Legal Updates

Alberta Introduces Ontario-style Participation Fee for Reporting Issuers

The Alberta Securities Commission (“ASC”) announced that it will adopt ASC Rule 13-501 Fees (the “Rule”), which will replace the ASC’s current fee schedule.

The Rule introduces a participation fee model (similar to the model in Ontario) that is based on a reporting issuer’s market capitalization and registration class, which fee must be paid annually upon filing annual financial statements. All TSX Venture Exchange listed companies based in British Columbia are reporting both in BC and Alberta. While the participation fees are lower than in Ontario, they do increase costs for reporting issuers.

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TSX Proposes Amendments to Introduce Website Disclosure Requirements and to Amend Security Based Compensation Disclosure

The Toronto Stock Exchange (“TSX”) recently published proposed amendments to: (i) introduce website disclosure requirements for TSX listed issuers (the “Website Amendments”); and (ii) amend the disclosure requirements regarding security based compensation arrangements (the “SBC Amendments”, and together with the Website Amendments, the “Amendments”) in the TSX Company Manual. The Amendments will be effective upon approval by the Ontario Securities Commission following the public comment period. Comments on the Amendments were initially requested by June 27, 2016. The TSX is extending the comment period to July 15, 2016 as a result of requests from stakeholders.

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Nationwide Preliminary Injunction Ordered Against Persuader Rule

Stop Sign CrosswalkToday, the United States District Court for the Northern District of Texas issued a nationwide preliminary injunction halting the Department of Labor’s (“DOL”) controversial new Persuader Rule and its new Advice Exemption Interpretation, previously discussed here and here.  The Rule and Interpretation marked a dramatic change by requiring public financial disclosure reports concerning payments that employers make in connection with “indirect persuader activities” that were not reportable under the long standing rules, but that would, if the new rule were to take effect, for the first time, be considered reportable as persuader activity.

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The Impact of Employment Tribunal Fees

The House of Commons Justice Committee recently carried out an inquiry regarding, among other things, fees in the Employment Tribunal (ET). Part of this inquiry was to consider the effect the introduction of ET fees has had on access to justice and how it has affected the volume and quality of cases brought. They have now published their report.

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Willem den Hertog op BNR over de juridische gevolgen van Brexit

Het Britse volk heeft besloten: Het Verenigd Koninkrijk treedt uit de EU.

Op 14 juni jl. was Willem den Hertog al te horen in het programma Juridische Zaken van BNR over de juridische consequenties van een Brexit. Hier is een link waarop het hele programma is te beluisteren.

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Can advertisers still be content creators?

Even in a world of big data, advertising is, and always has been, focused on creative story telling. From account executives to brand managers, the key players in the advertising world have always sought to push the envelope with clever television ads, compelling print visuals, and catchy banner ad slogans. But in the digital age, the consumer has evolved and so has the manner in which they consume content. They are less likely to flip a page in a print magazine or tune in to a commercial, but rather they consume content through various social platforms and digital apps. Now, audiences expect more than advertising from brands; they are looking for brands to inform, educate, and surprise them in order for them to interact or spend time with the brand’s advertising.

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Court Denies Injunction to Keep Amended Persuader Rule from Taking Effect – Finds DOL Exceeded Authority Under LMRDA

Steven M. Swirsky

Steven M. Swirsky

U.S. District Court Judge Patrick J. Schiltz “has found that aspects” of the Department of Labor’s Amended Persuader Rule “are likely invalid because they require reporting of advice that is exempt from disclosure under Section 203(c)” of the Labor Management Reporting and Disclosure Act (LMRDA).

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Litigation in Scotland: New Simple Procedure Rules

Scotland’s civil courts are currently going through a period of historic reform aimed at modernising the civil justice system to make it more efficient and less expensive. As part of this on-going process, new simple procedure rules were recently published that will replace the current small claims procedure for cases that value £5,000 or less.

Here we provide a brief overview of the background to these reforms and the new simple procedure rules. We also take a look at the Scottish Civil Justice Council’s recently published Annual Report, highlighting some of the other key changes that have been and are taking place. For more information, please call our specialist litigators.

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God adfærd i det offentlige – hvad er det?

Medierne har i denne uge været fyldt med omtale af bagmandspolitiets anholdelser i sag om bestikkelse af lønmodtagere – artiklen redegør for god adfærd i det offentlige i tilknytning til evt. modtagelse af gaver og lignende.

Moderniseringsstyrelsen (tidligere Personalestyrelsen), Kommunernes Landsforening og Danske Regioner udgav i juni 2007 en vejledning om god adfærd i det offentlige. Vejledningens afsnit 4 har overskriften: Modtagelse af gaver m.v.

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NLRB Scraps Rule on Mixed-Guard Unit Recognition – Employment Law This Week

Featured on Employment Law This Week: The NLRB reverses its mixed-guard unit recognition rule. If a union represents both security guards and other employee groups, then an employer’s decision to recognize the union is voluntary. Before this decision, employers could also withdraw their recognition if no collective bargaining agreement was reached.  Now, employers must continue to recognize the union unless and until the employees vote to decertify it in an NLRB election.

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