Arnstein & Lehr Miami Partner Randall L. Sidlosca is slated to speak at the November 3-5 International Real Estate Congress in Miami. The Congress is hosted by the Miami Association of Realtors. More than 300 realtors are expected from around the U.S. and world to learn about the latest international trends, how to market their properties, establish international business relationships, and continue their professional development. This year’s conference will bring together an array of nationally and internationally known real estate industry experts, forecasters, and national speakers to address the hottest industry issues, including factors that are influencing trends in international real estate investment and development.
Arnstein & Lehr Chicago Partner Barry R. Katz was profiled in the September issue of Networking Insight e-newsletter as the Featured Professional. The newsletter is a publication of Jacobsohn.com, a website dedicated to providing professionals with educational opportunities related to networking.
Congratulations to the following Arnstein & Lehr attorneys for being selected to the Best Lawyers, 20th edition. They are Fort Lauderdale Partner Doug Kniskern (Trusts and Estates); Chicago Partners Allan Goldberg (Real Estate), Judy Grubner (Advertising, Patent), and Raymond Werner (Real Estate). Selection to Best Lawyers is based on “an exhaustive and rigorous peer-review survey comprised of more than four million confidential evaluations by the top attorneys in the country.”
In a world of increasing business risks, insureds often purchase one or more layers of excess coverage to secure additional protection from the unknown. Such layering of coverage, however, can trigger disputes between primary insurers and excess insurers.
In the recent decision of ACE INA Insurance v. Associated Electric & Gas Insurance Services Ltd., 2012 ONSC 6248, the Ontario Superior Court of Justice considered the issue of when an excess liability insurer would have an obligation to contribute to defence costs which are often borne by the insurer at the primary layer.
The firm of Fogler Rubinoff, with 25 lawyers, was created in 1982 through a merger of the firms of Siegal Fogler and Rubinoff and Rubinoff. During the following 30 years, the firm has more than quadrupled in size and has diversified its areas of practice, creating a full-service business law firm.
It has recently added federal labour expertise to its smaller Ottawa practice and, says managing partner Michael Appleton, would like to grow its second office. “We have clients who are active there,” he explains, adding, “I like Ottawa. It’s small and it’s growing.” More…
What is a streaming agreement?
A streaming agreement is a specialized agreement of purchase and sale for gold, silver or other precious metals pioneered by Franco- Nevada Mining Corporation in the early 1980′s. In general terms, a purchaser financing company will agree to purchase a specific percentage interest in the precious metal production (typically gold or silver) from a mine at a discounted price and for a specific time period (often the life of the mine). The financing company will make an upfront cash payment and then will purchase the commodity on an on-going basis at a price equal to the lower of a fixed price and the prevailing market price of the commodity. More…
A recent High Court decision in the United Kingdom offers a cautionary tale to those producing waste and relying on outside contractors to dispose of that waste without internal systems for verifying that the waste is being disposed of lawfully. In Mountpace Ltd. v. The London Borough of Haringey  EWHC 698, Mountpace contracted for a renovation of a London property. Part of the work included the removal and disposal of waste created in the course of renovation. Mountpace’s contractor transferred the waste to an independent waste contractor which dealt with its disposal. The
independent waste contractor illegally dumped the waste in contravention of the 1990 Environmental Protection Act. The contractor was convicted of knowingly causing controlled waste to be deposited on land without an environmental permit . Mountpace was subsequently charged with reaches of the duty of care relating to transferring waste only to an authorized person or to a person for authorized transport purposes. Mountpace argued at trial that it had reasonably relied upon the same contractor with whom it had successfully dealt previously without problem. Mountpace submitted that there was no need in the circumstances to spell anything out and that it had no reason to foresee that the contractor would use an unauthorized dumper, or “fly tipper”, as they are known in the U.K. The company defendant suggested further that it was an implied term of the contract that the contractor would dispose of the waste lawfully and that nothing which Mountpace would have done by way of spelling out in the contract or some other document more precisely by way of instruction could have, or would have, prevented this particular unauthorized dumping. The evidence disclosed that there was no clear audit trail or internal procedures to deal with contractors which took lawful waste management into account . There were no checks and balances operated by Mountpace to ensure that its contractors complied with their statutory obligations. More…
“San Bernardino city officials committed in U.S. Bankruptcy Court on Wednesday to having an “outline” by Oct. 15 to guide discussions with creditors and a mediator, saying they understood and would adjust to the judge’s impatience with earlier estimates.” Read the article.
International couples in registered partnerships should have the same right as married ones to choose which member state’s national law will govern their property rights if the relationship ends, according to a resolution passed by the European Parliament. MEPs have therefore called for draft legislation produced by the European Commission to be amended to this end.
The draft legislation sets out rules for identifying which national law applies and which court has jurisdiction in property disputes that arise during the ending of an international marriage or registered partnership. These rules will not apply to the UK, Denmark or Ireland.
The House of Commons Select Transport Committee has announced that it is to hold an inquiry into helicopter safety.
The announcement follows the crash of a Super Puma helicopter into the sea off the Shetland Islands in August, in which four people were killed, and other recent incidents involving helicopters carrying oil and gas industry personnel to and from offshore installations in the North Sea.
“Any fatal accident is a cause for concern but there have been five helicopter accidents involving personnel from the oil and gas industry in the last four years, two of which caused multiple fatalities,” commented Committee Chair Louise Ellman MP.