Mondaq Most Recent Articles-19 May 2013

Berkline/BenchCraft Plan Administrator Files Preference Actions Fox Rothschild LLP On April 24, 2013, Robert S. Bernstein, Plan Administrator for the Berkline/BenchCraft bankruptcy estates, began filing complaints with the Delaware Bankruptcy Court seeking to recover what he contends are preferential transfers.	Back To The Future For Damages – In California, Future Damages Must Relate Back To Past Paid (Not Billed) Medical Charges Duane Morris LLP In Corenbaum v. Lampkin, --- Cal.Rptr.3d ----, 2013 WL 1801996 (Cal.App. 2 Dist.), the court made it clear that when calculating damages in a personal injury lawsuit, the projected value of future medical services must be based upon the amount paid.
"Beauty Lies In Diversity" Says Disabled Employee With One Arm Whose Covering Sweater Violated "Look Policy" Fox Rothschild LLP Employers should embrace this mantra - "Beauty Lies In Diversity," and not run from it.	Recent Pennsylvania Superior Court Decision Highlights Importance Of Objections To Preserving Issues For Appellate Review Schnader Harrison Segal & Lewis LLP The Superior Court recently held that an attorney’s failure to make timely or effective objections to the composition of a jury prevented a trial court from vacating a judgment and granting a mistrial.
D.C. Circuit Rules NLRB Notice-Posting Requirement Invalid Morgan Lewis Notice Rule remains inoperative as court holds that it conflicts with NLRA's statutory language.	New Whistleblower Bounty Law On The Horizon In NY? Proskauer Rose LLP On March 22, 2013, the New York State Senate introduced the S4362 Proposal.
California Employment Law Notes - May 2013 Proskauer Rose LLP Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry.	ACCC takes first enforcement action under "Unfair Contract" laws in the Australian Consumer Law Swaab Attorneys The ACCC took enforcement action against standard form consumer contract terms which were unfair and unenforceable.
United States Court of Appeals Invalidates Union Posting Rule Day Pitney LLP On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit struck down the National Labor Relations Board ("NLRB") rule that would require employers to display posters about workers’ rights to engage in concerted activity.	Court of Appeal Dismisses Canadian Franchise Association’s Motion to Intervene in the Dunkin’ Donuts Matter Fasken Martineau The decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin' Brand Canada Ltd. ("Dunkin' Brands"), was appealed by Dunkin' Brands on July 23, 2012.
Resource Nationalism And Its Impact On Infrastructure Projects Reed Smith The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of "resource nationalism" with resource-rich host states seeking greater control or a larger share of the revenue generated from its resources.	Federal Statute Precluding Enforcement of Arbitration Clauses in Motor Vehicle Franchise Contracts Inapplicable to Snowmobile, ATV Dealer Agreements Day Pitney LLP Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements.
No Cure Opportunity Required Where Auto Dealer's Breach Is Incurable Day Pitney LLP Many state motor vehicle dealer statutes require that franchisors provide dealers with an opportunity to cure contractual breaches prior to implementing terminations.	Appeals Court Upholds FERC's ROE Approach Day Pitney LLP On May 10, the U.S. Court of Appeals for the District of Columbia Circuit rejected Southern California Edison's challenge to the Federal Energy Regulatory Commission's (FERC's or Commission's) setting the company's base return on equity (ROE) for three transmission projects using the median, rather than the midpoint, of a zone of reasonableness.
Canadian Competition Bureau's New Approach to Upstream Oil and Gas Mergers Norton Rose Canada LLP On May 10, 2013, the senior deputy commissioner at the Mergers Branch of the Competition Bureau (the Bureau) announced that the Bureau is changing its information requirements for merger transactions involving the upstream sector of the Canadian oil and gas industry.	Health and Safety Trumps Employee’s Seniority Norton Rose Canada LLP In a recent decision, an Ontario arbitrator has upheld the dismissal of a grievor with 37 years of service for repeated violations of the company’s health and safety rules and policies.
District Court Limits The Collection Of Withdrawal Liability Against Private Equity Funds Proskauer Rose LLP Since the enactment of the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), employers that withdraw from a multiemployer plan have been required to pay their share of the pension plan's unfunded liabilities, i.e., an employer's withdrawal liability.	Marketplace Fairness Act Of 2013 Passes United States Senate Duane Morris LLP On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27.
Forms of investment in Vietnam ANT Lawyers According to the Vietnam Law on Investment, foreign investors can invest in Vietnam via direct and indirect investment.	Update on aviation law in Vietnam ANT Lawyers The Government issued Decree No. 30/2013/ND-CP to update law on business air transport and general aviation operations.
Unfair contract terms protection is extended to general insurance contracts Corrs Chambers Westgarth Companies should implement amendments to contracts and update compliance materials, to comply with the new regime.	Residential premises and commercial residential premises - ATO releases final GST rulings Norton Rose Australia The classification of premises as either RP or CRP for GST purposes has long been an area of unnecessary complexity.
Can’t agree on loss of bargain? Simply apply a "congeries of provisions" Norton Rose Australia In the negotiation of complex agreements, clauses providing for agreed damages on termination can be a sticking point.	Beware the material effect of amending a plan of subdivision Norton Rose Australia This recent decision provides some guidance as to the basis on which a purchaser may rescind an 'off-the-plan' contract.
Victorian Government reforms PPP Policy to support Infrastructure Growth K&L Gates The Policy encourages private sector investment in infrastructure by providing an alternative to full private finance.	Continuous Disclosure to the ASX – What to Say and When? K&L Gates Continuous disclosure is again attracting attention with recent amendments to the Listing Rules and a new Guidance Note.
PPSA model clauses for a general security agreement (GSA) Norton Rose Australia These PPSA model clauses by 5 law firms set out suggested clauses and definitions for certain core provisions of a GSA.	Budget 2013 – functional, not flashy Chapman Tripp The fiscal and economic outlook in NZ is steadier and the Treasury has managed a skinny forecast surplus in 2014/15.
Fame of Purex Mark Counts against it in New Zealand Trade Mark Opposition Corrs Chambers Westgarth The fact that Pepscanz' PUREX mark is well known in New Zealand was held against it in this recent opposition decision.	A fairer fire levy in Victoria? not so for commercial property owners and their tenants Corrs Chambers Westgarth The levy could be costly for owners of large commercial and industrial buildings, and for tenants liable for outgoings.