ILN Today Post

Kochański Zięba Rapala & Partners Defend An Auto-Świat Journalist Before the European Court of Human Rights

The European Court of Human Rights decided to pursue a complaint submitted to the Court by advocates from the Litigation and Arbitration Department of Kochański Zięba Rapala and Partners.

The complaint was submitted on behalf of Krzysztof Koniuszewski – a journalist from Auto-Świat, a weekly magazine published by Ringier Axel Springer Polska – who was sentenced for defamation by a legally-binding decision of the Regional Court in Warsaw.  More…

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ILN Today Post

PAMDA changes to cut red tape: what you need to know

The Property Agents and Motor Dealers Act 2000 (QLD) (Act) will be repealed on 1 December 2014 and replaced with four new Acts, namely:

  • Property Occupations Act 2014;
  • Motor Dealers and Chattel Auctioneers Act 2014;
  • Debt Collectors (Field Agents and Collection Agents) Act 2014; and
  • Agents Financial Administration Act 2014.

More…

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ILN Today Post

China deal closes off the promised Asian FTA trifecta

Australian exporters are set to benefit from an historic trade agreement signed today between Australia and its largest trading partner, China. This deal, which took 9-years of negotiation, represents a victory for bi-lateral trade and an expansion of the economic relationship beyond mineral and resources, which have dominated the relationship over the last decade.

The biggest wins are arguably in agriculture, services and investment, and it is fair to say that this agreement goes far beyond any other agreement China has signed to date. More…

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Marion Allan to present at the CBABC Ninth Annual Conference

Marion Allan will be presenting on the subject of elder law for everyone at the Canadian Bar Association BC Branch’s Ninth Annual Conference taking place in Scottsdale, Arizona this weekend.

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DC Circuit Stays Halbig Action Pending SCOTUS Review of King, Upholds Accommodation for Contraceptive Coverage

Stuart M. GersonOnly last week, we informed you of the Supreme Court’s somewhat surprising grant of cert. in the Fourth Circuit case of King v. Burwell, in which the court of appeals had upheld the government’s view that the Affordable Care Act makes federal premium tax credits available to taxpayers in all states, even where the federal government, not the state, has set up an exchange.

The Administration has taken something of a PR buffeting in the week following, after its principal ACA technical advisor’s comments on this issue were made public.

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Duty of Honest Performance of Contracts Recognized in Canadian Common Law

In a landmark decision, released on November 13, 2014,  (Bhasin v. Hrynew 2014 SCC 71), the Supreme Court of Canada recognized a new common law duty for parties to a contact to perform their contractual obligation honestly and in good faith, i.e. a duty of honest performance.   The recognition of this duty represents a change in the law in Canada. 
 
In this case, the plaintiff, Mr. Bhasin, operated a business in Alberta selling registered education savings plans on behalf of Canadian American Financial Corp.  (“Can-Am”).  After almost 10 years, Mr. Bhasin and Can-Am entered into a new agreement governing their relationship featuring a three year term which renewed automatically unless one party gave 6 months’ notice of termination. 
 
The defendant, Mr. Hrynew, a direct competitor of Mr. Bhasin, began working for Can-Am with a view to merging his business with Mr. Bhasin’s business.  Mr. Hrynew was placed in the position of “auditing” Mr. Bhasin’s business.  Can-Am repeatedly misled Mr. Bhasin about Mr. Hrynew’s duties and obligations as an “auditor” as well as the plan to merge Mr. Hrynew’s business with Mr. Bhasin’s.  Ultimately, Can-Am gave notice that it did not intend to renew Mr. Bhasin’s agreement resulting in the loss of value that Mr. Bhasin had built over a period of almost 10 years.  Mr. Bhasin’s sales force was subsequently assumed by Mr. Hrynew.
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Week of November 10, 2014 on ILNToday – A Roundup!

We’re mid-way through November (when did that happen?) and the first flakes of snow were falling already last night! I’m having a bit of trouble wrapping my mind around being in a tropical climate this time next week and packing for the same, but I’m looking forward to getting our Regional Meeting of the Americas underway!

Since I’m busily wrapping up conference details, I will get on with the roundup!

 

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ILN Today Post

German lawyers cause damage in Germany

An English broker of derivative investments has brought a claim against a German law firm, claiming that the firm wrongfully induced the broker’s clients to breach their contracts by persuading them to bring claims against the brokers in Germany in breach of exclusive jurisdiction clauses in favour of the English court.

The broker claimed that the lawyers had induced 70 of their former clients to bring claims in Germany, in which they acted for the claimants, resulting in financial losses in excess of £2 million, including the costs of defending and settling those claims. More…

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OPM Issues Ebola Guidance to FEHBP Carriers

As Ebola has become a worldwide threat, the U.S. Government has provided guidance to prepare numerous agencies and entities that may become involved or affected by Ebola.  On November 7, 2013, the Office of Personnel Management (OPM) issued guidance to Federal Employee Health Benefit Program (FEHBP) carriers on their responsibilities for handling members who have been exposed to or infected with the Ebola virus. FEHB Program Carrier Letter No. 2014-26 is available at http://www.opm.gov/healthcare-insurance/healthcare/carriers.

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Miller Samuel Movember Update – Week 2

The halfway point has been reached.  Whilst Ryan continues to sport the goatee look, the others have adopted the old school approach.  There are definitely a couple of Tom Selleck challengers.  All appear to have aged during the process.  Possibly time for moustache wax to be purchased…..

If you are able to spare a few pennies for Cancer Research please click on this link. The fight against cancer is one which is important to us all and any and every donation is very much appreciated.

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