ILN Today Post

PETERKA & PARTNERS CEE NEWSLETTER – SEPTEMBER 2013

We have prepared a special newsletter dedicated to legal developments affecting business in Central and Eastern Europe.

September issue of the CEE Newsletter is now available (English only)

Countries covered: Czech Republic, Slovakia, Poland, Hungary, Romania, Bulgaria, Serbia, Belarus, Ukraine, Russia.

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ILN Today Post

Consumer Protection Under the FSLRC Report

The Financial Sector Legislative Reforms Commission (‘FSLRC’) was formed vide a notification(1) of Governmen of India dated 24th March 2011. The object of FSLRC was to comprehensively review the multiple Rules/Regulations currently governing the financial sector and rewrite and harmonize them in tune with requirements of modern times. The FSLRC was chaired by former Judge of the Supreme Court of India Justice B.N. Srikrishna and consisted of 9 other members and a Secretary. The FSLRC submitted its report to Shri P. Chidambaram, th e Finance Minister on 22nd March, 2013. The FSLRC report in form of  recommendation prepared a draft law for the financial sector, namely the Indian Financial Code Bill, 2013 (“draft code”). More…

A draft forenote for the article is also available here.

 

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"Some tea party congressmen find signs of political backlash at home," Steve LaTourette quoted in The Washington Post

McDonald Hopkins Government Strategies President Steve LaTourette was quoted in The Washington Post article “Some tea party congressmen find signs of political backlash at home.”

Click here for the full article.

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Allan Goldberg authors article on new Chicago Ordinance

Allan Goldberg

Arnstein & Lehr Chicago Partner Allan Goldberg recently authored an article about a new Ordinance the Chicago City Council passed on September 11. His article titled, “Energy Benchmarking,” discusses with readers the new city law that requires landlords, whether it be a commercial, residential or municipal building,  to show how much energy their buildings use.  This Ordinance does not require improvements to energy consumption to be made, just to report it.

To read the article in full, please click here.

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Plaintiffs’ Bar Embraces Reptile Strategy And Defense Bar Responds

Reptile strategy has taken the plaintiffs’ bar by storm. The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors’ brains, the part of the brain they share with reptiles.  The Reptile strategy purports to provide a blueprint to succeeding at trial by applying advanced neuroscientific techniques to pretrial discovery and trial.

The fundamental concept is that the reptile brain is conditioned to favor safety and survival. Therefore, if plaintiff’s’ counsel can reach the reptilian portion of the jurors’ brains, they can influence their decisions; the jurors will instinctively choose to protect their families and community from danger through their verdict.  Thus,  the focus of the plaintiff’s case is on the conduct of the defendant, not the injuries of the plaintiff. The jurors are not interested in plaintiff’s injury, even when severe, according to the theory. Rather, the only truly effective  way to engage jurors is to demonstrate how the defendant’s conduct endangers the jurors and their families. 

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BC Court of Appeal upholds finding in Hsia v. Yen-Zimmerman

We previously blogged about how an executor proves the proper execution of a will. In discussing the topic, we referred to the decision of Hsia v. Yen-Zimmerman.

This week, the Court of Appeal upheld the trial decision.  The Court of Appeal confirmed that unless there are suspicious circumstances or evidence to the contrary, a trial judge is entitled to rely on two rebuttable presumptions:

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Growing Elderly Population

The Global Age Watch Index report has ranked Canada 5th out of 91 countries in terms of how our aging population is faring. The index looks at four features in terms of analyzing an older people’s wellbeing: income, health, education, employment and enabling environment.

The report indicates that the world is aging so fast that most countries are not prepared to support the increasing number of elderly people

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Ontario Court Grants Molson’s Request for Injunction to Prevent Miller from Terminating Beer License

In a recent decision, Mr. Justice Wilton-Siegel of the Ontario Superior Court of Justice, granted an interlocutory injunction preventing the Miller Brewing Co. (“Miller“) from terminating its long-standing license agreement with Molson Canada 2005 (“Molson“) pending the trial of an action between the parties.  ( see Molson Canada 2005 v. Miller Brewing Co. 116 O.R. (3d) p 108)
Molson had been the exclusive Canadian licensed distributor of Miller’s key trademarks and brands since 1982.  The license agreement covered both Molson’s domestic production of Miller’s products and the importing into Canada of Miller products produced in the United States.  The license agreement had been restated and amended several times since it was first executed.  The last restatement was effective as of January 1, 2003.  
Miller is not currently a significant player in the Canadian beer market.  However, Molson has 8 strategic brands that account for approximately 90% of its Canadian business including Coors Light, Canadian and MGD.  The Miller brands licensed to Molson, which included MGD and Miller Chill, represented less than 5% of Molson’s total sales volume in Canada in 2012.  Molson’s evidence was that during the period of 2006 to 2009, Miller had suffered a substantial decline in MGD sales in the United States but during that same period Molson was able to increase the market share of MGD in Canada.
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Week of September 30, 2013 on ILNToday – A Roundup!

Happy Friday everyone! I had a lovely week off in the Adirondacks, enjoying the fall colors and spending time with friends, and now I’m ready to jump back into work! So here are this week’s top posts!

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ILN Today Post

HOWARD & HOWARD ATTORNEYS SPEAK AT IMN’S 3rd ANNUAL BANK & FINANCIAL INSTITUTIONS SPECIAL ASSETS EXECUTIVE CONFERENCE ON REAL ESTATE WORKOUTS (MIDWEST)

Royal Oak, Michigan, October 2, 2013: Howard & Howard Attorneys PLLC is pleased to announce that Timothy J. Howard and Daniel S. Rubin spoke at IMN’s 3rd Annual Bank & Financial Institutions Special Assets Executive Conference on Real Estate Workouts (Midwest). The conference took take place at Swissotel Chicago, Chicago, IL on September 30th & October 1st 2013. IMN’s Bank Real Estate Workout Conferences continue to be the only place where Special Asset, Special Servicers, REO, Credit & “C” level executives can meet to discuss the latest CRE workout issues. More…

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