Legal Updates

The latest on pre-nups

Readers may be interested to read the following article from Teresa Cullen, our new matrimonial partner, about an important new development concerning pre-nuptial agreements.

Prenuptial agreements (pre-nups) are to become legally binding, according to the report of the Law Commission, advance notice of which was given earlier this week. At the moment such contracts are not legally binding in England and Wales but they are given decisive weight following the case of Katrin Radmacher and her husband in 2010 as long as one party is not left “in need” or if there was unfairness.

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Ground Hog’s Day: Pro-Labor NLRB Again Attempts to Put The “Fix” In Union Elections: Reissues Discredited “Ambush” Election Rules

By Steven M. Swirsky, Adam C. Abrahms, Kara M. Maciel and Casey M. Cosentino

As previously predicted by the Management Memo on August 1, 2013 and October 30, 2013, the National Labor Relations Board (the “Board”) issued a second Notice of Proposed Rulemaking (“NPRM”) to amend its existing rules and regulations governing union elections procedures.  If they look familiar when you see them, there is a good reason for that: you have seen them before.

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Registrering af danske domænenavne

Virksomheders domænenavne er ofte forbundet med betragtelig goodwill, reklameværdi og indtjeningspotentiale – på ganske samme måde som varemærker. Erhvervsdrivende har derfor en væsentlig økonomisk interesse i at registrere og beskytte bestemte domæner.

Registrering under .dk

Registreringer under .dk-domænet administreres af DK Hostmaster A/S, der også formelt håndterer an-søgninger om nye registreringer. Ansøgninger om nye registreringer indsendes dog i praksis ikke direkte til DK Hostmaster A/S, men til en udpeget registrator, som ofte også administrerer andre landedomæner og top-level-domæner på lignende vis.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — February 7, 2014

The latest on the debt ceiling

As we creep closer to hitting our debt ceiling, which the Treasury says will occur before the end of the month, House Republicans are trying to come up with a strategy aimed at extracting some policy concessions from the White House and Democrats in Congress in exchange for raising the debt ceiling.

While Republicans in the House and Senate have shown no appetite for a repeat of last year’s show down that led to a government shutdown, Republicans in both chambers, however, would like to tie the increase in the debt limit to some policy proposal favored by the GOP.

While Republicans agree they would like something in return, there is a great deal of divergence of opinion over what that something should and could be. 

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Healthcare Alert: Physicians pay a heavy price for purchasing imported drugs and medical devices

Shopping around for lower prices for equivalent products is typically sound business practice, unless those products are regulated by the Food and Drug Administration (FDA) and happen to be imported or reimported by unauthorized suppliers. Recent civil settlements by the Department of Justice (DOJ) with orthopedic clinics in Tennessee and Virginia who billed the government for reimported products, and guilty pleas by oncologists in Ohio and Texas who billed for imported cancer drugs, remind us all of the perils facing health care providers who cut costs by purchasing similar, yet less expensive medical devices or drugs from Canada or other countries.

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Marketers Predict Trends to Watch in 2014: Insights from Brown Shoe Company’s Chief Marketing Officer, Will Smith

Concluding the three part prediction series, I turn to Will Smith, Brown Shoe Company’s Chief Marketing Officer, to get his thoughts on what 2014 holds for the retail industry.

2014 Predictions within the Retail Industry and How They Have the Potential to Affect Marketing and Advertising, with Brown Shoe Company’s Chief Marketing Officer, Will Smith.

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Proactive Cybersecurity: Reshaping the Way We Think About Data Breaches

By:  Marshall Jackson and Alaap Shah

If you have tuned into the news over the last few months, you are likely aware that several major corporations—including one of the nation’s largest retail chains—have suffered data breaches.  These breaches have affected hundreds of millions of consumers, and in some cases exposed sensitive financial data such as credit card information, as well as personal information including names, mailing addresses, phone numbers, email addresses, usernames and passwords. 

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Just in time for the Olympics – a Race to the Trademark Podium

As we approach the opening ceremonies of the 2014 Olympic Winter Games in Sochi, the Canadian Olympic Committee (COC) has launched a lawsuit against outdoor apparel maker The North Face in the British Columbia Supreme Court, over allegations that it is infringing on Olympic trademarks through ambush marketing techniques.

The COC is seeking an injunction against The North Face and unspecified damages.  Readers of this blog will recall that the 2010 Winter Olympic Games in Vancouver/Whistler featured many similar skirmishes and special legislation enacted to assist the COC in its ongoing battle against ambush marketing.

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BC Supreme Court releases decision in Bentley v. Maplewood Seniors Care Society

In an earlier post, we talked about the case of Margaret Bentley, an 82 year old woman with advanced Alzheimer’s disease, whose family had initiated litigation to prevent her care home from force-feeding her. Earlier this week, the Supreme Court of British Columbia released its 44-page decision in the case.

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Letters of Intent that Bind

By Stewart Muglich

Most corporate transactions start by setting out the agreed terms in an LOI or term sheet. The parties may or may not intend the LOI to be a binding commitment, but parties are sometimes shocked when what they thought was an expression of intent is found by a court to be a binding deal.

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