What does it mean to be a fiduciary?

A family member or friend has died and you are named as the executor and trustee under their will. You are flattered and honored, but you’ve never acted in this capacity before and you’re unsure of what exactly it means. One key thing you should be aware of is that, if you take the role, the law considers you to be a fiduciary –meaning your conduct will be held to high standards developed by the courts over many centuries.

The hallmarks of a fiduciary relationship, as summarized by the Supreme Court of Canada, are as follows:

  1. The fiduciary has scope for the exercise of some discretion or power.
  2. The fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary’s legal or practical interests.
  3. The beneficiary is peculiarly vulnerable to or at the mercy of the fiduciary holding the discretion or power.
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ILN Today Post

Paper contracts bite the dust

Efficiency, customer preference, speed to contract finalisation, and significant cost savings are all benefits of paperless contracts.  Are there restrictions?

The legal authority that paper is no longer required derives from Commonwealth legislation called the Electronic Transactions Act 1999.  Each state and territory has passed similar legislation. More…

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ILN Today Post

WHS obligations give employers additional rights beyond contract or agreement

A recent decision of the Fair Work Commission (FWC) has found that, in an effort to comply with work health and safety obligations, an employer is entitled to direct an employee, returning to work after an injury, to undergo additional medical assessment beyond what is contemplated in the employment contract or enterprise agreement.

What happened?

A boilermaker at a mine suffered an initial workplace injury to his shoulder.  He subsequently reinjured his shoulder outside of work, underwent surgery and was off work for eight months.  The employee provided his employer with medical certificates which did not specify his medical condition and stated that he was fit to return to his pre-injury duties.  Concerned with satisfying its obligation under the Coal Mining Safety and Health Act 1999 (Qld) (Coal Act) to ensure workplace health and safety, the employer directed the employee to attend its nominated medical specialist for a functional assessment and put the employee on paid leave for the duration of this process. More…

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ILN Today Post

Will the largest agreement in the World be achieved?

Swedish lawyer Jan E. Frydman analyzes the background for the on-going negotiations between the EU and the United States to create a transatlantic partnership on trade and investment (Trans-Atlantic Trade and Investment Partnership, or “T-TIP”), focusing on the challenge of regulatory convergence.

The purpose of the T-TIP is to reduce or eliminate barriers to trade and investment between the two economies. The idea is by no means new. Already back in 1995, both sides started an effort towards a kind of free trade agreement between the EU and the United States (the New Transatlantic Marketplace, or “NTM”). The reason was as obvious then as it is now: more trade leads to more growth and more jobs, which of course both politicians and the business community on both sides of the Atlantic wished for. A dialogue between political leaders and the business community – the Trans-Atlantic Business Dialogue (”TABD”) – also started to identify the most important barriers to trade and investment and present annual recommendations to the European Commission and the United States Government. Removing unnecessary barriers sounded obvious, but unfortunately it was – and is – not so simple. More…
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ILN Firm of the Month – Mattke – Rechtsanwaelte, Germany!

 

 Member of the International Lawyers Network

The ILN is proud to announce our latest “Firm of the Month” - MATTKE – RECHTSANWÄLTE of Frankfurt, Germany!

In an economic and legal environment that is becoming increasingly complex, Mattke focuses their legal consultancy services and the representation of their clients on issues of labor law and the pertinent areas of commercial law.

It is in particular labor law, which is constantly subject to change in Germany and Europe alike, which obligates companies to ensure that they have qualified consultants available. The scope within which a company’s management is free to implement reorganization and restructuring measures at its discretion is lastingly influenced by the network of relations formed by individual personal rights and collective labor law – to cite but two examples, the binding effect of collective agreements and the co-determination rights enjoyed at the corporate level and by works councils alike narrow that discretionary range down.’

With their profile in labor law and commercial law, they also advise members of the executive board, managing directors and executives who are in the process of making changes to their professional situation.

As members of the International Lawyers Network (ILN), the firm also assists their clients with their cross-border, international activities.

Full descriptions of Mattke’s services, expertise, and lawyer profiles are available on their ILN profile.

 

Lindsay Griffiths
Director of Global Relationship Management
International Lawyers Network

Lindsay Griffiths

Learn More

Main Contacts:

Dr. Andreas Mattke

Dr. Andreas Mattke

Email: info@mattke.biz
Telephone: +49 (0) 69 714496­‐0

Practice Groups:
Labor &
 Employment Law, including Litigation

Dr. Armin Lange

Dr. Armin Lange

Emailinfo@mattke.biz
Telephone: +49 (0) 69 714496­‐0

Practice Groups:
Labor &
 Employment Law, including Litigation

Alan Griffiths

Mattke is a strong member of the ILN’s German Group. They are talented labor specialists, who have been a solid addition to the ILN

Alan Griffiths
Executive Director
International Lawyers Network

+001.201.594.9985

www.ilntoday.com

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Week of September 8, 2014 on ILNToday – A Roundup!

It’s a beautiful fall Friday here at the ILN, and I am neck-deep in final preparations for our European Regional Meeting, which kicks off in Oslo in less than two weeks!

We’re seeing lots of great content coming through ILNToday, so grab your cup of coffee and read on!

 

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“Ask the Expert”- Employment Law Seminar

We would be delighted if you could join us at the next instalment of our “Ask the Expert” seminar, which is being held at 29 on Wednesday 8th October 2014. As always, the seminar will be jointly hosted with Syme Drummund, recruitment specialists.

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Mental Illness in the Workplace Must be Recognized and Supported

In response to the Chief Medical Officer’s Annual report, the Institution of Occupational Safety and Health (IOSH) has agreed that employers should be recognizing and supporting the effects work can have on mental illness.

Dame Sally Davies, the Chief Medical Officer, published a report released 9 September 2014 that asks employers to recognize the importance of mental illness in the work place, and offer support to employees suffering from it.

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ILN Today Post

Scotland: Currency and constitution

Fladgate has taken a close interest in the legal issues that will arise if Scotland becomes an independent nation. Our previous offerings on this subject include“Scotland and Independence – currency, banking and financial Issues” (April 2013) and “Scotland – a sterling nation?” (February 2014).

However, the referendum date – 18 September – is now under two weeks away. During August, two televised debates took place between Scotland’s First Minister, Alex Salmond, and Alistair Darling, Chairman of the “Better Together” campaign. During the course of these debates, it became abundantly clear that the currency is to be one of the key battlegrounds between the two sides in the run-up to the vote. Both sides have put forward their arguments on this subject in great depth and new issues are unlikely to arise at this late stage. This would therefore seem to be an appropriate time to reflect upon and summarise both the existing monetary arrangements and the legal options available to Scotland in the event of separation. More…

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ILN Today Post

Japanese knotweed – what’s the problem?

Japanese knotweed was originally imported from Japan as an ornamental plant, admired for its attractive white flowers. The plant’s aesthetic qualities, however, have long been overshadowed by its reputation as an invasive and destructive species, which can outmuscle other vegetation and cause serious structural damage to buildings.

In view of its possible impact on a property’s market value, as well as potentially expensive and protracted remedial works (its eradication from the 2012 Olympic site in Stratford is thought to have cost £70 million), it pays to address any knotweed growing on your land at the earliest opportunity. But what can you do if the problem is posed by knotweed growing on a neighbour’s property? More…

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