Mondaq Latest Added Articles

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2016 Express Entry Draw #10: CRS Score Rises Above 500 With Fall In The Number Of Candidates Invited To Apply For Immigration To Canada

May 6th - 2016 - Canadian Immigration authorities conducted the 10th round of invitations under Express Entry in 2016 and 33rd overall, inviting 799 applicants for permanent residence.
Mike Duffy Acquittal Sheds Light On Criminal Code Corruption Offences 
Blake, Cassels & Graydon LLP

Last week's acquittal of Senator Mike Duffy on fraud, corruption and bribery offences shows Ontario courts will not find "corrupt" intent lightly.
B.C. Proposes To Significantly Broaden Requirements For Spill Reporting And Response 
Blake, Cassels & Graydon LLP

The British Columbia government is seeking further input on its proposed new regime for spill reporting, preparedness and response through the release of an intentions paper on April 5, 2016...
Amendments To The Integrity Regime – A Step In The Right Direction 
Blake, Cassels & Graydon LLP

On April 4, 2016, Public Services and Procurement Canada (PSPC) (formerly known as Public Works and Government Services Canada) made a number of important amendments...
Restarting The Clock: Court Of Appeal Affirms Two-Year Limitation Period For Oppression Remedy Cases 
Blake, Cassels & Graydon LLP

In its recent decision in Maurice v. Alles, the Court of Appeal for Ontario held that oppression remedy claims under the Ontario Business Corporations Act (OBCA) must be commenced within the general two-year limitation period...
Underwriters May Have Expertise But That Does Not Make Them "Experts" 
Blake, Cassels & Graydon LLP

In the LBP Holdings v. Allied Nevada Gold Corp. decision released on April 27, 2016, the Ontario Superior Court of Justice refused to allow the underwriters of a secondary public offering...
CSA Proposes Protocols To Improve Proxy Voting Infrastructure And Vote Reconciliation Process 
Blake, Cassels & Graydon LLP

As the next step in its effort to improve the proxy voting infrastructure and vote reconciliation process, the Canadian Securities Administrators (CSA) has published CSA Multilateral Staff Notice 54-304...
Competition Tribunal Finds Toronto Real Estate Board Engaged In Abuse Of Dominance 
Blake, Cassels & Graydon LLP

Last week, the Competition Tribunal (Tribunal) issued a summary of its decision in the Commissioner of Competition's (Commissioner) long-running abuse of dominance case against the Toronto Real Estate Board.
Made In Canada: Competition Bureau Takes Action Against Moose Knuckles 
Blake, Cassels & Graydon LLP

On April 26, 2016, the Competition Bureau (Bureau) filed a Notice of Application (Application) against Moose International Inc. (Moose Knuckles), for alleged false or misleading "Made in Canada" claims...
Getting Into A Fix Over Landlord's Fixtures And Fittings 
Dentons (UK)

The case concerned floor tiles which had been installed in 2002 as part of the tenant's (the Trust) fitting-out works.
World Bank v. Wallace: SCC Endorses Importance Of International Anti-Corruption Efforts 
Blake, Cassels & Graydon LLP

On April 29, 2016, the Supreme Court of Canada (SCC) upheld archival and personal immunities of an international organization (the World Bank Group) and its anti-corruption investigators.
Feeling Oppressed? Not If It's From A Breach Of Contract, Says Court Of Appeal 
Blake, Cassels & Graydon LLP

In Shefsky v. California Gold Mining Inc., the Alberta Court of Appeal (Court) upheld the chambers judge's decision and dismissed the appeal of Martin Shefsky in a fight for control of the board...
Another Conviction Under The Migratory Birds Convention Act 
Siskinds LLP

The Migratory Birds Convention Act, 1994 is again being used as a tool to protect migratory birds that are also species at risk.
More DB DC Plan Design Flexibility In Maximizing Benefits For Highly Compensated Employees 

If your company offers both an active pension plan and a 401(k) or profit sharing plan and performs the general test to satisfy the nondiscrimination rules, this Alert is for you.
States Challenge EPA's Clean Power Plan 
Smith Gambrell & Russell LLP

More than two dozen states, along with industry, utility and other groups, have joined a lawsuit challenging the EPA's Clean Power Plan.
CMS Releases Proposed Rule For MACRA Implementation – Overview And Merit-Based Incentive Payment Systems (MIPS) 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

On April 27, 2016, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule that would put in place key parts of the Medicare Access and CHIP Reauthorization Act of 2015.
New Compounding Policies From FDA May Affect Hospital And Health System Pharmacy Operations 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Last month, FDA released three draft guidance documents that are expected to have significant implications for traditional pharmacy-based compounding and the distribution of those drug products.
FERC Rejects Complaint Against PJM Over Distribution Factor Method For Transmission Cost Allocation 
Troutman Sanders LLP

On April 22, 2016, FERC denied a complaint filed by the Maryland and Delaware Public Service Commissions against PJM Interconnection LLC...
Supreme Court Revisits "Trial By Formula" Approach In FLSA Collective Action 
Troutman Sanders LLP

In 2011, the U. S. Supreme Court issued a landmark decision regarding certification of employment discrimination class actions. The opinion, Wal-Mart v. Dukes, rejected the "trial by formula" approach of allowing a random sample of the class members' claims to be tried, with the results of those trials to be applied to the entire class.
The "Payback Playbook": CFPB Calls For Comments On Student Loan Communication Initiative 
Morrison & Foerster LLP

On April 28, 2016, the CFPB released its "Payback Playbook" initiative proposal, which concerns loan servicers laying out student loan repayment options...
Employer's Guide To Doing Business In California – Newly Updated, May 2016 
Fox Rothschild LLP

We recently updated a 15-page brochure that summarizes California's unique employment law requirements.
Minority Members: Till Death Do Us Part? 
Fox Rothschild LLP

It is a familiar adage that business partnerships are like marriages, and in many instances, that saying holds true.
Not Obvious To Combine For A Person Of Ordinary Skill In The Art (POSITA) 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Appellant appealed to the Patent Trial and Appeal Board ("Board") an obviousness rejection to claims directed to a user interface that displays currency trading information.
Education Malpractice And Student Litigation: How To Assess Claims 
Thompson Coburn LLP

This post is the second in our three-part series on recent legal authority addressing the educational malpractice doctrine.
Proposed Changes To The Non-Dom Regime From April 2017 

The changes were first announced in the 2015 Summer Budget, and a Consultation document was issued in September 2015 setting out further details.
Enhancement Of Competition Law Enforcement Under The Competition And Consumer Protection Act 2014 
Arthur Cox

The Competition and Consumer Protection Act 2014 (the "2014 Act") came into effect on 31 October 2014.
More Time, More Money: New, Unique Employment Standards Act Leaves Proposed By Legislature 
Stringer LLP

There are currently two Bills before the Ontario legislature which would designate new leaves under the Employment Standards Act, 2000.
Phase 2 HIPAA Audits Are Underway 
McDermott Will & Emery

The US Department of Health and Human Services Office for Civil Rights (OCR) will soon begin a second phase of audits for compliance with HIPAA privacy, security and breach notification standards as required by the HITECH Act.
Forcing Exclusivity On Your Customers May Not Be The Best Competitive Response 

According to the FTC's administrative complaint, Invibio responded to new rivals seeking to sell PEEK at lower prices by adopting a strategy of expanding the scope and coverage of exclusivity terms in its own PEEK supply contracts.
Top Five Reasons Why You Should File For Trademark Protection In Cuba 
Foley Hoag LLP

As the U.S. and Cuba progress towards normalizing trade relations, many U.S. companies are contemplating whether it makes sense to do business in Cuba.
An Appeal On The Merits Unmasked - High Court Dismisses Application To Set Aside Arbitral Award 
Dentons Worldwide

Pursuant to the terms of a supply contract between Mount Eastern Holdings Resources Co., Limited (Mount Eastern) and H&C S Holdings Pte Ltd (H&C), H&C was obliged to deliver 90,000 wet metric tonnes of iron ore to Mount Eastern.
The New Implementing Regulations To The Saudi Arabian Labor Law 

By way of Ministerial Decision No. 1982 dated 6 April 2016, the Saudi Arabian Ministry of Labor issued new implementing regulations (the "New Implementing Regulations") to the Labor Law.
Supreme Court Decision Will Clarify Copyright Protection For Fashion Designs 
Frankfurt Kurnit Klein & Selz

On Monday, the Supreme Court agreed to hear arguments in Star Athletica v. Varsity Brands, which could set the stage for greater clarity in copyright law in the fashion and design industries.
Brexit: Ripples On This Side Of The Pond 
Miller Thomson LLP

Sometimes, I sit and wonder if the Clash saw this one coming back in 1981. In recent months, Brexit, that is the possible exit of the United Kingdom ("UK") from the European Union ("EU"), has been making headlines worldwide.
CSA Provides Further Guidance To NI 31-103 Cost Disclosure And Performance Reports  
McMillan LLP

On April 14, 2016, the Canadian Securities Administrators ("CSA") issued CSA Staff Notice 31-345 Cost Disclosure, Performance Reporting and Client Statements – Frequently Asked Questions and Additional Guidance (the "Staff Notice").
Overtime Exemption Changes Expected Next Week 
Schnader Harrison Segal & Lewis LLP

The U.S. Department of Labor (DOL) is poised to release the final rules regarding overtime exemption changes.
When Customer Supply Contracts Lead To Trouble: Exclusive Dealing Provisions Result In FTC Monopolization Action Against Invibio 
McDermott Will & Emery

Exclusive dealing by a monopolist may be challenged and prohibited when the acts allow the monopolist to maintain its monopoly power.
"Venting" On Facebook Leads To $65,000 Defamation Judgment And Liability For 3rd Party Comments 
McMillan LLP

The B.C. Supreme Court's recent decision in Pritchard v. Van Nes (2016 BCSC 686) serves not only as a reminder that a poster of defamatory comments on social media can be held liable for the damage caused...
Federal Regulator Issues Proposed Rule Aimed At Incentive Compensation Policies Of Banking Organizations 
Reed Smith

The Proposed Rule revises the prior proposed rule the Regulators published in 2011 (the "2011 Rule"), implements section 956 of the Dodd-Frank Act, and attempts to strengthen supervision of banking organizations.
CIRC Reforms Self-Registration For Products Subject To Record-Filing Management By Property Insurers (In Chinese) 
AnJie Law Firm

CIRC Canceled 15 Intermediary Services Of Administrative Examination And Approval (In Chinese) 
AnJie Law Firm

Guidance Provided On Interplay Of "Dormant" Commerce Clause And The 21st Amendment 
McDermott Will & Emery

On April 21, the US Court of Appeals for the Fifth Circuit handed down its opinion in Cooper v. Texas Alcoholic Beverage Commission, No. 14-51343.
Unicorns Under Scrutiny: The SEC Previews Its "Long Arm" Of The Law 
Proskauer Rose LLP

As we previously discussed, SEC Chair Mary Jo White recently delivered the keynote address at the Silicon Valley Initiative hosted by the SEC-Rock Center for Corporate Governance at Stanford University.
No Surprises In Ohio CAT Nexus Oral Argument 
McDermott Will & Emery

Oral argument before the Ohio Supreme Court took place on May 3 in the three cases challenging Ohio's Commercial Activity Tax (CAT) nexus standard.
Market Soundings: Practical Issues Under The New Regime  
Field Fisher

The Market Abuse Regulation ("MAR") which comes into force on 3rd July 2016 sets out a new set of rules to govern the conduct of market soundings.
The Equity Crowdfunding Rules: What You Need To Know 
Foley & Lardner

The SEC's equity crowdfunding rules finally go into effect this month almost four years after Congress passed the JOBS Act, requiring the relaxing of certain rules on raising funds.
New Tariffs On The Horizon After CRTC Revamps Rate-Setting Process For Wholesale Broadband Internet Services 
McCarthy Tétrault LLP

This month wholesale broadband providers will file new tariff applications in response to a recent CRTC decision announcing changes to the rate-setting process.
CMS Update To Medicaid Managed Care Regulations Should Prompt Significant Change 
Foley & Lardner

The Centers for Medicare & Medicaid Services ("CMS") has released the final version of its much anticipated revisions to the regulations governing Medicaid managed care (the "Final Rule").
Student Housing In England: List Of Specified Educational Establishments Exempt From HMO Regime Updated 
Gowling WLG

The list of higher educational establishments, which manage and control student accommodation but which are exempt from statutory HMO licensing requirements, has been updated and revised.
Local Communities & Natural Resources – Managing Expectations (Video Content) 

Elias Masika, Partner at TRIPLEOKLAW and an authority on Environmental & Energy Law, comments on the concerns recent discoveries of Natural Resources in Kenya raise.
Smarter, Fairer And Faster Contracting: What Might It Do For Your Cash Flow And Turnover?  

Suppose you could reduce the amount of time it took from agreeing a deal in principle to getting the legal contract actually signed by, say, 2, 3 or even more weeks.
The Modern Slavery Act 2015: Disclosure Threshold Announced But The Impact Likely To Be More Far Reaching  

We have previously highlighted how from October the Modern Slavery Act will require large businesses to annually disclose the steps they have taken to ensure that there is no slavery in their own businesses or in their supply chains.
Is A Limited Liability Partnership Right For Your Business? 

A limited liability partnership (LLP) is the perfect choice if you're looking for the protection of limited liability combined with the flexibility of operating as a partnership.
Ontario Court Of Appeal Rules OEFC Changes To Calculation Of Price Adjustment Index Breach The Terms Of Power Purchase Agreement 
McCarthy Tétrault LLP

On April 19, 2016, the Ontario Court of Appeal released its decision in Iroquois Falls Power Corporation v. Ontario Electricity Financial Corporation.
An overview of Unreasonable Director Related Transactions (URDTs) 
Kott Gunning

Directors and company advisors should thoroughly understand how to ensure that a transaction can not become a UDRT claim.
Getting your termination notices right – When near enough is not good enough 
Kott Gunning

If the termination notice is defective in any material way then the WA State Administrative Tribunal (SAT) has no power.
Major legislative changes to affect those managing health information – what does 2016 have in store? 

Here are our thoughts about what new changes will bring in the areas of eHealth and mandatory data breach notification.
Social media and health practice – can they mix? 

We outline some critical things to be aware of when engaging with social media, and some important things to avoid.
Seven commandments of continuous disclosure 

The article suggests seven commandments to assist life sciences companies in meeting continuous disclosure obligations.
Court of Appeal does the hard yards on factual analysis of work-related injury 
Kott Gunning

The court did lament difficulty in dealing with the technical evidence without any medical explanation or elaboration.
You've bought into a retirement village - do you actually own your home? 
Coleman Greig Lawyers

Properties in retirement villages are often sold under loan licences, so your home might not actually belong to you.
I've built a great online presence - What happens when I die? 
Coleman Greig Lawyers

You should have a plan in place regarding the management of your digital assets in the event of death or incapacity.
Labour market testing changes to work visa requirements 
Cavell Leitch

Employers and employees outside of Canterbury need to know about these changes prior to making a work visa application.
Managing the creative genius in an ideas boom era 

To implement innovative people strategies that allow the creative genius to flourish, we must manage creative output.
Cyber security and the risk of inside jobs in the healthcare sector 

Cyber security is an increasingly large concern for all businesses, but particularly for those in the healthcare sector.
Christchurch explosion in body corporate developments - it is crucial for developers to get service contracts right 
Cavell Leitch

This article gives a few tips on requirements for developers and how to put in place a successful body corporate.
New faces of philanthropy – Innovation in the NFP sector can result in a win-win situation for all involved 
Holman Webb

Charities should consider new technologies and financial models, and a working relationship with government and business.
How to peaceably re-enter a premises after cancelling a commercial lease - a case study 
Cavell Leitch

In practice, the procedure for peaceably re-entering a premises will vary depending on the particular circumstances.
Will delaying the finalisation of my family law property settlement work in my favour? 
Coleman Greig Lawyers

Parties are encouraged to resolve their property settlement matters within a practical time frame, to provide certainty.
Legal professional privilege over bullying investigation report upheld by Fair Work Commission 
Kemp Strang Lawyers

Legal professional privilege can be used to protect the confidentiality of workplace disciplinary investigations.
Workplace bullying – FWC Full Bench considers the test of - repeated unreasonable behaviour while at work 
Kemp Strang Lawyers

Workplace bullying is best dealt with by taking steps to prevent it occurring, but responding quickly if it does occur.
Breaching workplace safety: valid reason for dismissal 
Kemp Strang Lawyers

It was not unfair dismissal to end the employment of an employee who had breached the health and safety requirements.
Protecting your business - restraints of trade 
Kemp Strang Lawyers

If you suspect a breach of the restraint has occurred, act immediately, or the court may rule that relief is not needed.
My grandchild is at risk and I want to intervene - What should I do? 
HHG Legal Group

If you are concerned that your grandchild is at risk of harm, you should seek legal advice as soon as possible.
Public offers for property investment - what you need to know about the FMCA 
Cavell Leitch

The FMCA has changed the rules around how property syndicates and property investments are offered to the public.
Say it isn't so: Incorporations by reference and priority claims 
Shelston IP

The disclosure in parent and priority applications should be included in any subsequent applications to claim priority.
Personal liability for breaches of minimum employment standards 
Cavell Leitch

The changes allow both the employing company and officers to be penalised for breaches of minimum employment standards.
Employee underpayment: 10 ways in which employers put their businesses at risk 

Employers who underpay their workers could risk enforcement litigation with orders for back pay and monetary penalties.
Back to the future for work injury claims in Queensland 
Sparke Helmore Lawyers

All workers who have sustained injury at work on or after 31 January 2015 have had their full common law rights restored.
Rethinking mental illness exclusions in the context of the Ingram decision 
Sparke Helmore Lawyers

Insurers may unlawfully discriminate unless they rely on actuarial and statistical data with mental illness exclusions.
The rising risk of employer liability 
Sparke Helmore Lawyers

The best protection employers can have combines excellent employment practices and procedures and the right EPL policy.
Are you ready for a cyber breach? 
Sparke Helmore Lawyers

All companies should develop action plans for a cyber attack, from three perspectives — legal, operational and technical.
$40 Billion In Deals In One Day: Is "Big Pharma" Getting Bigger? 
Norton Rose Fulbright Canada LLP

In a single day last week, $40 billion worth of deals were announced in the pharmaceutical industry.
NAFCU Webcasts To Detail Insider Fraud, Succession Planning 
Fox Rothschild LLP

Christopher J. Pippett is featured in the National Association of Federal Credit Unions article, "NAFCU Webcasts to Detail Insider Fraud, Succession Planning."
UK Logistics Company To Pay More Than £2 Million For Bribery-Related Conduct 
Akin Gump Strauss Hauer & Feld LLP

Braid Logistics (UK) ("Braid UK"), part of Braid Group Holdings Limited ("Braid"), will pay £2.2 million under a civil settlement reached with Scotland's prosecution service...
PCI SSC Releases Version 3.2 of Data Security Standard  
Ropes & Gray LLP

On April 28, 2016, the Payment Card Industry Security Standards Council (the "PCI SSC" or "Council") released a new version of its Data Security Standard ("PCI DSS"), version 3.2.
Financial Consulting Executive Pleads Guilty To Paying $3.5 Million In Bribes To Development Bank 
Akin Gump Strauss Hauer & Feld LLP

On April 20, 2016, the Department of Justice (DOJ) announced that the former owner and president of Chestnut Consulting Group Inc., Dmitrij Harder, has pled guilty to two counts of violating the Foreign Corrupt Practices Act...
Final Judgments Entered Against Seven Former DAP Employees; Four Ordered To Pay 
Akin Gump Strauss Hauer & Feld LLP

The Securities and Exchange Commission (SEC) announced earlier this month that on April 6 and 7, 2016, the Southern District of New York entered final judgments against seven former employees of Direct Access Partners...
All Change In Public And Private Sector Contracting? 
Arthur Cox

A mere 4 months into 2016 and it has already been a year of change for construction contracting in Ireland both in the private and public sector.
FTC Clamps Down on Nationwide Deceptive Marketing Campaign 
Klein Moynihan Turco LLP

Last week, the Federal Trade Commission ("FTC") filed suit against several related companies in connection with a nationwide campaign of deceptive magazine and newspaper marketing and solicitation practices.
Des examinateurs européens en ville (Conference) 
Norton Rose Fulbright Canada LLP

Les praticiens en brevet sont souvent frustrés par l'Office européen des brevets, à cause de différences fondamentales importantes entre le droit des brevets nord-américain et celui européen.
Doing Business In Africa: The Benefits Of Offshore 

Harneys has for many years worked together with many of the leading law firms in Africa as well as law firms outside of Africa advising on Africa focused transactions.
Extension Of Compliance Period Under The Anti-Money Laundering Regulations 2008 

On 1 January 2016 (the Effective Date), the [BVI] Anti-money Laundering (Amendment) Regulations 2015 (the Amendment Regulations) came into effect, amending the Anti-Money Laundering Regulations 2008.
Supreme Court Continues Focus On IP 
Morrison & Foerster LLP

Here we go again: The United States Supreme Court today decided to review two more intellectual property cases.
Structured Thoughts: News For The Financial Services Community, Volume 7, Issue 5 
Morrison & Foerster LLP

In a prior issue of this publication, we wrote about electronic structured note issuance platforms, and how these might be affected by U.S. securities regulations.
Article 19 - The Tax Challenges Of The Digital Economy 
ACT Consultus Limited

The digitization of the economy has facilitated the ability of businesses to acquire a wide range of services and intangibles from suppliers around the world and to structure their operations...
Des Evolutions Et Des Nouveautés Concernant Les Administrateurs 
Field Fisher

Plusieurs nouveautés sont à pointer s'agissant des activités d'administrateurs. Le Centre belge du droit des sociétés a ainsi émis des recommandations en vue, notamment, de la simplification...
Fort McMurray Fires – Alberta Strong 
Moodys Gartner Tax Law LLP

This morning, Albertans woke up to an assessment of the damage that has been inflicted on the city of Fort McMurray.
The New Double Taxation Agreement Between Cyprus And Ethiopia 
Andreas Neocleous & Co LLC

On December 30, 2015 Cyprus and Ethiopia signed a new double taxation agreement. Like all of Cyprus's recent DTAs it closely follows the 2010 OECD Model Tax Convention.
District Court Applies Mayo To Treatment Claims But Denies Motion To Dismiss BMS Keytruda Litigation 
Foley & Lardner

The U.S. District Court for the District of Delaware accepted Merck's arguments that method of treatment patents asserted by BMS against its Keytruda product...

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