National Energy Board backs Kinder Morgan pipeline—on 157 conditions

The NEB has recommended that the federal government approve Kinder Morgan’s $6.8B project to carry oil from Edmonton to Burnaby at a rate of 890,000 barrels/day. The NEB made the recommendation contingent on 157 conditions, including a plan to offset greenhouse gas emissions. David Austin, interviewed by the Financial Post, said that this is a novel condition. Read the full article to learn more.

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How to buy or sell a business

Don Sihota’s latest seminar–How to Buy or Sell a Business–will take place at our offices next Thursday, May 26, 2016 from 8:30 am to 1:00 pm. Don will be hosting private company business owners who are planning their exit strategy and others who are seeking to grow their business through acquisitions. Register now.

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ILN Today Post

LexCounsel Law Offices LexUpdate – May 24, 2016

Intellectual Property

Government approves National Intellectual Property Rights Policy: “Creative India; Innovative India” – TheGovernment of India has approved the National Intellectual Property Rights (“IPRs”) Policy which is stated will lay the future roadmap for intellectual property in India. The Policy has the following objectives:

· IPR awareness and promotion: Outreach and Promotion – To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.
· Creation of IPRs – To stimulate the generation of IPRs.

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ILN Today Post

Self-Regulatory Principles Applied for First Time to Mobile Apps and Discussed at DAA and ASRC Events

The advertising industry’s self-regulatory enforcement group issued its first actions applying its mobile principles.

The Online Interest-Based Advertising Accountability Program (the Accountability Program) administered by the Advertising Self-Regulatory Council (ASRC) issued three decisions applying the Application of Self-Regulatory Principles to the Mobile Environment (the Mobile Principles) under the Self-Regulatory Principles for Online Behavioral Advertising (the OBA Principles) set forth by the Digital Advertising Alliance (DAA). The Mobile Principles address the unique aspects of the mobile environment and are designed to maintain a consistent approach to notice and choice for interest-based advertising (IBA).

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Will Sad Facts Make Bad Law?

Despite popular opinion, lawyers and judges are human and sometimes the facts of a case make it near impossible for judges to play the role of the modest umpire calling balls and strikes described by Chief Justice Roberts in his confirmation hearing.  Sometimes, bad facts make bad law because the plaintiff is so sympathetic that the just ruling may not be the “right” one.  Fachon v. U.S. Food and Drug Administration et al., appears to be the epitome of this.

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Defend Trade Secrets Act of 2016 Signed Into Law – Employment Law This Week

David Clark, contributor to this blog and Senior Counsel at Epstein Becker Green, is featured on Employment Law This Week, discussing the Defend Trade Secrets Act of 2016 (DTSA).

Under the DTSA, employers can now sue in federal court for trade secret misappropriation. Though there is some overlap with the Uniform Trade Secrets Act—adopted in some version by 48 states—the DTSA marks a notable change in how these cases are litigated, creating a federal civil cause of action. The new law contains broad whistleblower protections and new requirements for employers to give notice of these protections.

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Supershuttle Loses Rebuttal – Canadian Registration Scuttled

In a recent Federal Court of Canada (the “FC”) decision, 2015 FC 1259, the FC dismissed an appeal by Supershuttle International, Inc. (“Supershuttle”) to overturn a decision of the Registrar of Trade-marks (the “Registrar”), expunging its Canadian trade-mark registration for SUPERSHUTTLE (the “Mark”) for non-use.

Supershuttle provides ground transportation services to and from airports in cities that are all located outside of Canada.  Canadians wanting to utilize Supershuttle’s services can and do book tickets and make reservations through their website, which is accessible to persons who are physically in Canada.  In December 2003, Supershuttle registered the Mark in Canada for use with “airport passenger ground transportation services” (the “Registered Services”).

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Sickness absence

Two recent court decisions have highlighted issues surrounding sickness absence, which provide some very useful guidance for employers when dealing with this issue. The first of these concerned the contractual status of absence procedures and the second a situation in which an employee was exaggerating the severity of an injury.

Absence policy incorporated in contract

In Department of Transport v Sparks and Others, the Court of Appeal upheld a finding that procedures in a staff handbook regarding absence management had been incorporated into the employees’ contracts of employment.

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Maryland Expands State Equal Pay Act and Broadens Employees’ Right to Discuss Wages

Maryland has now joined New York and several other states that have recently passed legislation expanding state equal pay laws and/or broadening the right of employees to discuss their wages with each other (often called “wage transparency”). The Equal Pay for Equal Work Act of 2016 (“Act”), signed by Governor Hogan on May 19, 2016 and set to take effect October 1, 2016, amends Maryland’s existing Equal Pay law (Md. Code, Labor and Employment, §3-301, et seq.), which applies to employers of any size, in several significant aspects.

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Lidings’ Partner Sergey Kislov Appointed as an Arbitrator of the Arbitration Court before Independent Arbitration Chamber

Lidings’ dispute resolution practice partner Sergey Kislov has been appointed as an arbitrator of the Arbitration Court before Independent Arbitration Chamber in Moscow.

Sergey Kislov is a seasoned Russian dispute resolution expert. He has extensive experience in bankruptcy and insolvency proceedings, as well as advising clients on corporate conflict prevention, business restructuring and sales of distressed asset. His professional portfolio boasts over 150 successful cases in arbitrazh courts and courts of general jurisdiction. Sergey authored multiple articles on dispute resolution, and frequently acts as expert at key legal events in Russia and abroad.

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