Mondaq Latest Added Articles

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The impact of family violence on property settlement matters 
Coleman Greig Lawyers

Conduct of the parties is not usually relevant to property settlement, but courts may make an exception for violence.
Why an Income Protection claim on your insurance policy may not be paid 
Watkins Tapsell

This is a complex area and there are many reasons why an Insurer will not pay out on your income protection claim.
November E-check™ checklist: Reasons to register a commercial lease in Western Australia 
HHG Legal Group

Landlords and Tenants should register the title of a commercial lease with Landgate, as it is the best form of security.
Contractors and the Personal Property Securities Act 2009 
HHG Legal Group

If done properly, PPSI registrations can help construction contractors in the event of their principal's insolvency.
Reform reprieve as minor FOFA amendments pass 
Corrs Chambers Westgarth

Resistance in the Senate has led the Government to abandon many of its controversial FOFA reforms announced previously.
The Ashley Madison hack: the employment law implications 
Coleman Greig Lawyers

This hack raises questions about privacy rights and the improper use of company email and internet facilities by staff.
Bullying in the workplace – An update 
Kott Gunning

Anti-bullying provisions may stop bullying from becoming worse, but employers should aim to prevent it before it begins.
Multiple stress claims, section 5(4) exclusions in WA Workers Compensation Scheme 
Kott Gunning

Our firm has been involved in this collection of stress claims and related WorkCover WA proceedings for around 2 years.
What happens if I die without a will (intestate) in Western Australia? 
Kott Gunning

If you die intestate, your estate will be distributed according to a rigid formula in the Administration Act 1903 (WA).
The computer will see you now – Six considerations for deploying robo-advice in Australia 
Corrs Chambers Westgarth

Traditional financial services business structures and advisers are being replaced by sophisticated computer programs.
APRA's enforcement priorities for RSEs in 2016 – know them well and be prepared 
Corrs Chambers Westgarth

These are steps superannuation trustees should take to ensure that their policies and procedures pass APRA's inspection.
Work Health & Safety - What's News - 25 November 2015 
Holding Redlich

This newsletter includes links to recent media releases, reports, cases and legislation relating to work health & safety.
Impact Of The New Canadian Government On Foreign Investment Review 
Torys LLP

The new Liberal cabinet and government sworn in today may signal the start of important developments around the scrutiny of foreign investment reviews under the Investment Canada Act.
Rand Paul Opposes Use Of Eminent Domain For Pipeline Project  
Fox Rothschild LLP

Eminent domain once again appeared as a topic in the Republican Presidential race. Kentucky Sen. Rand Paul appeared at an Iowa farm to criticize the use of eminent domain for a pipeline project proposed in that state.
Stock Options Amendments Will Not Have Retroactive Effect 
Torys LLP

As discussed in our prior bulletin, the newly elected Liberal government indicated in its electoral platform that it intended to make certain tax-related changes, including changes to the tax treatment of stock options.
Generic Drug Manufacturers Not Off The Hook: Federal Court Of Appeal 
Torys LLP

This ruling continues the "merest slender thread of relevance" theme in Federal Court of Appeal jurisprudence which first appeared in the ICN decision.
DOL's Request for Information on Employees' Use of Electronic Devices Expected in February 2016  
Proskauer Rose LLP

In its July 2015 notice of proposed rulemaking on the forthcoming changes to the "white collar" overtime regulations, the U.S. Department of Labor (DOL) recognized employer concerns regarding the remote use of electronic devices by overtime-eligible employees.
Canadian Privacy Class Actions At The Crossroads 
Torys LLP

Canadian privacy class actions are on the rise, emerging from a wealth of new technologies, novel business practices, and an ever-growing body of jurisprudence south of the border.
DOJ Announces Postponement Of The Release Of Proposed Web Accessibility Regulations For Public Accommodations Until 2018 
Proskauer Rose LLP

Businesses awaiting guidance from the U.S. Department of Justice (DOJ) on accessibility of online content for places of public accommodation under Title III of the Americans with Disabilities Act (ADA)
Cartels & Leniency 2016 
Affleck Greene McMurtry LLP

The Guide is published yearly by the Global Legal Group with contributions from leading competition lawyers worldwide and provides practical insight into cross border law and key legal issues across 34 jurisdictions.
FTC Amends TSR Do-Not-Call Regulations  
Klein Moynihan Turco LLP

This month, the Federal Trade Commission (the "FTC" or "Commission") made several revisions to the Do-Not-Call regulations contained in its Telemarketing Sales Rule ("TSR"), as well as additional amendments to its business-to-businesses exemption and oral verification recording requirements.
For Safe Harbor, Steer North 
Torys LLP

Many questions follow in the wake of the European Court of Justice ruling invalidating the EU-U.S. Safe Harbor regime for the transfer of personal information.
Information Technology: The Quebec Government Changes Its Procurement Rules 
Langlois Kronstrom Desjardins s.e.n.c.r.l.

The Quebec government recently published the text of a draft regulation imposing a framework on information technology (IT) contracts entered into by public bodies.
ISS And Glass Lewis Announce 2016 Canadian Proxy Voting Guideline Updates 
Bennett Jones LLP

Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis) have both released updates to their respective Canadian proxy voting guidelines for the upcoming 2016 proxy season.
Brazilian M&A. Marital Consent in a Share Deal.  

The granting of marital consent, regulated by article 1.647 of the Brazilian Civil Code, is the practice of permission given by a marital spouse to their partner for them to undertake a certain act, which without said authorization, would be invalid.
No Crying Over Spilt Milk 
Conyers Dill & Pearman

Cayman Court Disapproves Earlier Decision.
In Re Allegiance Staffing – The Rare "Any Other Established Fact"  
Sheppard Mullin Richter & Hampton

In this case, the Trademark Trial and Appeal Board reversed the refusal to register Applicant's ALLEGIANCE STAFFING mark (disclaiming STAFFING) for temporary employment agency service...
Court Issues Mixed Bag Discovery Decision In EEOC Nationwide Race Discrimination Case 
Seyfarth Shaw LLP

Judge Andrea Wood of the U.S. District Court for the Northern District of Illinois recently decided several discovery issues that have become increasingly common in large-scale, EEOC-initiated disparate impact litigation.
IPR And CBM Statistics For Final Written Decisions Issued In October 2015 
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In the 44 Final Written Decisions issued by the Patent Trial and Appeal Board in October, the Board cancelled 469 (79.49%) of the instituted claims and declined to cancel 118 (20%) of the instituted claims.
Institutional Shareholder Services Releases Proxy Voting Guidelines For 2016 Meetings 
Stikeman Elliott LLP

On November 20, 2015, Institutional Shareholder Services (ISS) released its 2016 Americas Proxy Voting Guidelines Updates (the Guidelines) for meetings held in 2016.
Turkey Update: Protecting Personal Data Of E-Commerce Consumers In Turkey 
ELIG, Attorneys-at-Law

Data protection is an important key to maintain the consumer's trust to e-commerce environment.
Clash Of Civil And Common Law: Case Guidance System v. Stare Decisis  
Sheppard Mullin Richter & Hampton

On May 13, 2015, the highest judicial institution in China, the Supreme People's Court, issued the Detailed Rules of Implementation of the Provisions of the Supreme People's Court on Case Guidance Work...
How To Structure A Franchising Agreement In Turkey 
Balta & Yurdakul Attorney Partnership

Franchise sector in Turkey has been in a rapid growth in the recent years. As of 2014, there were approximately 1850 chain of enterprises in Turkey, 24% of which are foreign trademarks.
Ontario Climate Change Policy Developments  
Bennett Jones LLP

The CCS sets out, in broad strokes, how Ontario intends to achieve these targets.
The Environmental Aspects Of The New Trans-Pacific Partnership  
Gowling Lafleur Henderson LLP

Details of the Trans-Pacific Partnership ("TPP") are now available. This is an opportunity to see what was negotiated with respect to the environment.
The Truth, The Whole Truth And Nothing But The Truth 
Carey Olsen

Couples petitioning the Royal Court to assist in resolving financial disputes arising on divorce, dissolution of civil partnerships or separation are required to complete detailed financial statements, sworn on oath, about their respective financial positions.
Alberta Releases Climate Leadership Plan  
Gowling Lafleur Henderson LLP

This timely announcement comes as Canada prepares for next week's UN Paris Conference.
Retiring As An Owner Operator  
Crowe MacKay LLP

Over the past few years, there has been increasing media coverage on the effect of the baby boomer generation reaching retirement age.
New Decree Guiding The Law On Investment: What You Must Know 
Duane Morris LLP

On 12 November 2015, after months of delay, the Government has finally issued Decree No. 118/2015/ND-CP ("New Decree") on detailing and guiding the implementation of certain provisions of the Law on Investment.
Reform Of The German Act On The Supply Of Temporary Employees 2016/17 – The Draft Ministerial Bill Is Out 

After a long wait the time has finally come: the draft ministerial bill regarding the reform of the German Act on the Supply of Temporary Employees (Arbeitnehmerüberlassungsgesetz – AÜG) is out.
Claim For Piercing The Corporate Veil Analyzed By Chancery 
Fox Rothschild LLP

In the recent Court of Chancery opinion of Doberstein v. G-P Industries, Inc., C.A. No. 9995-VCP (Del. Ch. Oct. 30, 2015), the Court rejected a claim for piercing the corporate veil.
Bermuda Human Rights Act Protects All Employees When Considering Promotions 

A Supreme Court decision handed down on Monday is a stark reminder that employers should tread very carefully when promoting employees.
Stay Denied In Advancement Case 
Fox Rothschild LLP

In the recent decision of Tulum Management USA LLC v. Casten, C.A. No 11321-VCN (Del. Ch. Nov. 9, 2015), Vice Chancellor Noble declined a party's request to stay a pending advancement case before the Delaware Court of Chancery.
Unsworn Declarations – Verifying Pleadings Under The Delaware Uniform Unsworn Foreign Declarations Act 
Fox Rothschild LLP

The question becomes, how can a party file a complaint in the Court of Chancery if the declarant is not located within the United States and unable to access a notary public to verify the pleading?
Federal Exemption From Liens Is No Simple Matter 
McLennan Ross LLP

With significant recent and ongoing expansion at the Calgary, Edmonton and Fort McMurray airports, a number of trades have been interested in the question whether airports are subject to builders' liens.
RadioShack Preference Litigation UPDATE 
Fox Rothschild LLP

As detailed in this previous post, the Liquidating Trustee appointed to prosecute preference actions in the RadioShack bankruptcy proceeding filed approximately 383 preference actions in late October and early November of this year.
Proposed NJ Bill Would Eliminate "Surprise Bills" 
Day Pitney LLP

A new proposed bill in New Jersey would require healthcare providers to disclose to patients in advance whether their services are covered in-network by the patient's health insurance plan.
CFTC Unanimously Approves Notice Of Proposed Rulemaking On Regulation Of Automated Trading 
Cadwalader, Wickersham & Taft LLP

Below is a summary of proposed Regulation AT based on the open meeting and the fact sheet published on the CFTC's website.
Fla. Court Sets New Eminent Domain Atty Fee Guidelines 
Fox Rothschild LLP

The Florida Supreme Court ruled Thursday that a formula in the state law used to calculate attorneys' fees in state eminent domain cases is unconstitutional where there is excessive litigation by the condemning public authority.
Medical Information – What Does The Employer Have The Right To Know?  
Langlois Kronstrom Desjardins s.e.n.c.r.l.

The grievor had been an elementary school teacher since 2007.
Study States Solar Energy Systems Increase Home Values 
Fox Rothschild LLP

The impact "green" aspects of a property has on its value continues to be a subject of study and debate.
Cyber Monday, Social Commerce And The End Of An Era 
Morrison & Foerster LLP

Online sales on the Monday after Thanksgiving weekend—Cyber Monday—have continued to increase year over year since the day was first christened "Cyber Monday" in 2004.
The Necessary Element Of The Crime-Fraud Exception? Intent 
Fox Rothschild LLP

On Wednesday, just before the Thanksgiving Day holiday in the U.S., the judge handling the MDL litigation involving failures of General Motors' ignition switches issued a major discovery decision that had been pending for many months.
Algorithm Optional? A Guide To Computers As Structure In Means-Plus-Function Claiming 

Means-plus-function claim elements are less common than in the past, due to stricter rules about their scope and requirements for validity.
Ontario Court Of Appeal: Reasonable Apprehension Of Conflict Forces Insurer To Relinquish Control Of Defence 
Theall Group LLP

In Hoang v. Vincentini, the Ontario Court of Appeal ordered an insurer to yield control over the defence of its insured and pay for the insured's independent counsel.
State Law No. 10,439/2015: Tax Amnesty Program Of The State Of Espírito Santo 
Tauil & Chequer

On November 19, 2015, State Law No. 10,439/2015, approved by the Governor of the State of Espírito Santo, was published in the Official Gazette, establishing a tax amnesty program...
A "Big Deal": Latest U.S.-China Talks Signal Progress For Protection Of Trade Secrets 

Expectations didn't appear high for the latest round of China-U.S. talks about a variety of economic issues including trade secret protection.
Record Retention Policy For E-Discovery 
Lawson Lundell LLP

Increasingly, the rationale for implementing a records management and retention policy is not simply to manage space, data storage, and their associated costs, but also to limit legal fees, and increase certainty, in e-discovery
Courts Reject Protection For Corporate Investigations, But Offer Helpful Guidance: Part II 
McGuireWoods LLP

Last week's Privilege Point described two cases rejecting defendant's protection claims for internal investigations.
Another Gambling Class Action Fails – Court Finds Social Casino Games Not Gambling 
Sheppard Mullin Richter & Hampton

A Federal Court in Washington state dismissed a Plaintiff's class action claims that social casino games using purchasable virtual casino chips constitute gambling under Washington state law.
Spending Review 2015 - Northern Powerhouse 

The Chancellor of the Exchequer, George Osborne, set out the state of the economy in the Autumn Statement and revealed his plans for spending earlier today.
Cobb v. Long Estate, 2015 ONSC 6799, November 13, 2015 
Miller Thomson LLP

Following a four week jury trial, Justice Belch heard the plaintiff's motion to settle terms of Judgment.
The Problem With S-Corp LLCs  
Stoll Keenon Ogden PLLC

While I do not disagree with Warren Kean that an S-Corp LLC may at times be a viable format based upon particular facts, I continue to view this structure as more often than not a "solution in search of a problem."
Brac Business Expo Promises Information On The New TBL 
Cayman Islands Government

Put on by Hurley's Media, the expo will be held from 9am to 4pm on Saturday, 12 December at the Aston Rutty Civic Centre.
The Home Buyers' Plan: Tax Relief For The Purchase Of A First Home 
Crowe MacKay LLP

For most individuals, the purchase of a first home will be the largest purchase that they will make in their lifetime.
ISS And Glass Lewis Release 2016 Canadian Proxy Voting Guidelines 
Borden Ladner Gervais LLP

Institutional Shareholder Services ("ISS") and Glass, Lewis & Co., LLC ("Glass Lewis"), two leading proxy advisory firms, recently released updated guidelines for the 2016 Canadian proxy season. Many of the revisions focus on director responsibility and accountability.
FCC Slams Door On Higher Pole Attachment Rates 
Sheppard Mullin Richter & Hampton

A number of cable, broadband, and telecommunications industry players filed the petition to eliminate pole-attachment rate disparities and complexities between "rural" and "urban" areas...
The PTAB's Subpoena Power 
Foley Hoag LLP

Parties harness the PTAB's authority to compel third parties only in rare situations.
Surge In Subprime Auto Lending Prompts Government Concerns  
Dykema Gossett

Auto finance companies have witnessed a surge in lending activity, a sign that the economy is gradually improving.
Canadian Thin Capitalization Development On Non-Cdn.$ Intra-Group Debt 
Borden Ladner Gervais LLP

At the Canada Revenue Agency (CRA) Round Table held on November 24, 2015 at the 2015 Canadian Tax Foundation Annual Conference in Montréal, the CRA made an announcement that will be helpful to many Canadian subsidiaries of multinational groups who borrow from non-Canadian group members in currencies other than the Cdn.$.
Basel Committee On Banking Supervision Publishes Interim Impact Analysis On Fundamental Review Of Trading Book 
Shearman & Sterling LLP

On November 18, 2015, the Basel Committee on Banking Supervision published an interim impact analysis of its fundamental review of the trading book.
European Banking Authority Consults On Draft Regulatory Technical Standards For Additional Criteria For Preferential Treatment For Intragroup Liquidity 
Shearman & Sterling LLP

The draft RTS also detail the binding agreements and commitments that are required for credit and liquidity between group entities.
New US Sanctions On Burundi  
Clyde & Co

On November 23, 2015, President Obama issued an Executive Order imposing, for the first time, sanctions with respect to Burundi.
US Federal Deposit Insurance Corporation Updates Frequently Asked Questions On Brokered Deposits 
Shearman & Sterling LLP

On November 13, 2015, the FDIC updated its Frequently Asked Questions regarding brokered deposits.
US Federal Deposit Insurance Corporation Chairman Delivers Speech At The Clearing House Annual Conference 
Shearman & Sterling LLP

On November 18, 2015, US Federal Deposit Insurance Corporation Chairman, Martin J. Gruenberg, gave a speech at The Clearing House annual conference regarding progress...
Financial Regulatory Developments Focus - November 25, 2015 
Shearman & Sterling LLP

On November 13, 2015, the FDIC updated its Frequently Asked Questions regarding brokered deposits.
Extra Paperwork Triggers EEOC To File ADA Suit In South Carolina  
Bradley Arant Boult Cummings LLP

According to the EEOC, the employee was fully capable of climbing stairs and working on the second floor.
The Name Game Part Two: A Lender's Rights As A "Lender Loss Payee" Under A Borrower's Insurance Policy 
Dykema Gossett

This blog recently discussed the consequences for lenders of being carried on a borrower's insurance policy as a "loss payee."
What You Should Know About The EEOC's New Proposed Rule On GINA And Wellness Programs 
The McLane Law Firm

Employer-sponsored wellness programs are a popular tool to incentivize healthy living and maintain an active, engaged workforce.
Day 4: Your First Five Questions (Times Four): A Practical Guide To The Amended Federal Rules Of Civil Procedure – Rule 34 Objections 

While the amended rules, including Rule 34, encourage cooperation and communication between the parties, they still do not require parties to perform the other side's discovery work for them.
Court Rules That The Increase In Deductibles Is Not Retrospective 
Blaney McMurtry LLP

In less than one year, the provincial government has twice changed the rules for calculating damages for victims of motor vehicle accidents.
Redefining Workplace Harassment And Enhancing Workplace Protections: A Summary Of Bill 132's Amendments To The Occupational Health And Safety Act 
Norton Rose Fulbright Canada LLP

As part of the Ontario government's March 2015 report "It's Never Okay: An Action Plan to Stop Sexual Violence and Harassment" a new bill is before the Ontario legislature.
Len Boselovic's Heard Off The Street: Cyber Risks Grow, But Companies Hesitate To Disclose Much 
Fox Rothschild LLP

David A. Jaffe was quoted in the Pittsburgh Post-Gazette article, "Len Boselovic's Heard Off the Street: Cyber Risks Grow, but Companies Hesitate to Disclose Much."
Autumn Statement: Tinkering Around The Edges With Pensions 
Nabarro LLP

As previously announced, any major changes on pensions tax relief will not be confirmed until the 2016 Budget.
Pharma In Brief - Federal Court Dismisses Application For Order Prohibiting Mylan From Receiving NOC For Cinacalcet 
Norton Rose Fulbright Canada LLP

The Federal Court dismissed Amgen's application for an order prohibiting the Minister of Health from issuing a Notice of Compliance (NOC).
Albany County Supreme Court Upholds $199,000 "Hard Cap" On State Funded Executive Compensation, While Striking "Soft Cap" On Funding From All Sources 
Cadwalader, Wickersham & Taft LLP

The ultimate fate of Executive Order 38, together with the promulgated regulations, still remains uncertain.
The Changing Face Of Commercial Dispute Resolution In India 
PSA Legal Counsellors

In a historic move, on October 23, 2015, the President of India promulgated two ordinances which may have a far-reaching impact on the commercial dispute resolution system in India.
Capital Markets Act Consultation Draft: Proposed Changes Affecting Investigations, Enforcement And Statutory Civil Liability 
Norton Rose Fulbright Canada LLP

In August 2015 a Revised Consultation Draft of the provincial and territorial Capital Markets Act (CMA) was published for comment.
The 2016 Proxy Season: Glass Lewis Canadian Proxy Voting Guidelines Update  
McCarthy Tétrault LLP

Earlier this week, we commented on updated proxy voting guidelines released by Institutional Shareholder Services Inc. ("ISS").
Consumer Rights Act 2015 
Field Fisher Waterhouse

The legislation has responded to the surge in demand for digital content by including specific provisions relating to such content.
Le Droit De Se Dire « Inventeur » – Ce N'Est Pas Donné À Tout Le Monde 
Norton Rose Fulbright Canada LLP

Toute invention brevetée résulte d'abord et avant tout du travail créatif d'un individu, ou d'un ensemble d'individus.
OP-ED: A Checklist For An Effective BYOD Policy 
Fisher & Phillips LLP

Fallon Niedrist's article "OP-ED: A Checklist for an Effective BYOD Policy," was featured in DJC Oregon on November 20, 2015.
Frequently Asked Questions About Tip Credit In Oregon 
Fisher & Phillips LLP

Rich Meneghello's article "Frequently Asked Questions About Tip Credit in Oregon," was featured in ORLA on November 25, 2015.
Trans-Pacific Partnership – Investment Protection And Investor-State Claims 
McCarthy Tétrault LLP

On October 5, 2015, after over a decade of difficult negotiations and compromise, 12 Pacific Rim countries reached agreement on the Trans-Pacific Partnership ("TPP"), referred to as "the largest, most ambitious free trade initiative in history".
Private Rental Sector: Right To Rent Checks And Locking Up Landlords 
Nabarro LLP

With the crisis at Calais and the loss of life in the Mediterranean hitting the headlines almost daily, immigration is a hot political topic.
Minimum Energy Efficiency Standards - November 2015 
Nabarro LLP

Described as "game-changing" by the Government, the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the Regulations) are now law.
Builders Take Note: BCCA Upholds Interpretation Of Common Defective Workmanship Exclusion 
McCarthy Tétrault LLP

The LEG 2/96 is one of three model defective workmanship exclusion clauses developed by the London Engineering Group, a U.K. think tank that develops policy wording for the insurance industry.
Festive Celebrations And The Workplace  
McCarthy Tétrault LLP

With the holiday season in full swing, employers are in the midst of the annual balancing act between festive celebration and appropriate workplace conduct.
The Province Of Alberta's Climate Change Plan (Sub Nom. Western Canadian Oil Producers Dancing On The Head Of A Pin) 
McMillan LLP

It must have seemed odd at first blush seeing Big-Oil shoulder-to-shoulder with Premier Notley on Sunday during the provinces roll out of the review panel's report on climate change.
Energy Efficiency Legislation Heats Up: The Heat Network (Metering And Billing) Regulations 
Nabarro LLP

Calling all landlords: the onerous deadlines and requirements of the Heat Network Regulations are closing in – it's time to act.

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