Two for Tuesdays: What the Hashtag?

For today’s Two for Tuesdays, I’m cheating a little and giving you a preview of a post I’ve written as part of the 12 Days of Social Media, which the Legal Marketing Association‘s Social Media Shared Interest Group is putting together.  As a side note, our 12 Days posts are open to everyone (not just LMA members), and I encourage you to read through them – there are some great tips and tools in there! 

Read full article

NLRB’s Expedited Election Rules Favor Labor, Not Employers

In our new Act Now Advisory, “NLRB Adopts Expedited Election Rules, Effective April 15, 2015,” we report on the National Labor Relations Board’s new rules for representation elections. These rules will substantially shorten the time between the point when a union files a petition for a vote and the timing of the vote, severely limit the right of employers to litigate important issues before an election is held, and are expected to result in more union wins in representation votes. We include steps that employers may want to consider taking in advance of April 2015, in order to adapt to the new reality of ambush elections.

Read full article

David Austin interviewed by Global TV

David Austin was interviewed for the Global TV News Hour on Wednesday, December 10th. In the report by Keith Baldrey, David discusses how declining demand for LNG could be a problem for BC, and the psychology behind it.

Read full article

Combating Counterfeit Products Act Receives Royal Assent

On December 9,2014 Royal Assent was given to Bill C-8, the Combating Counterfeit Products Act. The intention of Bill C-8 is to give the government and holders of trade-marks and copyrights new mechanisms for enforcement, along with substantial remedies, in order to combat counterfeit and black-market goods. Before the introduction of Bill C-8, Canada had been criticized for not having meaningful policies to combat the global problem of counterfeit trafficking which flowed across Canadian borders.

Read full article
ILN Today Post

Proposed collective action in response to demand for duty on solar kits

As many would be aware, there have been issues with the tariff classification of solar kits resulting in significant demands from Customs for unpaid dumping and countervailing duty.

The demands follow a series of audits by Customs on importers of solar kits where Customs has formed its view that the imports are of “aluminium extrusions” rather than “unassembled structures“.  This has been based on a Customs Tariff Precedent as to what constitutes “unassembled structures“.  That conclusion has led to Customs pursuing demands for past dumping and countervailing duties together with the possibility of penalties for incorrect classification of the goods. More…

Read full article
ILN Today Post

Section 7C: No arbitration for you!

Section 7C of the Home Building Act (HBA) provides that “a provision in a contract or other agreement that requires a dispute under the contract to be referred to arbitration is void”.   The recent case of Cavasinni Constructions Pty Ltd v New South Wales Land and Housing Corporation [2014] NSWSC 1678) considered the application of section 7C to a detailed dispute resolution regime in a contract between sophisticated parties.  The regime involved numerous stages including expert determination and in certain circumstances, arbitration.

By way of background: More…

Read full article
ILN Today Post

Pulling rank: Federal Court reigns in scope of Superannuation Complaints Tribunal functions

Hannover Life Re of Australasia Ltd v Wright [2014] FCA 1163

  • Following an appeal by Hannover Life Re of Australasia Ltd (Hannover Life), the Federal Court has set aside a determination of the Superannuation Complaints Tribunal (the Tribunal) which ordered the redrafting of a total spine exclusion clause under insurance arrangements with UniSuper Limited (USL) in respect of optional death and disablement cover.  In doing so, the Federal Court held the Tribunal erred in its exercise of determination-making power under section 37 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) (the Complaints Act). More…
Read full article
ILN Today Post

Norman H. Zivin and Tonia A. Sayour Nominated “Legal Lions”

Cooper & Dunham attorneys Norman H. Zivin and Tonia A. Sayour, representing National Leisure Group, obtained a Federal Circuit decision invalidating a website patent applicable to the travel industry.  The Federal Circuit reversed a judgment, vacated damages awarded by a jury and sent the case back to Texas Federal Court.

As a result of this decision, Cooper & Dunham was characterized as a “Legal Lion” by Law360, a widely distributed intellectual property electronic newsletter. More…

Read full article

Fraud and Forensic Accounting Conference (Richik Sarkar)

Richik Sarkar will be a speaker at The Ohio Society of CPAs upcoming Fraud and Forensic Accounting Conference. He will speak about “Data Breach Preparedness and Response Management.”

Read full article

Fraud and Forensic Accounting Conference (Richik Sarkar)

Richik Sarkar will be a speaker at The Ohio Society of CPAs upcoming Fraud and Forensic Accounting Conference. He will speak about “Data Breach Preparedness and Response Management.”

Read full article