ILN Today Post


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 [2012] 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…

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ILN Today Post

Stradling Client San Bernadino Agrees to Bankruptcy Plan Outline Deadline

Paul Glassman, chair of Stradling’s bankruptcy and restructuring practice, was featured in an article in The Sun about the latest developments in the city of San Bernadino’s bankruptcy case.

“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.

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MEPs call for equal property rights

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.

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New inquiry into helicopter safety

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.

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Administration Rejects Labor’s ObamaCare Demands

by: Adam C. Abrahms, Kara M. Maciel, Adam C. Solander, and Steven M. Swirsky

On September 13, 2013, the Obama Administration rejected the union movement’s intense  lobbying efforts to seek a waiver, so that their members would be able to receive tax subsidies in the Affordable Care Act (“ACA”) Marketplaces for those of their members who will be offered “affordable coverage” from their employers.

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TARK GRUNTE SUTKIENE successfully represents AS Rīgas Dzirnavnieks: the case on alleged cartel initiated by the Latvian Competition Council terminated without finding violation

On 6 September 2013, after two years of investigation, the Latvian Competition Council  (the CC) terminated the case on alleged cartel agreement within the framework of participation in a number of public procurements organized by the Rural Support Service without finding violation in actions of AS Rīgas Dzirnavnieks. Irrespective of the concerns about alleged competition law violation repeatedly raised by the CC during the course of the case investigation, as the result of the case investigation the CC concluded that there had not been direct communication between the competitors on the tender proposal, and the actions of the participants of the case, when participating in the public procurements, can be justified by objective circumstances. Since March 2013 AS Rīgas Dzirnavnieks has been represented by Tark Grunte Sutkiene partner Andra Rubene, associate Māra Stabulniece and associate Matīss Rostoks.

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Complaint lodged over failing to give equal pay to agency workers

The TUC has lodged a formal complaint with the European Commission against the UK government for failing to implement the Temporary Agency Workers Directive properly, leading to tens of thousands of agency workers being paid less than permanent staff despite doing the same job.

The TUC complaint says that the UK government’s flawed implementation of the EU Directive has allowed the abuse of the so-called ‘Swedish derogation’ – where employment agencies routinely pay agency workers far less than permanent staff doing the same job.

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"The Last Word," Steve LaTourette interviewed by MSNBC

Steve LaTourette, former Congressman and President of McDonald Hopkins Government Strategies, was interviewed by MSNBC for their program “The Last Word.”

Click here to view the segment.

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"Compounding pharmacies bring health plan lawsuit," Ned Milenkovich for Drug Topics

Ned Milenkovich wrote the article “Compounding pharmacies bring health plan lawsuit,” for the September 2013 edition of Drug Topics.

Click here for full article.

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Jyotika Reddy joins the Commercial Real Estate Group at Clark Wilson

Clark Wilson LLP is pleased to welcome Jyotika Reddy as a partner in our Commercial Real Estate Group. Her practice focuses on real estate development and transactions. She regularly advises clients on the buying, selling, leasing and financing of real property, including shopping centres, hotels, office buildings and industrial properties. Jyotika was called to the British Columbia Bar in 2001.

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