Mondaq Most Recent Articles-12 March 2014

Update: FASB Insurance Contracts Proposal Will Not Apply To Non-Insurance Companies Morgan Lewis At a recent meeting, the FASB decided to limit the scope of its proposed Accounting Standards Update to insurance companies only, rather than having the insurance contracts project include all entities that issue insurance contracts.	Deal Or No Deal? Outlet Advertising Called Into Question Arent Fox LLP Clothing manufacturers may want to rethink their marketing tactics at outlets, according to a letter prepared by four members of Congress.
Up In The Air: Terminating Via Skype Stewart McKelvey Most labour and employment lawyers and human resources practitioners made a point of seeing the film "Up in the Air" starring George Clooney who, in his job at Career Transitions Corporation, traveled about the United States firing people.	The Inevitable - EMV Payments On A Fast Track To Becoming A New Standard In The United States Reed Smith Last week, congressional leaders in Washington continued with their focus on the safety of the U.S. payments system in the aftermath of the massive retailer breaches at Target, Neiman Marcus and others.
Open And Transparent -Or- Hide The Ball? Some Leasing Best Practices Reed Smith Recently, the "Commercial Lease Law Insider" advised landlords to avoid lease disputes by refusing to disclose the square footage of the space.	Regulator Sharpens Its Claws As Auto-Enrolment Obligations Begin To Bite For SMEs MacRoberts A recent Freedom of Information request has resulted in The Pensions Regulator disclosing some eye-opening figures regarding its auto-enrolment compliance regime.
Florida Construction Liens: Licenses And Construction Liens Fox Rothschild LLP Florida law governs who can enforce a construction lien.	Banks Previously Sued In Title III ADA Class Action Lawsuits Now Getting Sued Again In Second Wave Of Accessibility Lawsuits Duane Morris LLP A Pittsburgh-based law firm, that has filed well over 100 class action lawsuits under Title III of the Americans with Disability Act ("ADA") in federal District Courts throughout the country against banks on behalf of a plaintiff who alleged that the banks’ ATMs were inaccessible, is back at it and is filing more ADA Title III class actions against banks.
Sex Workers Can Sue Their Bosses For Sexual Harassment: An Exchange Fox Rothschild LLP Our recent post which noted a case from New Zealand where a prostitute was awarded damages based upon a claim of sexual harassment by her boss (a brothel owner) was found not to be very controversial by our readers. (In New Zealand prostitution is legal).	US Supreme Court Upholds Broad Scope Of Sarbanes-Oxley Act Whistleblower Protection WilmerHale Last week, the US Supreme Court issued an important decision addressing whether Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) (codified at 18 U.S.C. § 1514A) limits protection from retaliation to the employees of public companies, or if it also covers employees of contractors to a public company.
U.S. Supreme Court Holds That Arbitrators, Not Courts, Are Entitled To Interpret Local Litigation Requirements In Bilateral Investment Treaties WilmerHale On March 5, the U.S. Supreme Court held in BG Group PLC v. Republic of Argentina, --- S.Ct. ---, 2014 WL 838424 (March 5, 2014) that local litigation requirements in bilateral investment treaties (BITs) are generally procedural preconditions to arbitration and that arbitrators, rather than courts, should interpret and apply such requirements in the first instance, subject to only very limited judicial review.	Smart & Biggar Prevails In Precedent Setting Trade-Mark Trial On Behalf Of Harley-Davidson Smart & Biggar/Fetherstonhaugh In a March 4, 2014 decision (H-D USA LLC et al v Jamal Berrada et al, 2014 FC 207), the Federal Court recognized that Harley-Davidson may sell its SCREAMIN’ EAGLE brand of clothing and collateral items in Canada in connection with its well known HARLEY-DAVIDSON trade-mark ..
REDMA And The Recent Woo v. Onni Ioco Road Five Development Limited Partnership Decision Bull, Housser & Tupper LLP The British Columbia Court of Appeal’s recent decision in Woo v. Onni Ioco Road Five Development Limited Partnership indicates that the courts are moving towards a more balanced interpretation of the Real Estate Development Marketing Act (British Columbia) ("REDMA").	Breaking News: Tribe Files Suit To Block California Compact Referendum Dickinson Wright PLLC The landmark ballot referendum proposing to reverse the California Legislature's ratification of two off-reservation tribal casinos is being challenged.
Investor vs. State Disputes Under ECT & Turkey’s Track-Record Kolcuoglu Demirkan The world’s constantly growing energy demand and energy investments, requiring substantial capital and long-term commitments, which can be easily affected by political, legal and environmental changes, inevitably give rise to disputes between investors and the host states of investments.	Do You Have A "Change Of Control" In Your Shareholders Agreement? Soteris Pittas & Co LLC In the recent English case McKillen –v- Misland (Cyprus) Investments Ltd (2012) the Court decided that, a principle applicable to pre-emption articles is that, a right to deal freely with a share, is an important attribute of ownership.
Economic Relations Between The UK And Turkey: NO STOPPING Kolcuoglu Demirkan Over the past decade, Turkey experienced one of the world’s highest growth rates, with an average of 5.1%.	Minor Injury Cap 2014 Stewart McKelvey On January 31, 2014, The Office of the Superintendent of Insurance issued a bulletin in Nova Scotia. For 2014, the Minor Injury Cap for Nova Scotia is $8,213. This is a 1.4 per cent increase over the previous year, based on the CPI for Nova Scotia as of December 2013.
Fisheries Act Regulations Authorize Deposits of Willms & Shier Environmental Lawyers LLP Draft regulations released on February 15, 2014 create a policy framework enabling the federal government to make regulations exempting certain activities from the general Fisheries Act prohibition against polluting water frequented by fish.	D'oh! Simpsons Voice Actor Scores Big Win In Baseball Character Suit (Three Point Shot - March 2014) Proskauer Rose LLP Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief!
Supreme Court Docket Report - March 10, 2014 Mayer Brown Section 13 of the Securities Act contains a statute of repose that provides that "[i]n no event shall any such action be brought to enforce a liability created under [Section 11 of the Securities Act] more than three years after the security was bona fide offered to the public."	Foreign Blocking Statutes And Cross-Border Discovery Arent Fox LLP Delaware Chancery Court Issues First Ruling Weighing French Blocking Statute Against US Discovery Rules
After Hours: Protecting Businesses Against Unfair Post-Employment Competition Without Exposure To Unexpected Risks Arent Fox LLP It can be frustrating to managers and damaging to a business when employees leave and decide that the company's customers are fair game for poaching, or that their fellow employees are easy targets for recruiting to the new place they work	Last Week At The FEC: Audit Reports, Budgets And Strategic Planning Holland & Knight Last week the Federal Election Commission met in open and executive sessions on Thursday, March 6. During its open Session the Commission adopted technical corrections to its regulations and approved Final Audit Reports for state and county party committees in Texas, Iowa, Vermont and South Carolina.
Dix Jugements Marquants de l'année 2013 en Droit du Travail McMillan LLP La jurisprudence en droit du travail en 2013 a été marquée par de nombreux arrêts de la Cour suprême du Canada sur des questions aussi variées que les tests de dépistage de drogues, les clauses de non-concurrence et la liberté d'expression des syndicats.	Insurance Regulatory Update – February 2014 Arthur Cox Central Bank Publishes Enforcement Priorities And Programme of Themed Reviews And Inspections For 2014
EEOC "Challenges" Health Care Industry To Obey The ADA Fox Rothschild LLP Way back on October 1, 2012 we titled a post "EEOC Making An Example Of Health Care Industry As ADA Violators."	Age Discrimination In Benefit Plans - Talos v Grand Erie District School Board McMillan LLP A recent decision of the Human Rights Tribunal of Ontario (the "Tribunal") challenges the ability of employers to treat employees over age 65 differently with respect to the provision of benefits.
FDA Withdraws Approval Of NDAs And ANDAs For Prescription Medications Containing Propoxyphene Fox Rothschild LLP It is official; FDA is withdrawing approval of all NDAs and ANDAs for propoxyphene. Propoxyphene formulations which have been in the market for the past 50 years either, as the sole active ingredient or as a combination with other non-opioid pain medications can no longer be delivered or introduced for delivery in the market.	Religious Institutions: March 2014 Holland & Knight Under state and federal law, "whistleblowers" are a protected class and a broader category of persons than intuitively you might guess.