Featured Post ILN Today Post

International Lawyers Network

The International Lawyers Network (ILN) is a leading association of 91 high-quality, full-service independent law firms.

Since 1988, the ILN has helped its members keep pace with today’s global economy, through access to the tremendous strength and depth of the combined expertise of 5,000 lawyers in 67 countries on six continents.

ILN member firms are among the most respected and most experienced counsel in their jurisdictions. Clients’ increasing need for reliable foreign counsel is well-met by the personalized, high-quality and cost-effective legal services provided by ILN member firms. Unique to the ILN are the strong personal and professional relationships among its members and their clients developed over the past 26 years. Far from a mere directory, the ILN is an affiliation of lawyers who gather on a regional and worldwide basis annually and work routinely with each other to address client requirements and needs.

Each of the ILN’s member firms is international in outlook and staffed by highly trained senior attorneys, who are experts in a broad range of practice areas. ILN members have demonstrated experience in working successfully with international companies. They are independent, mid-sized firms within their jurisdictions, and are committed to the focus of the International Lawyers Network, admitted to the Network only after a rigorous application process. The ILN provides clients with high-quality service from experienced local counsel who work in firms that maintain excellent reputations in their own countries. This means that clients have immediate access to attorneys who are native, both linguistically and culturally, to the country of interest.

The ILN’s international directory app is available for iPhone, Android and BlackBerry smartphones. To access the app, click here or log on to ILNmobile.com from your smartphone.

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ILN Today Post

No jurisdiction for creditors who have proved elsewhere

In Stichting Shell Pensioenfonds v Krys [2014] UKPC 41, the Privy Council has held that where a company was being wound up in a jurisdiction where it was incorporated, and where a foreign creditor had submitted a proof of debt to the liquidators, that creditor had submitted to the jurisdiction of the administering court, and could not bring proceedings in its own jurisdiction with the aim of obtaining priority over other creditors.

The creditor was a Dutch pension fund who had invested in a BVI investment fund but was insolvent, having participated in Bernard Madoff’s Ponzi Scheme.  The creditor had submitted a proof of debt to the liquidators in the BVI before proceeding in the Netherlands with a view to enforcing against cash held in Ireland by an intermediate company.  The BVI Court of Appeal issued an injunction restraining the Dutch proceedings on the basis that BVI statutory rules of distribution prevented a creditor from gaining priority through a different jurisdiction.

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More than ever, your employees must weigh their words

November 30, 2015 — The recent tragic events in Paris have triggered a lot of discussion. It is therefore not unlikely that your employees would discuss those events and express their thoughts or opinions before third parties — including your customers. Certain basic rules still apply, notwithstanding the highly charged emotional context… 

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Whistleblowers Under Sarbanes-Oxley and Dodd-Frank – Employment Law This Week

As we mentioned before the holiday, I was recently interviewed on our firm’s new video program, Employment Law This Week.  The show has now released “bonus footage” from that episode – see below. 

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DC Circuit: No False Claims Act Liability for Reasonable, Good Faith Interpretations of Ambiguous Regulations

On November 24, 2015, in United States ex rel. Purcell v. MWI Corp., No. 14-5210, slip op. (D.C. Cir. Nov. 24, 2015), the District of Columbia Circuit Court of Appeals ruled that federal False Claims Act (“FCA”) liability cannot attach to a defendant’s objectively reasonable interpretation of an ambiguous regulatory provision. While outside of the health care arena, this decision has implications for all industries exposed to liability under the FCA.

In Purcell, the government alleged that false claims had been submitted as a result of certifications made by defendant MWI Corporation to the Export-Import Bank in order to secure loan financing connected with MWI’s sale of water pumps to the government of Nigeria. 

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Stockmann seab fookusse Baltikumi

Jaemüügi grupp Stockmann väljub Venemaa turult ning ettevõtte juhi Per Thelin`i sõnul võimaldab see tugevamalt keskenduda tegevusele Baltikumis ja Soomes. Turg on nendes riikides küll stabiilsem, kuid jaemüüja hinnangul on Eestis ja Lätis märgata konkurentsi teravnemist. Stockmanni otsus Venemaalt lahkuda on tingitud sanktsioonidest, rubla ebastabiilsusest ning muudest geopoliitilistest mõjuritest põhjustatud majanduslangusest Venemaal. Oluline on edaspidi jälgida Stockmann`i arengud Eestis – tema senine trend on olnud langev ja nüüd on seevastu oodata jõulist katset seda kasvuks pöörata. 

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Benjamin Prud’homme honoured by the Young Bar

November 27, 2015 — Last night, the Young Bar of Montréal held the 9th edition of its Leaders of Tomorrow gala event. Benjamin Prud’homme was the winner in the Family Law category.

Adding to the prestige of this distinction is the fact that the Pre-selection Committee and the Young Bar’s Council of Governors, which made the final decision, were comprised of numerous judges and recognized leaders of the legal community. 

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Gifts of private companies and real estate to charitable organizations

Geoff White wrote an article for Leave a Legacy Vancouver about giving significant gifts to charitable organizations and new gifting opportunities coming in 2017. “With careful planning, [people] can share their success and pass along our community even greater than it was passed on to us,” explains Geoff. Check out the full article (page 18).

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Court Appointed Receiver Liable to pay Substantial Indemnity Costs

Earlier this year ( June 9th ), I wrote about a case in which the Court of Appeal for Ontario set aside “breathtakingly broad” receivership orders that put in place an “investigative receivership”.  This month, the court released its ruling on costs arising from its decision. See Akagi v. Synergy Group (2000) Inc. 2015 ONCA 771. 
On the appeal, the court  had set aside ex parte orders issued by Justice Colin Campbell of the Superior Court of Justice (Commercial List).  The court concluded that the orders appointing the receiver stood “on a fundamentally flawed premise” and were “unjustifiably overreaching in the powers they granted”.  
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Transparency and trusts: an update

Many of you will know that the UK has now passed legislation requiring the beneficial ownership of UK registered companies to be held on a publicly available register by June 2016.  The exact detail of what has to appear on the register at Companies House is yet to be confirmed.
With companies in the spotlight, it was only a matter of time before trusts came under similar scrutiny.  It was clear from the recitals to the EU’s 4th Anti-Money Laundering Directive (4AMLD) that trusts and similar structures should not be given comparatively favourable treatment.  Therefore Article 31 of the 4AMLD provided, among other things, that Member States should require trustees to hold accurate information about the settlor, trustees and beneficiaries.  The trustees should also provide that information to a central register.  However, only trustees of a trust which ‘generates tax consequences’ were obliged to do so. 
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Welcome Partner Scott Lamb

Clark Wilson would like to warmly welcome Scott Lamb as a Partner with our Technology, Intellectual Property and Infrastructure, Construction & Procurement Groups. Scott brings a wealth of experience in intellectual property, construction and privacy law. We are pleased to have him join our team.

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