funds Update – Ireland, a quarterly summary of Irish legal, regulatory, tax and listing developments in recent months
News Flash: Cap-And-Trade Remains The Most Efficient Way To Reduce Emissions 
Foley Hoag LLP

Notwithstanding Congressional gridlock on climate change legislation, cap-and-trade remains the tried and true efficient method for reducing air emissions.
DQ Successfully Recovers Money For Its Client Following Breach Of Contract 
Dougherty Quinn

long-running litigation in which DQ acted concluded recently, with a successful result for DQ’s client, Paracale Gold Limited ("PGL") in its claim against George Michael Osborne ("Mr Osborne").
New Jersey Ban On Sports Gambling Repealed 
Klein Moynihan Turco LLP

On October 17, 2014, New Jersey Senate Bill No. 2460, which partially repeals New Jersey's ban on sports gambling, was signed into law by Governor Chris Christie
Case Brief: On Business Closure As A Breach Of The Statutory Freeze On Employment Terms  
Norton Rose Fulbright Canada LLP

In June, a majority of the Supreme Court held, in United Food and Commercial Workers, Local 503 v Wal-Mart Canada Corp., 2014 SCC 45, that an arbitrator had reached a reasonable conclusion in finding that Wal-Mart’s 2005 closure of a Quebec store constituted a prohibited unilateral change in conditions of employment following the certification of the union.
Bankruptcy Ruling To Come First Week of November 
Fox Rothschild LLP

Detroit could be out of bankruptcy as early as three weeks from now, as Judge Steven Rhodes has said he will issue his ruling on the city’s historic Chapter 9 case the week of November 3.
B.C. Unveils Liquefied Natural Gas Tax Framework 
Stikeman Elliott LLP

The Liquefied Natural Gas Income Tax Act reflects the culmination of the Province's goal to introduce an LNG tax framework, which was initially unveiled in February 2014.
SEC Issues Notice Of Intention To Deny Application For Non-Transparent Actively Managed Exchange-Traded Funds 
Ropes & Gray LLP

On October 21, 2014, the SEC issued a notice of intention to deny an application for exemptive relief (the "Application") under the Investment Company Act, as amended (the "1940 Act"), filed on behalf of Precidian ETFs Trust (the "Trust"), Precidian Funds LLC (the "Adviser") and Foreside Fund Services, LLC (the "Distributor," and, together with the Trust and the Adviser ..
Loss Restriction Rule Update For Investment Funds 
Torys LLP

The Department of Finance announced proposals on October 20, 2014 that would temper the application of the loss restriction event rules under the Income Tax Act (Canada).
Breaking News: Texas State Securities Board Adopts Crowdfunding Rules 
Strasburger & Price, L.L.P.

On October 22, 2014, the Texas State Securities Board adopted crowdfunding rules without any substantive changes from those proposed in April.
FATCA: Do I Need To Register With The US IRS Before 31 December 2014? 
Maples and Calder

This question has been given due consideration by a significant number of persons holding management responsibility for, or acting in an advisory capacity to, Cayman Islands registered or incorporated entities.
Bankruptcy Trustee Probe: Robert Truland’s Purchase Of Company Artwork For Fair Price? 
Fox Rothschild LLP

The Washington Business Journal recently reported that the bankruptcy trustee for Truland Group Inc., D.C.’s area’s largest electrical contractor, is investigating whether the company’s CEO, Robert W. Truland, paid fair value for the dozens of pieces of artwork that he purchased from the company just four months before it suddenly shut down.
Dr. Reddy’s Laboratories Settles On Eve Of Trial – Agrees To Cooperate With Plaintiffs 
Patterson Belknap Webb & Tyler LLP

Much has happened since our last post on the Nexium "pay for delay" class action lawsuit. Jury selection began in the District of Massachusetts on Monday, October 20, 2014.
Canadian Rules On Trade Repositories And Data Reporting - Where We Are On The Eve Of Reporting 
Stikeman Elliott LLP

The trade reporting rules of the securities regulatory authorities in Ontario, Manitoba and Quebec will require reporting beginning October 31.
Swaps End-User Update: CFTC Ownership and Control Reporting Rules 
McGuireWoods LLP

End-users that trade derivatives on designated contract markets or swap execution facilities should expect to receive requests for additional trader and account information.
Federal Court Dismisses Complaint Against EEOC For Unauthorized Use Of Employer’s E-Mail System 
Schnader Harrison Segal & Lewis LLP

Late last year we reported that Case New Holland, Inc. (CNH) had sued the EEOC after learning that the agency, in the course of investigating a claim of age discrimination, had sent a blast email. This email was linked to a questionnaire and sent to 1300 employees at their work email addresses at the beginning of their workday.
Ohio Workers’ Compensation In Automobile Accident Injury: High Court Rejects Dual Intent 
Barnes & Thornburg

On Oct. 21, the Ohio Supreme Court issued a decision regarding the dual intent doctrine, allowing employers to sleep just a little better at night.
First DCA Reinforces Plaintiff's Burden In Constructive Knowledge Cases Involving Transitory Foreign Substances 
Rumberger, Kirk & Caldwell, P.A.

In this case, the plaintiff attempted to hold a retail grocery store liable for her injuries when she fell as a result of what she called "unnoticeable drops of water."
A Guide To Non-Charitable Purpose Trusts In Jersey  
Carey Olsen

Purpose trusts have become an increasingly important part of the Trusts (Jersey) Law 1984 (as amended) (the "Trusts Law"). Unlike traditional trusts there is no need for a purpose trust to have a living beneficiary. The
Auto-Enrolment – What Do You Need To Know? 
Wedlake Bell

Just over two years ago the first workers were autoenrolled into a workplace pension. Since then around 28,000 businesses have autoenrolled.
What Is The Appropriate Market For Analyzing Amazon’s Alleged Power? 
Patterson Belknap Webb & Tyler LLP

The current debate over whether Amazon holds the power of a monopolist or a monopsonist is likely to be narrowed to one question in a court room: What is the relevant product market that Amazon is allegedly dominating?
Excalibur v Keystone - Practical Points For Funders And Insurers 
Withers LLP

Judgment has been handed down in Excalibur Ventures v. Keystone et al., a Commercial Court case which is likely to change the way that third party litigation funders structure and monitor their business activities.
Several Courts Deal With The "At Issue" Doctrine: Part II 
McGuireWoods LLP

Most courts recognizing the "at issue" doctrine apply it only if the litigant affirmatively raises an issue to gain some advantage in litigation.
Key Human Rights Decision Upheld By Divisional Court 

The Divisional Court upheld a noteworthy Ontario Human Rights decision in which the Tribunal ordered the reinstatement of an applicant whose employment had been terminated for almost a decade.
Excalibur Judgment Changes Playing Field In Litigation Funding Market 
Withers LLP

The claim against the non-party funders is the tail end of an epic $1.6bn claim by Excalibur Ventures LLC against the US oil company, Texas Keystone Inc.
Enterprise Compliance With The CASL Software Provisions – Six Questions For Large Organizations 
Bennett Jones LLP

The electronic communications provisions of Canada’s Anti-Spam Law (CASL) came into force on July 1, 2014.
6 Simple Steps To Perform Market Research For Food & Beverage Processing Businesses 

When you take that first bite into a perfectly prepared food item, chances are it’s gone through many rounds of research and testing.
Canada's Anti-Spam Legislation: An Advantage For Cloud Computing? 
Bennett Jones LLP

The communications provisions of Canada’s Anti-Spam Legislation (CASL) came into force on July 1, 2014.

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