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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

Unjust contract protections to extend to small businesses

The Government has announced that it intends to extend legal protections against unfair contract terms to small business.

This initiative may have significant effect on transactions like equipment finance, commercial lending, and other supplies to small businesses.  There is potential for distribution agreements such as broker contracts and financial services distribution agreements to be affected.

The Australian Consumer Law (ACL) currently contains provisions to protect consumers from unfair contract terms in standard form contracts. Unfair terms include terms which permit one party but not the other to exercise certain rights, such as the right to renew, vary or terminate the contract. The ACL gives the courts power to declare unfair contract terms void. More…

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ILN Today Post

Compliance in times of uncertainty – dealing with new and missing regulation

Introduction

One of the key elements of good regulation is to ensure that the regulation is transparent and known to those who it affects and must observe the regulation.  This is the reason why there are procedures in place to ensure that proposed new regulation and changes to regulation are communicated to those affected well in advance to their introduction to allow for proper response to the implementation.

Although the notion that “Ignorance of law is no excuse” does exist, I think that it is accepted by all that reliance on that notion is not advisable and that it is in everyone’s interests for law and regulation to be communicated and understood before it commences.  After all, the aim of law and regulation is not to raise revenue from breaches of unknown law but to secure the aims of the law and regulation by their observance. More…

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You’ve Been Sued: 4 Non-HIPAA Claims in Data Breach Cases

“There is no private right of action under HIPAA.”  This oft-repeated rule is a source of comfort for many health care entities. Of course, patients can file complaints with the Office of Civil Rights or State Attorneys General, but a “HIPAA cause of action” does not exist. So what is the basis for the many […]

The post You’ve Been Sued: 4 Non-HIPAA Claims in Data Breach Cases appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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ILN Today Post

Time to update your terms and conditions?

UNFAIR CONTRACT PROVISIONS – FAIR TRADING ACT 1986

The new unfair contract provisions of the Fair Trading Act 1986 took effect from 17 March 2015.

The Commerce Commission has indicated there will be no grace period for businesses to comply.  From 17 March 2015, it has been unlawful to incorporate an unfair term in a standard form of Consumer Contract.

Unfair contract terms relate primarily to clauses in standard form consumer contracts – the main hallmarks of these contracts being that the terms the provider has offered to the consumer have been on a “take it or leave it” basis and importantly the contracts relate to goods and services that are primarily for personal use.  More…

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Week of March 23, 2015 on ILNToday – A Roundup

It’s rather hard to believe that we’re already at the end of March – and you know what that means? It’s the end of the first quarter of the year, and so time to review where we stand with our plans for the year!

What have you accomplished so far? What’s worked well and what hasn’t worked so well? What goals do you want to accomplish in the next quarter, and what processes can you put in place to make sure that those happen? I’ll be reviewing my plans along with the rest of you, so I’m certainly not exempt! We’ve been rocking and rolling over here at the ILN this first quarter, but I plan for 2015 to be a big year, so there is plenty more work to do!

In the meantime though, take a look at this week’s top posts from ILNToday!

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Garner v. Garner – Can you obtain a court ordered visitation schedule with an elderly parent?

Several years ago, the B.C. Court of Appeal, in Temoin v. Martin, 2012 BCCA 250 [Temoin] discussed the application of a time-honoured principle that English and subsequently Canadian courts had established and which became known as the Court’s parens patriae jurisdiction. Historically, the parens patriae doctrine (which literally means “parent of the country”) vested the Court with the authority to make orders in the best interests of children that were in need of protection. Temoin clarified that the Court’s powers under the parens patriae jurisdiction can also be invoked to make orders necessary for the protection of elderly individuals that have not been formally declared incompetent or incapable of managing their affairs. In Temoin, the Court held that in appropriate circumstances it could make an order compelling an elderly individual to submit to a medical capacity assessment. We provide a detailed discussion of the factual background and the Court’s decision in Temoin in our 2012 blog post discussing “Court Ordered Examinations to Determine Incapacity in British Columbia”.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — March 27, 2015

On Wednesday, the House passed a budget by a vote of 228 to 199. The House budget that passed increased defense spending, a move that was necessary to secure the votes of Republican hawks.

The House’s budget makes cuts to domestic spending on everything from food stamps to welfare. The blueprint also repeals the Affordable Care Act and makes changes to the tax code.

Republicans in the House chose to pass a budget that increased military spending even though that spending would not be offset, a major concession for some fiscal conservatives.

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David Austin interviewed by The Vancouver Sun

Yesterday, David Austin was interviewed by The Vancouver Sun on the subject of the growing tech-sector demand for green power. In the article, David states that the congestion in the Northwest U.S. transmission system has been a long-standing barrier to B.C. signing long-term power contracts in big markets such as California.

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ILN Today Post

Kochański Zięba Rapala & Partners wins a case for Ringier Axel Springer against Radosław Sikorski, the former Polish Foreign Affairs Minister and current Marshal of the Sejm

Rafal Zieba_portret wwwOn 25 March 2015 the Regional Court in Warsaw entirely dismissed the Statement of Claim submitted by Radosław Sikorski in a case brought against Ringier Axel Springer Polska (RASP), represented by Kochański Zięba Rapala & Partners Law Firm.

Radosław Sikorski was represented by Roman Giertych, advocate. On the side of Radosław Sikorski, as an intervening party, the CHAI Foundation put itself forward to take part in the case, and was also represented by Roman Giertych. Anna Cichonska_portret

Radosław Sikorski brought a legal action against RASP for the comments of internet users which he alleged infringed his personal interests and were published on the internet portal fakt.pl below an article entitled: “Sikorski informed on anti-Semites through internet fora”. Radosław Sikorski took the position that the publisher of the internet portal was responsible for the breach of personal interests by the internet users in accordance with general principles resulting from the Polish Civil Code and Press Law. The claims raised by him, were as follows: removal of comments made by the internet users, publication of apologies on the following internet portals: fakt.pl, interia.pl, onet.pl, pb.pl, wp.pl, se.pl, gazeta.pl, wprost.pl, polityka.pl, tvn24.pl, zyciewarszawy.pl, dziennik.pl, polskatimes.pl, rp.pl, newsweek.pl as well as compensation in the amount of PLN 20,000. More…

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ILN Today Post

KLA Alert – Foreign Trade – March, 2015

Ordinances SECEX 16/2015 and 17/2015, published on March 23, 2015 in the Official Gazette, initiated 2 new investigations to assess the existence of dumping and potential injury to the domestic industry arising from such practice in the exports (i) of polyvinyl chloride canvas (PVC) coated with textile reinforcement on both sides originating from China and South Korea and classified under code 3921.90.19 of the HS, and (ii) unframed mirrors from China and Mexico classified under code 7009.91.00 of the HS.

Specifically in the exports of PVC canvas to Brazil, SECEX assessed absolute and relative dumping margins of US$ 1.72/kg and 110.97% in Chinese exports and US$ 1.32/kg and 67.7% in Korean exports. More…

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