Mondaq Latest Added Articles

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EB-5 Program—No Guarantees for the Coveted US Green Card 
Investment Immigration

Introduced to attract foreign investment and facilitate job creation in the US economy, the US EB-5 program has become a popular immigration option for affluent investors intending to secure permanent residence in the USA. Recently, US Congress extended the program until September 30, 2016. Here are some misconceptions about the program.
Take Two: Aggregate Damages Award Upheld At Ontario Court Of Appeal 
Osler, Hoskin & Harcourt LLP

In our previous blog post in 2014, we had reported the Ontario Superior Court in Ramdath v George Brown College had granted the first award of aggregate damages following a common issues trial in 2014.
Schwilgin v. Szivy: Costs May Be Inadequate Compensation For Prejudice On A Motion For An Extension Of Time 
Osler, Hoskin & Harcourt LLP

In Schwilgin v. Szivy, the Ontario Court of Appeal dismissed a self-represented litigant's request for an extension of time to file a notice of appeal, after the litigant incorrectly had appealed an order to the Divisional Court.
A Treaty, Not Local Law, Likely Governs A Dispute Arising Out Of The Sale Of Goods Internationally 
Dentons (US)

In 1988, the United States and 10 other countries ratified the United Nations Convention on Contracts for the International Sale of Goods (CISG), which is sometimes referred to as the Vienna Convention.
Briefing For The Big Bucks: CRST Asks U.S. Supreme Court For Attorneys' Fees From The EEOC 
Seyfarth Shaw LLP

We have been tracking the developments in this case since its inception. Now it has reached the U.S. Supreme Court on the issue of whether attorneys' fees are appropriate...
Fanshawe College v AU Optronics: Whether An Order Dismissing A Motion For Summary Judgement Is A Final Or Interlocutory Order 
Osler, Hoskin & Harcourt LLP

The recent decision of the Ontario Court of Appeal in Fanshawe College of Applied Arts and Technology v AU Optronics Corporation, 2015 ONCA 808, dealt with a motion to quash an appeal.
EEOC Proposes Expansive Enforcement Guidance For Retaliation Claims 
Proskauer Rose LLP

For the first time in nearly 20 years, the Equal Employment Opportunity Commission has issued proposed enforcement guidance regarding retaliation claims.
Debt Collection In Italy 
Giambrone Law ILP

If there is no agreement in place, then the European Central Bank interest rate, which is reviewed in January and July, increased by at least 8% points, is applied.
Legal Developments In Connected Car Arena Provide Glimpse Of Privacy And Data Security Regulation In Internet Of Things 

The connectivity necessary for providing the features offered by Connected Cars may pose privacy and security dangers and vulnerabilities.
Has The CRTC Opened The Door To Consolidation Among Canadian Independent Producers? 
Aird & Berlis LLP

In one of the CRTC's Let's Talk TV policy rulings, the CRTC determined to take a "big picture" view of the infrastructure of government support and private investment in the Canadian broadcasting sector.
IRS Provides Flexibility For Mid-Year Amendment Of Safe Harbor 401(k)/403(b) Plans 
Seyfarth Shaw LLP

On January 29, 2016, the IRS issued Notice 2016-16 (a copy can be found here), which provides much-needed guidance and flexibility for mid-year amendments to safe harbor plans.
FDA Places Ban On Import Of GE Salmon 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Reversing course from the end of 2015, FDA recently announced an import ban on genetically engineered salmon until such a time as comprehensive labeling guidelines are introduced.
Fourth Circuit Affirms Dismissal Of Claims That Loan In Excess Of Property Value Is Unconscionable Under The West Virginia Consumer Credit Protection Act 
Troutman Sanders LLP

On January 15, 2016, the Fourth Circuit issued a published decision affirming summary judgment to the defendant national bank on plaintiff's unconscionable contract claim under WVCCPA 46A-2-121.
Update On Physician-Assisted Death: Superior Court Issues Practice Direction With Requirements For Bringing An Application 
Borden Ladner Gervais LLP

Importantly, the Ontario Superior Court has further directed that the application must be served on the Attorney General for Canada and the Attorney General for Ontario.
CSA Publishes Revised Draft Segregation And Porting Rules For Customer Collateral In Cleared Derivatives 
Stikeman Elliott LLP

As part of a series of developments in the area of derivatives regulation, the Canadian Securities Administrators (CSA) proposed a rule, on January 21, 2016...
The Investigative Authority Of The New York Attorney General Is Not Without Its Limits 
Jones Day

Much press ink has been spilled announcing yet another investigation or enforcement action by the New York Attorney General.
ABA 2015 Canadian Public Target M&A Deal Points Study – Key Takeaways (Part 2)  
Norton Rose Fulbright Canada LLP

This week's post will highlight key takeaways with respect to deal protection provisions and remedies.
Alberta's Modernized Royalty Framework  
Stikeman Elliott LLP

On January 29, 2016 Alberta's NDP Government announced a summary of a Modernized Royalty Framework (MRF) that it intends to implement.
USPTO Concedes Federal Circuit's In Re Tam Ruling Also Invalidates Lanham Act's Scandalous And Immoral Ban 
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

The reverberations of last month's Federal Circuit decision in In re Tam, which ruled the Lanham Act's Section 2(a) ban on the registration of "disparaging" trademarks unconstitutional, are beginning to be felt.
Cyprus Tax Facts 2016 
Deloitte Cyprus

Cyprus tax facts has proven to be a useful tool for all businesses and individuals wishing to have up to date information on the tax environment in Cyprus.
Biosimilars And FDA Regulatory Webinar Recap  
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz Levin's Biosimilar webinar series continued this month with Linda Bentley and Joanne Hawana's Biosimilars FDA/Regulatory Overview presentation on the Biologics Price Competition and Innovation Act and its implementation.
IRS Allows Mid-Year Changes To Section 401(K) Safe Harbor Plans 
Herrick, Feinstein LLP

On January 29, 2016, the Internal Revenue Service issued Notice 2016-16 (the "Notice") which provides guidance on mid-year changes to safe harbor plans under Section 401(k) of the Internal Revenue Code.
Striking Out Unjust Enrichment Claims Under s. 8 For Good - The Supreme Court Of Canada Denies Leave To Appeal  
Bereskin & Parr LLP

On January 24, 2016, the Supreme Court of Canada dismissed Apotex's application for leave to appeal from the Ontario Court of Appeal in Apotex Inc v Eli Lilly and Company, 2015 ONCA 305...
EU Privacy Regulators: Newly Announced "Privacy Shield" Not A Safe Harbor Yet 
Littler Mendelson

In its Statement, the Working Party sent an unequivocal reminder that U.S. multinational employers can no longer rely on the Safe Harbor to legitimize the transfer of EU employees' personal data to the United States.
Vacant Spaces: Challenges In The Economic Climate 
WeirFoulds LLP

In the challenges facing landlords in the current economic and market conditions, the municipal tax treatment of vacant space is not to be forgotten as some relief available for the carrying costs of vacant space.
The Impact Of Competition Law On Aviation Industry 
Serap Zuvin Law Offices

Competition law is an area of law that seeks to maintain the competition in the market. The aim of competition law and Turkish Competition Authority ("Authority") accordingly is to prevent agreements, decisions and practices preventing, distorting or restricting competition in the market.
Cuban Relations With The United States: Further Amendments To Export And Travel Policy 
Reed Smith

In keeping with the continued efforts of the White House to re-establish diplomatic relations with Cuba, the United States recently modified its stance on travel to Cuba and eased certain export restrictions.
The UK Energy Bill 2016 - Update 5 
Clyde & Co

In this series of updates, we examine the UK Energy Bill (the Bill) following the second Reading in the House of Commons which took place on 18 January 2016.
BAPCPA 10 Years Later: The Effectiveness And Necessity Of Bankruptcy Reforms Remain In Question 
Stoll Keenon Ogden PLLC

In April 2005, the Bankruptcy Abuse Prevention Consumer Protection Act ("BAPCPA") was signed into law, representing the most extensive revisions to the bankruptcy code in 35 years.
PSC Register: Government Response To Consultation 
Shearman & Sterling LLP

On 17 December 2015, BIS published the government's response to its consultation paper seeking views on the draft Register of People with Significant Control Regulations 2015.
New Disclosures Required In High-End Residential Real Estate Transactions In Manhattan And Miami  
Davies Ward Phillips & Vineberg

The Financial Crimes Enforcement Network (FinCen) of the U.S. Treasury Department has established a temporary program that requires new disclosures by title insurance companies.
What Amgen And Tackett Tell Us About ERISA Litigation Trend Lines 
Seyfarth Shaw LLP

Two recent Supreme Court decisions, and a recent Sixth Circuit analysis on remand from the Supreme Court, offer a roadmap of sorts on ERISA litigation.
PSC Register: Draft Non-Statutory Guidance For Companies 
Shearman & Sterling LLP

On 21 December 2015, the Department for Business, Innovation and Skills ("BIS") published draft non-statutory guidance for consultation on the requirement for companies to maintain a register...
China's "RoHS 2" Regulation: What Manufacturers Must Know  
Foley & Lardner

After years of deliberation and industry anticipation, China's Ministry of Industry and Information Technology ("MIIT") promulgated the "RoHS 2" regulation on January 21, 2016.
OSHA Issues New Whistleblower Investigations Manual 
Seyfarth Shaw LLP

Following through on its April 2015 "clarification" of the investigative standard in whistleblower matters, OSHA issued a new whistleblower investigations manual overnight restating the mission of its investigators.
Retiree Health Benefits Case Remanded To District Court For Additional Fact Finding 
Proskauer Rose LLP

Nearly a decade ago, a class of retirees sued their former employer's successor, M&G Polymers, after it announced that it would begin requiring the retirees to contribute toward their health benefits.
Are Renewables Diminishing The Appeal Of LNG?  
Clark Wilson LLP

A new report suggests that increased investment in Asia and Europe's renewable energy markets could reduce investments in LNG projects.
How To Straighten Out Your Jumbled Financial Records  
Applied Strategies Inc.,

Good budgeting helps "less be more" when it comes to monthly financial reporting.
The Insurance Distribution Directive Officially Published 
GANADO Advocates

The Insurance Distribution Directive ("IDD") was published on the Official Journal of the European Union ("OJ") on the 2nd February 2016.
Entrepreneur Magazine Awards Best And Worst Franchise Marketing Campaigns 
Fox Rothschild LLP

No surprise that social media campaigns – not traditional TV or print ads – dominated the winners circle.
Employers Not Obligated To Accommodate Personal Choices – Including Breastfeeding 
Roper Greyell LLP – Employment and Labour Lawyers

Public Service Labour Relations and Employment Board's (the "Board") decision that refusing an employee's request to telework fulltime so that she could continue to breastfeed her child was not discriminatory.
IRS Issues Guidance On Refunds Of Foreign Tax To RICs  
Grant Thornton LLP

A RIC is an association taxable as a corporation for federal income tax purposes. Many mutual funds are organized as RICs for tax purposes.
No VAT Exemption For Aspiro SA Claims Handling Services 
TMF Group

The EU Advocate General's opinion in relation to Polish company Aspiro SA may impact the practice of outsourcing claims handling by insurers.
Dazed And Confused: A Look At Medical Marijuana And Ontario Schools 
Bennett Jones LLP

As the Canadian medical marijuana industry continues to expand and evolve at a rapid pace, unintended gaps have begun to appear across a wide spectrum of legislation.
Ways And Means Committee Kicks Off New Session With Hearing On Pro-Growth Reform  
Grant Thornton LLP

The Committee on Ways and Means announced last week that its first hearing of the new year will focus on pro-growth tax policies.
NYC Passes Bill Targeting Grocery Industry 
Reed Smith

The New York City Council's targeted attacks on specific industries continue unabated. After levying onerous new labor law requirements on car washes this past summer, the Council recently turned its attention to the grocery industry.
IRS Outlines Procedures For Claiming 2015 Fuel Tax Credits  
Grant Thornton LLP

The alternative fuel mixture credit is not refundable, so taxpayers must amend a Form 720 with a Form 720X to use the credits to offset fuel tax liability.
Supreme Court Holds That Rejected Rule 68 Offer Of Judgment Does Not Moot Class Action  
Sheppard Mullin Richter & Hampton

On January 20, 2016, the United States Supreme Court rejected a strategy recently used by some defendants to defeat class actions in their infancy.
District Court Reiterates The Difference Between Adjustment And Assessment Of Tax  
Grant Thornton LLP

The IRS argued that such a restricted consent does not prevent the IRS from making adjustments to tax.
EU-US Privacy Shield: Agreement In Principle On Framework To Replace Safe Harbour 
McCarthy Tétrault LLP

Regular readers of this blog will be aware that, last fall, the Court of Justice of the European Union struck down the Safe Harbour framework which permitted the lawful transfer of personal information from the EU to the US...
S Corporation Cannot Take An Ordinary Worthless Stock Deduction  
Grant Thornton LLP

In general, Section 165(g)(1) provides for the recognition of a capital loss for any security that is a capital asset that becomes worthless.
2016 A Significant Year For Irish Companies 

From a corporate governance and compliance standpoint, 2016 will be a significant year for Irish companies.
Shipping Update – New Emission Control Areas In China 
GANADO Advocates

The Merchant Shipping Directorate has recently published Merchant Shipping Notice 126, drawing attention to the establishment of three emission control areas in the People's Republic of China, effective as from 1st January 2016.
Indirect Tax Ergo Newsletter - February 2016 
Khaitan & Co

The Director General of Foreign Trade has notified the procedure for modification or change in the branch office, head office or registered office which involves change in the Regional Authority.
Court Certifies Title VII Discrimination Case Based On Discretionary Decision-Making 
Seyfarth Shaw LLP

In Rollins, defendants were contractors for the Sound Transit "University Link" light-rail projects, which included making hiring and firing decisions for laborers the Union dispatched to the Project.
An Employer Mandate For Wellness 
Fox Rothschild LLP

A Wisconsin-based manufacturing firm was recently granted a summary judgment from the state in a case that was filed by the Equal Employment Opportunity Commission (EEOC).
IRS Rules On Implications For The Active Trade Or Business Requirements Of Section 355  
Grant Thornton LLP

The IRS recently ruled in a private letter ruling (PLR 201551009) on the implications of gain recognition under Section 751 in the context of a Section 355 spinoff.
IRS Releases 2015 Cumulative List Of Changes In Retirement Plan Qualification Requirements  
Grant Thornton LLP

The Cumulative List informs plan sponsors of requirements the IRS has specifically identified for review in determining whether Cycle A plans have been properly updated to reflect law changes.
Employers' Guide To The Ontario Retirement Pension Plan 
Dickinson Wright PLLC

The Ontario Retirement Pension Plan (the ORPP), will be a provincially-managed plan that, like the Canada Pension Plan, will be funded by equal co-contributions from both employers and employees.
Suggestion Of Control Not Enough For RPI Challenge; Nexus Matters For Commercial Success 
McDermott Will & Emery

The patent owner also cited the "tremendous commercial worldwide success" of both its own products and products sold by its licensees.
Weak And Redacted Evidence Fails To Carry The Day 
McDermott Will & Emery

The patent owner, Enova, attempted to rebut a claim of obviousness based on several secondary considerations, including industry praise, commercial success, copying and licensing.
What Happens On Remand Of A PTAB Inter Partes Review Decision From The Federal Circuit? 
McDermott Will & Emery

In the second final written decision, the PTAB concluded that the claims still were invalid under the more narrow constructions from the Federal Circuit, in some instances on obviousness grounds rather than for anticipation as initially found.
High Stakes Race Between Apple And VirnetX: Will PTAB Trump The Texas Jury's Award Of $326.5M?  
Foley & Lardner

A Texas jury today raised the stakes even higher in a race involving parallel proceedings between the PTAB and Texas district court when it found that Apple infringed the VirnetX patents and awarded to VirnetX $625.6M in damages.
Privacy Shield Replaces EU-US Data Transfer Agreement 
Withers LLP

The EU and US have agreed a new arrangement, labelled the 'Privacy Shield', to enable the transfer of data between both regions.
EU Nations Extend Electric Car Rebates, Consider New Ones  
Foley & Lardner

The UK has had in place a £5000 grant for purchasers of certain hybrid and electric vehicles, but the grant expires in March 2016.
PTAB: Action Involving License Agreement Does Not Grant Standing To File Petition For Covered Business Method Review 
Fox Rothschild LLP

A covered business method (CBM) review is a tool that the America Invents Act (AIA) created to allow entities charged with infringement of a CBM patent to challenge the patent's validity.
Downsizing And Firing Employees In California 

Most companies will eventually face the unpleasant task of terminating an employee or group of employees.
Asset Transferee Cannot Appeal Reexamination  
Foley & Lardner

Although Agilent was a transferee of relevant assets, it had not shown that it was the successor-in-interest to the original third-party requester.
The Supreme Court's Recent Confirmation that Yearsley Derivative Sovereign Immunity Extends Beyond Public Works Projects  
Reed Smith

On January 20, 2016, the Supreme Court clarified the scope of "Yearsley immunity" – a form of derivative sovereign immunity available to qualifying government contractors – in its decision in Campbell-Ewald Co. v. Gomez.
PTAB Decision Highlights The Importance Of Petitioners Filing Within 1 Year Of The Earliest Possible Date Of Service  
Reed Smith

It is well known that an Inter Partes Review (IPR) may not be instituted if the petitioner was served with a complaint alleging infringement more than 1 year prior to the filing of the petition. 35 U.S.C. § 315(b).
Hancock Fabrics, Inc. Files For Bankruptcy  
Fox Rothschild LLP

On February 2, 2016, Hancock Fabrics, Inc. and 6 affiliates filed for relief under chapter 11 of the Bankruptcy Code.
Competition Bureau Documents Privileged From Disclosure To Plaintiffs 
Affleck Greene McMurtry LLP

Documents and information that the Competition Bureau collects from third parties during its investigations are protected by public interest privilege from disclosure to plaintiffs in private actions, the BC Supreme Court has ruled.
Puerto Rico Supreme Court: Failure To Provide Safe, Private And Hygienic Area For Breastfeeding In The Workplace May Violate Working Mother's Constitutional Right To Privacy 
Littler Mendelson

In Siaca v. Bahia Beach Resort & Golf Club, LLC et al., a security guard supervisor ("the plaintiff") at a resort informed her employer that she would continue breastfeeding her child once she returned to work from maternity leave.
China Non-Competes  
Harris Moure, PLLC

This post explains the type of China employee that can be bound by a non-compete provision and on the likelihood a China court will enforce such a non-compete.
The Supreme Court Rules That An Unaccepted Offer Of Judgment Cannot Moot A Case, But What About Payment Of Complete Relief? 
Littler Mendelson

A divided U.S. Supreme Court recently ruled in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment is a legal nullity that cannot moot a case.
Court Of Appeal Approves 26 Months Notice For Contractors  
Cassels Brock

Last week, Ontario's highest appellate court dismissed an appeal by Canac Kitchens of a decision awarding two of its contractors each 26 months' notice.
What does it take to have a binding financial agreement – lessons to be learnt from the Grant Hackett experience 
Cooper Grace Ward

Financial agreements must be approached very carefully to reduce the risk of being set aside by the Family Law Court.
A house divided - over the Trans-Pacific Partnership 
Chapman Tripp

For New Zealand to host the signing of the TPP is an extraordinary outcome to negotiations which began life as 'Plan B'.
All aboard for the Nauru pleasure cruise. Now with the High Court Tick of Approval 
Marque Lawyers

The Commonwealth of Australia has the power to send them to any willing country, so the Nauru detention centre is legit.
Road Safety Remuneration Tribunal issues final Contractor Driver Minimum Payments Order 
Cooper Grace Ward

The Order mandates minimum rates for contractor drivers and imposes obligations on businesses engaging these drivers.
Rude awakenings in the course of employment: when "place" only sets the scene for "activity" - 3 February 2016  

An injury must show a connection or association with employment and this serves as a limiting provision on liability.
ASIC issues reminder for businesses to check for unfair contract terms 
Clayton Utz

ASIC has set out an expectation that the transition period should be used to review all relevant standard form contracts.
Gardening 101: Construing Efficacy Exclusions In Commercial General Liability Insurance Policies 
Alexander Holburn Beaudin + Lang LLP

In West Creek Farms Ltd. v. Lloyd's Underwriters, 2016 BCSC 48, Mr. Justice Macintosh considered general and specific principles of contractual interpretation to parse an efficacy exclusion clause in which ambiguity was unearthed.
FTC Announces New HSR Thresholds - February 2016 
Hughes Hubbard & Reed LLP

On January 26, 2016, the Federal Trade Commission ("FTC") announced the annual revisions to the filing thresholds set forth in the Hart-Scott-Rodino Antitrust Improvements Act ("HSR Act").
Preparation For 2015 Fiscal Year-End SEC Filings And 2016 Annual Shareholder Meetings  
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

As our clients and friends know, each year Mintz Levin provides an analysis of the regulatory developments that impact public companies as they prepare for their fiscal year-end filings with the Securities and Exchange Commission...
EU Commission And United States Agree On New Framework For Transatlantic Data Flows: EU-US Privacy Shield 
Foley Hoag LLP

What follows below is the EU's press release regarding the agreement on a replacement for the EU-US Safe Harbor.
Further Wind Litigation And The Oak Ridges Moraine: Part I 
Siskinds LLP

Another appeal of a Renewable Energy Approval ("REA") for a wind turbine project has made its way to, and been refused by, the Environmental Review Tribunal ("ERT").
Answering "I Don't Know" To A Pivotal Question On Cross 
Foley Hoag LLP

In Silicon Laboratories v. Cresta (IPR2014-00809), both parties relied heavily upon expert testimony to construe key claim terms.
Life Sciences. Major Russian Legislation Changes For 2015 
Dentons Worldwide

New terms were introduced to the Law on the Circulation of Medicines, such as "orphan drugs," "generic drug," "reference drug," "interchangeable medicine" and others, laying the foundations for newly introduced norms...
Safe Harbor 2.0: Political Agreement Reached – The EU-US Privacy Shield 

The European Commission has announced that it has reached a deal to replace the EU-US Safe Harbor framework that was declared invalid last year by the Court of Justice of the European Union.
Brazilian Insurance Authority ("SUSEP") Issued A New Regulation On Formalisation Of Reinsurance And Retrocession Contracts In Brazil 
Tauil & Chequer

The Brazilian reinsurance market extended their discussions with the Brazilian insurance regulator ("SUSEP") regarding the need to clarify certain parameters established by Article 37 of the Resolution No. 168...
Cavendish Square Holding BV V Makdessi: Penalties Revisited 
Clyde & Co

In the Autumn 2014 edition of the Bulletin we considered the question of whether large deposits in property transactions could be considered unenforceable penalties.
Are USPTO-Promulgated Trial Rules Reliable? 
Kaye Scholer LLP

There is no getting around it, America Invents Act (AIA) proceedings are a work in progress.
No Change Here! 
Clyde & Co

On 2 December 2015, the Supreme Court delivered its much anticipated judgment in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another [2015] UKSC 72.
Consortium Commercial Developments Ltd V ABB Ltd 
Clyde & Co

In 1996 Consortium Commercial Developments ("Consortium") granted a lease to ABB which came to an end in June 2011.
Real Estate Bulletin - Winter 2016 
Clyde & Co

In 1996 Consortium Commercial Developments ("Consortium") granted a lease to ABB which came to an end in June 2011.
Risks And Opportunities In Distressed Oil And Gas  

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector.
Telemedicine Momentum Picking Up Steam As New Legislation Introduced In U.S. Senate 
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Today, a bipartisan group of Senators led by Senator Brian Schatz (D-HI) and Senator Roger Wicker (R-MS) have unveiled legislation that would expand the use of telemedicine and remote patient monitoring under Medicare.
The Cybersecurity Act Of 2015: Implications For Threat Sharing 
Foley Hoag LLP

On December 18, 2015, President Obama signed the Cybersecurity Act of 2015 (The "Act"), legislation designed to combat online threats to the federal government, state and local governments...
Government Contractors Must Address Domestic Trafficking 
Thompson Coburn LLP

Many Americans are unaware of human trafficking's pervasiveness, believing, if they have considered it at all, that trafficking takes place only in third-world countries.

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