Mondaq Most Recent Articles-Monday, August 21, 2017

Residential Focus - 16 August 2017 - Part 2 Holding Redlich The newsletter includes links to recent media releases, reports, cases and legislation relating to residential property.	Residential Focus - 16 August 2017 - Part 1: Appeal from a transfer order Holding Redlich To avoid controversy, it may be preferable to apply to amend an application before or as part of a transfer application.
Planning & Environment News – 15 August 2017 Holding Redlich This newsletter includes links to media releases, reports, cases and legislation relating to planning & the environment.	Immigration News – 14 August 2017 Holding Redlich This newsletter includes summaries and links to recent legislation relating to immigration issues in Australia.
Construction & Infrastructure News – 14 August 2017 Holding Redlich This newsletter has links to media releases, reports, cases and legislation relating to construction and infrastructure.	Competition & Consumer Law News – 15 August 2017 Holding Redlich This newsletter has links to media releases, reports and cases relating to competition and consumer law in Australia.
The new Corrupting Benefits legislation – what does it mean for employers? Holding Redlich All employers involved in enterprise bargaining must consider disclosing prescribed financial benefits to employees.	Lessons learned and messages received: the ACCC seeks more information in informal merger clearances Clayton Utz Merger parties involved in complex transactions should anticipate more rigorous substantive reviews before the ACCC.
Fake And Consequences: Weathering The Reputational Risks And Financial Fallout Of "News" That Abuses Pillsbury Winthrop Shaw Pittman LLP In today's political climate, the phrase "fake news" gets bandied about quite a bit.	The Past, Present, And Future Of Government Regulation Of Off-Label Communications – Part 4 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Picking up from my last installment of this series exploring the regulatory history of off-label communication, this post highlights some recent trends in FDA enforcement and guidance related to off-label promotion.
Next Generation of Patient Care: Balancing Digital Engagement with Patient and Consumer Privacy McDermott Will & Emery Health industry regulators are struggling with how to apply the existing privacy regulatory regime, and the permitted uses and disclosures for which they provide, in this new world of healthcare innovation	THE LATEST: Online Retailer Pleads Guilty in Conspiracy Effectuated Through Social Media McDermott Will & Emery •On Tuesday, August 7, online retailer Zaappaaz Inc. and its twenty-nine-year-old president and founder, Azim Makanojiya, agreed to plead guilty for conspiring to fix the prices of "customized promotional products" such as silicone wristbands and lanyards.
Coal Mine Fined $4.5 Million For Provincial And Federal Offences Siskinds LLP A coal mining company was fined approximately $4.5 million in federal and provincial penalties as a result of a spill from its tailings pond into tributaries flowing into the Athabasca River in Alberta.	Total Eclipse At The Job: You Need This Advice More Than Ever Fisher Phillips LLP Next week, many Americans will witness a truly astronomical phenomenon: a total solar eclipse will sweep across the country on Monday, August 21.
An Unmapped Spanish Golden Mile: The "Indication Of Geographical Origin" Trademark Prohibition Foley Hoag LLP In 2009, LA MILLA DE ORO was registered as a trademark in Spain with respect to, of course, wines.	Experienced Tanker Truck Driver Had Right To Refuse To Drive Refrigeration Truck Without Additional Training, OHS Appeals Tribunal Rules Dentons A trucking company should have offered a tanker truck driver fresh training before asking him to pull a 53′ refrigerated trailer...
Expect The Unexpected: Preparing For An OSHA Inspection Foley & Lardner Automotive companies are keenly aware of their responsibility for knowing the safety standards applicable to their businesses.	Sharing Is Caring – Or Is It? Miller Thomson LLP A recent report authored by the Insurance Institute of Canada concludes that the sharing economy will only increase in size and influence.
Department of Finance Launches Second Round of Consultations on Reform of Federal Financial Institution Statutes Borden Ladner Gervais LLP The Canadian Department of Finance ("Department") has released a paper entitled Potential Policy Measures to Support a Strong and Growing Economy: Positioning Canada's Financial Sector for the Future ("Paper"). The Paper launches the second stage of the renewal of Canada's federal financial institutions statutes.	Cautious Use of Rule 2.1 Against Vexatious Claims in Khan v. Krylov & Company LLP Borden Ladner Gervais LLP In the recent case Khan v. Krylov & Company, 2017 ONCA 625 ("Khan"), the Ontario Court of Appeal revisited the principles to be considered by a Court when exercising its authority pursuant to Rule 2.1.01 of the Rules of Civil Procedure to stay or dismiss an action that is found to be patently frivolous, vexatious or an abuse of process, reaffirming that such relief will be granted only in the clearest of cases.
Do I Hear an Eco? OSC Approach to Share Issuances in Proxy Fight Echoes the Approach in Take-overs Borden Ladner Gervais LLP On June 16, 2017, the Ontario Securities Commission ("OSC") released its Reasons for Decision in the Re Eco Oro Minerals Corp. case (the "Decision").	Canadian Government Tables Bail-In Regulations Borden Ladner Gervais LLP The Canadian government is now seeking to fully implement a bail-in regime in Canada through three proposed regulations
A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond Proskauer Rose LLP Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security.	AT&T's GO PHONE Trademark Registration Saved By Roaming Services Offered In Canada Bennett Jones LLP A recent decision involving an AT&T trademark demonstrates how the global reach of technology businesses can sometimes result in a blurring of markets...
Join Our Next Inside Immigration Webinar August 31, 2017 at Noon EST Green and Spiegel LLP Join Our Next Inside Immigration Webinar August 31, 2017 at Noon EST Inside Immigration features Green and Spiegel's immigration lawyers covering a broad range of topics in immigration law, including: Recent developments; Trends in immigration law; Expert insight.	Emeryville, California Adopts Rules Implementing Its Minimum Wage, Paid Sick Leave, And Hospitality Service Charge Ordinance Littler Mendelson A little over two years after Emeryville, California's Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance took effect on July 2, 2015, the City Manager adopted implementing regulations.
Nevada Modernizes Gaming Manufacturer's Statutes Dickinson Wright PLLC Nevada has one of the oldest and most developed bodies of gaming law and regulation in the world.	What businesses need to know about the proposed Modern Slavery Act in Australia Norton Rose Fulbright Australia Large businesses in Australia will be required to report annually on their actions to address forms of 'modern slavery'.
Trusts Bill - long gestation, for good reason Chapman Tripp Trust law is hard to get right because of the need for flexibility.	Balancing act: fast growth, long-term ROI and the price tag of misconduct Norton Rose Fulbright Australia Consumers and activist investors alike are concerned with the behaviour displayed by large organisations.
Health and safety liability risks in earthquake-prone building regime Chapman Tripp The new earthquake-prone building regime carries potentially serious health and safety implications.	MTC Marketplace Seller Voluntary Disclosure Initiative Underway McDermott Will & Emery Yesterday, the application period opened for the limited-time MTC Marketplace Seller Voluntary Disclosure Initiative opened and it will close October 17, 2017.
Ontario Immigrant Nominee Program (OINP) Launches Employer Job Offer In-Demand Skills Stream Green and Spiegel LLP On August 16, 2017, the Ontario Immigrant Nominee Program (OINP) launched a new pilot for workers in high demand occupations with job offers in Ontario.	Wellmark's Iowa ACA Exchange Exit Prompts Civil Rights Complaint Day Pitney LLP An August 17 article in Bloomberg BNA's Privacy Law Watch and other publications, "Wellmark's Iowa ACA Exchange Exit Prompts Civil Rights Complaint," discussed an administrative complaint filed with the Department of Health and Human Services' Office for Civil Rights (OCR) by three groups representing hemophiliacs. Day Pitney's Eric Fader was quoted in the article.
The Eclipse Will Test Utilities' Solar Grid Integration Lewis Roca Rothgerber Christie LLP On Monday, August 21, 2017, a total solar eclipse will sweep across the continental United States from Oregon to South Carolina.	Here's What to Watch for Next in AM Translator Process Womble Carlyle In the FCC's most recent translator application window, more than 1,000 Class C and D AM stations applied.
This Week's Florida Appeals: Week of August 14-18, 2017 Carlton Fields A round-up of this week's appeals in Florida - week of August 14-18, 2017	AM Revitalization: The 800 Pound Gorilla is Still in the Closet Womble Carlyle While the FCC has taken some steps toward AM radio revitalization, including the current FM translator window, Womble Carlyle Telecom attorney Gregg Skall said bolder steps are needed to help the AM industry.
Single Use Of Racial Slur Sufficient To Assert Harassment Claim Barnes & Thornburg In a recent decision, the U.S. Court of Appeals for the Third Circuit held that a single use of a derogatory term can sustain a workplace harassment claim.	First-Time Home Buyers: Closing Costs 101 (Part 3 Of 3) The Ross Firm Over the last two weeks, we've been looking at the various closing costs that first-time home buyers face in addition to the down payment.
D.C. Circuit Concludes Heightened Risk Of Future Identity Theft Enough For Standing In Data Breach Class Action Fisher Phillips LLP Much to the dismay of companies, on August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit made it easier for plaintiffs, and their attorneys, to bring class action data breach cases.	Illinois Court Upholds Cook County's Beverage Tax Finding It Passes Constitutional Muster And Related Developments McDermott Will & Emery On July 28, Circuit Judge Daniel Kubasiak dismissed the Complaint filed by the Illinois Retail Merchants Association and a group of retailers challenging the constitutionality of the Cook County, Illinois Sweetened Beverage Tax.
The Self-Driving Turtle Wins The Race: Managing The Privacy And Security Of Fast-Paced IoT Innovation Fenwick & West LLP For today's companies, navigating new paths to growth in the complex and evolving internet of things landscape requires innovative thinking and practical counsel.	TTAB Rejects Shape Of Printed Label As A Phantom Mark Wolf, Greenfield & Sacks, P.C. The Board affirmed a refusal to register, on the Supplemental Register, the product configuration mark shown below, for "printed paper labels; paper identification tags; printed paper labels; adhesive labels"...
How To Launch An Employment Discrimination, Harassment, Diversity Or Affirmative Action Initiative On A Global Scale Littler Mendelson As American-headquartered multinationals align an ever-increasing list of human resources policies and "offerings" internationally, cross-border efforts at promoting workplace fairness have become increasingly vital, but also increasingly complex.	HMRC Is Taking Action After The Rangers EBT Ruling: Issues Facing Trustees Ogier HMRC have already begun to issue enforcement notices to sponsoring employers for the payment of tax and National Insurance (NIC) liabilities in respect of employee benefit trusts (EBTs) on the basis that the arrangements facilitated forms of disguised remuneration to employees.
Changing Pension Arrangements - Extrinsic Contracts - Pensions In 30 Podcasts, Episode 19 Gowling WLG An extrinsic contract in relation to a pension scheme is an agreement between a member of the scheme and their employer that the member will receive benefits different to those set out in the scheme rules.	The Guernsey Register of Beneficial Ownership - What You Need To Know Ogier The Beneficial Ownership of Legal Persons (Guernsey) Law, 2017 (the Law) finally received Royal Assent on 25 July 2017 and is scheduled to come into force on 15 August 2017.
A Dispute Resolution Process in Contracts Kirkpatrick Law PC The subject matter in technology can change so quickly that the technology laws have recently attempted to create frameworks to resolve problems rather than creating specific rules that could become obsolete.	California DFEH's New Transgender Regulations Go Into Effect Dentons The new regulations enforce FEHA's prohibition against job applicant and/or employee discrimination based wholly or in part on an individual's sex, gender, gender identity or gender expression...
Securities Regulators Provide Enhanced Guidance On Material Conflict Of Interest Transactions Dentons Securities regulatory authorities in each of Ontario, Québec, Alberta, Manitoba, and New Brunswick published a notice setting out the recent experiences and approach of Staff in Ontario and Québec in reviewing insider bids, issuer bids, business combinations and related party transactions...	Fifth Circuit Reiterates That A Seaman Under FLSA Is Not Equivalent To A Jones Act Seaman And Reviews Whether Remotely Operated Vehicle Technicians Onboard Vessels Fall Within The FLSA's Seaman Exemption Lewis Brisbois Bisgaard & Smith LLP The Fifth Circuit issued on opinion reiterating that a "seaman" under the Federal Labor Standards Act (FLSA) is not equivalent to a Jones Act seaman, and decided an issue of first impression – whether remotely operated vehicle (ROV) technicians are seaman under the FLSA.
OSFI Suspends Compliance Expectations Against Use Of "Bank Words" By Credit Unions, And Solicits Consultation Bennett Jones LLP Provincially-regulated credit unions that use "bank words" to describe products or services will be relieved to hear that the OSFI has "suspended" the compliance expectations set out in the OSFI directive that we reported on in July.	Fast Tracking Patent Applications In China - New Measures In Force August 1, 2017 Bereskin & Parr LLP Effective 1 August 2017, new options to fast track Chinese patent cases are available under China's State Intellectual Property Office (SIPO) Administrative Measures for Prioritized Examination of Patent Applications.
Digital Currency Exchanges To Be Subject To Tighter Anti-Money Laundering Regulation In Australia Pinsent Masons LLP Digital currency exchanges will be subject to tighter anti-money laundering (AML) regulation in Australia, under new proposals put forward by the country's coalition government.	Saadati v Moorhead: Expert Medical Evidence is Not Required To Successfully Claim Damages for Mental Injury McMillan LLP The recent Supreme Court of Canada decision in Saadati v Moorhead, 2017 SCC 28 will have important implications for employees looking to claim damages for mental injury against their employers.
National ID Numbers Required For International Passport Applications From 2018 PwC Nigeria The Comptroller General (CG) of the NIS, Mr. Mohammed Babandede, cited the harmonisation of data and ease of business in Nigeria as the reasons for this directive.	Three Birds With One Stone: New Russia, North Korea And Iran Sanctions Pillsbury Winthrop Shaw Pittman LLP On August 2, 2017, President Trump signed into law the Countering America's Adversaries Through Sanctions Act (CAATSA), which strengthened U.S. sanctions on Russia, North Korea and Iran
The Seventh Circuit Finds No Standing In FCRA Case Based On Job Application Credit Reports Fenwick & West LLP The U.S. Court of Appeals for the Seventh Circuit held that allegations that prospective employers obtained consumer reports in technical violation of the Fair Credit Reporting Act by themselves...	Mitigation Income: What's In And What's Out? Cox & Palmer Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof.
Supreme Court To Review Digital Privacy (Part 1) Miles & Stockbridge In 1986, Congress passed an obscure statute called the Stored Communications Act that has become much more relevant 30 years later.	In Brief: Second Circuit Reaffirms Broad Scope Of Bankruptcy Code's Subordination Of Shareholder Claims Jones Day Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
From The Top In Brief - July/August 2017 Jones Day The FDCPA prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt."	Reglamentación sobre Intercambio Automático de Información Bancaria conforme a la ley 19.484 Galante & Martins La Ley 19.484 publicada en el Diario Oficial el 5 de enero de 2017 establece una serie de condiciones cuyo cumplimiento tiene por objetivo alcanzar los estándares internacionales...
DOL Issues Additional Fiduciary Rule Transition FAQs Morgan Lewis The Department of Labor ties up a few loose ends with FAQS regarding the fiduciary rule.	Tax Talk: Volume 10, No. 2 August 2017 Morrison & Foerster LLP With the failure of health care legislation to "repeal and replace" the Affordable Care Act, eyes in Washington, D.C. are now turning to tax reform. Since Congress plans to take August off...
Manitoba Immigration Draw: Nearly 450 Invitations Issued Immigration.ca August 18, 2017 - The Manitoba Nominee Program issued 443 Invitations to Apply for Manitoba immigration in its latest draw.	Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition Jackson Lewis P.C. This is a case of first impression that may have potentially sweeping implications for state law and the federal Controlled Substances Act.
Capital Markets Board Re-Declares Binary Options Out Of Its Jurisdiction Eryurekli Law Office On August 11, 2017, Capital Markets Board of Turkey (the "CMB") announced via its bulletin that binary options and other transactions having similar nature are not within the jurisdiction of CMB.	FCA Comments On The Extraterritorial Effect Of MiFID II K&L Gates In a letter to the AIMA made available to AIMA members on Monday, August 7, the FCA responded to a request from AIMA seeking interpretation and guidance on MiFID II requirements...
Gainful Employment Rule Alternate Earnings Appeal: New Deadlines And Process Announced Duane Morris LLP On August 17, 2017, the U.S. Department of Education announced changes to the gainful employment (GE) rule's alternate earnings deadlines and appeal process.	The Future Of LIBOR McCarthy Tétrault LLP Andrew Bailey, the Chief Executive of the UKs FCA, gave a speech to Bloomberg London entitled 'The Future of LIBOR' in which he questioned the sustainability of LIBOR as an interest rate reference rate.
Reporting Of Advance Crossborder Rulings Elias Neocleous & Co LLC In order to ensure compliance with EU Directive 2015/2376/EU amending EU Directive 2011/16/EU on the compulsory automatic exchange of information in the field of taxation –	Top Five Labor Law Developments For July 2017 Jackson Lewis P.C. 1.The U.S. Senate narrowly confirmed Marvin Kaplan to one of two vacant seats on the National Labor Relations Board on August 2, 2017.
Workplace Wrap - Autumn/Winter 2017 K&L Gates Workplace Wrap is our magazine covering the core areas of Australian workplace law: industrial relations, employment, equal employment opportunity and workplace health and safety.	FAA – Federal Pre-Emption And Aircraft Certification: You Have To Read This Opinion!! Dentons In 2016, the United States Court of Appeals for the Third Circuit reversed, finding that the certification process does not automatically preempt the entire field of safe design.
Best Of Both Worlds: Can You Have A Trade Secret And Patent It Later Too? Volpe and Koenig, P.C. In 1886, Dr. John Pemberton created the formula for Coca-Cola.	SEC Warns That Initial Coin Offerings Could Be Subject to U.S. Securities Laws Fasken Martineau On July 25, 2017, the U.S. Securities and Exchange Commission (SEC) issued a Report of Investigation (Report) following its investigation of The DOA and the sale of DOA tokens warning....
Russian Businessman Living And Working In Russia Held To Be Domiciled In England For Court Jurisdictional Purposes Withers LLP In a decision handed down on Friday 28 July 2017, the English High Court has found that a Russian businessman whose wife and children live in London (at least during the school term-time), and ...	"Take-Private" Transactions: The Cayman Islands Merger Regime Carey Olsen With the recent establishment of Carey Olsen's offices in Hong Kong and Singapore, we have prepared this article reviewing the Cayman Islands merger regime...
Tracking The Importance Of Recusals In Criminal Cases - Part 2 (California Supreme Court Review) Sedgwick LLP Yesterday, we began our review of the Court's experience with recusals in criminal cases since 1994. Today, we review the second half of the data.	President Trump Names New FERC Chair Cadwalader, Wickersham & Taft LLP President Donald J. Trump named Neil Chatterjee as Chair of the Federal Energy Regulatory Commission ("FERC").
Can Procurement Law Slow Down Data Breach Response? A Closer Look. Foley Hoag LLP What happens when state and local governments respond to significant data breaches?	Obtain Cyprus Tax Residency By Staying In Cyprus 60 Days Per Year AGP Law Firm \| A.G. Paphitis & Co. LLC On Friday, July 14, the Parliament of Cyprus approved a bill granting tax resident status to individuals that spend at least 60 days in Cyprus per year, under certain conditions.
CFTC Grants Relief On Certain Position Aggregation Requirements Cadwalader, Wickersham & Taft LLP The CFTC Division of Market Oversight ("DMO") granted time-limited no-action relief to market participants from certain exemption and notice-filing requirements related to the aggregation of positions.	Brexit - Legal Implications McDermott Will & Emery In our latest Special Report, we have briefly outlined some of the main legal implications of Brexit according to different models, including the EEA model.
SEC Issues Report On Access To Capital And Market Liquidity Cadwalader, Wickersham & Taft LLP The SEC Division of Economic and Risk Analysis ("DERA") issued a report on how Dodd-Frank and other financial regulations have impacted (i) access to capital and (ii) market liquidity.	Project Finance And Project-Related Corporate Loans Environmental Impact: Equator Principles Roca Junyent Abogados In our days, large industrial and infrastructure projects may have adverse impact on the environment, as well as on people in general, and, in particular, among other things...
Digging In Its Heels: Disputing The DOJ's Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration Agreements Violate Employee Rights Under The NLRA BakerHostetler On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may determine the future validity of individual arbitration...	The AIFMD And Fund Distribution In The EU GANADO Advocates The Alternative Investment Fund Managers Directive was introduced in 2013. The aim of the Directive is to regulate the provision of fund management services by fund managers to alternative investment funds.
Important Amendments To The Law On Free Access To Information Schoenherr Attorneys at Law On 27 April 2017 the Montenegrin Parliament passed the government's proposal to amend the Law on Free Access to Information.	Government Of Ontario Issues Financial Services Report Following Red Tape Challenge: Implications For Fintechs McCarthy Tétrault LLP On August 9, 2017, the Government of Ontario released its report on financial services following the Red Tape Challenge.
OCC Opens The Debate On Volcker Rule Reform Arnold & Porter Kaye Scholer LLP On Aug. 1, 2017, the Office of the Comptroller of the Currency issued an advance notice of proposed rulemaking that represents the first concrete step toward reform of the regulations that implement the "Volcker Rule," ...	Beneficial Ownership Register In Guernsey: An Overview Carey Olsen In line with developing international standards in transparency and law enforcement, Guernsey has introduced a centralised register of the beneficial ownership of Guernsey legal persons.
Biosimilar Approvals Under Debate In India Remfry & Sagar Trastuzumab - a breast cancer drug manufactured by Roche and Genentech Inc., is imported and marketed in India by Roche Products (India) Private Limited under the brand names Herceptin, Herclon and Biceltis.	DOL Proposes To Delay Full Applicability Of Fiduciary Rule Cadwalader, Wickersham & Taft LLP On August 9, 2017, the U.S. Department of Labor ("DOL") submitted a proposal to the Office of Management and Budget ("OMB")...
Union Corruption: UAW And Auto Manufacturer Officials Allegedly Embezzled Millions In Union-Member Funds Barnes & Thornburg Union corruption probes, unfortunately, continue to make headlines.	Sale Of ETFs – Proficiency Standards Approved Fasken Martineau Last month, provincial securities regulators approved Policy No. 8 (Policy) of The Mutual Fund Dealers Association of Canada (MFDA).
Reviewing The Pensions Paradigm: A Disruptive Opportunity? (Part 2) GANADO Advocates As the dust has finally settled in the electoral arena, and the victors have taken their places at the helm of the country, the obvious question remains: what's next for pensions?	IRS And States Crack Down On POS Systems: Zapper Software Bowditch & Dewey A good point of sale ("POS") system is critical for any business engaged in sales to the public and having one in place goes a long way to ensuring that revenue and profits are being reported...