Fecha de publicación: febrero 21, 2014
Fuente: Latin Lawyer
The International Lawyers Network is an association of 91 high-quality, full-service law firms with over 5,000 lawyers worldwide. The Network provides clients with easily accessible legal services in 67 countries on six continents. Learn More
Fecha de publicación: febrero 21, 2014
Fuente: Latin Lawyer
Laws and Regulations Updates
I. Explanations on Several Matters Concerning the Applicable Laws for Hearing of Mediation and Arbitration Cases in relation to Disputes on Contractual Operation in Rural Areas
In order to properly hear mediation and arbitration cases in relation to disputes on contractual operation in rural areas, the Supreme People’s Court promulgated the Explanations on Several Matters Concerning the Applicable Laws for Hearing of Mediation and Arbitration Cases in relation to Disputes on Contractual Operation in Rural Areas (the “Explanations”) on 19 January 2014. The Explanations have integrated actual practices in civil adjudication and provided detailed provisions on matters concerning the applicable laws for mediation and arbitration cases in relation to disputes on contractual operation in rural areas. The main content of the Explanations is as follows: More…
Et forsikringsselskab skulle som ansvarsforsikringsselskab for en bilist udbetale erstatning, herunder tabt arbejdsfortjeneste, til skadelidte. Som følge af ulykken fik skadelidte udbetalt et månedligt beløb fra sin egen erhvervsevnetabsforsikring (en livrente/invalidepension).
By the national OSHA Practice Group at Epstein Becker & Green
As we closed the book on 2013 — a truly remarkable year of OSHA enforcement and regulatory activity — we look to the future, and think about what to expect from OSHA in 2014. Over the next couple of weeks, we will roll out what we believe are the 5 most significant OSHA developments to monitor in 2014.
If you are interested in how accurate our past predictions have been, take a look at these articles from December 2011 forecasting five OSHA developments for 2012 and from December 2012 predicting three developments from OSHA in 2013.
In an unfortunate twist, as City of Detroit employees struggle with a city in bankruptcy, they have just learned that many of them have had their personal information exposed. On March 3, 2014, the City of Detroit announced that it recently experienced a data breach involving files that contained personally identifiable information of a large number of city employees. The city also stated that it is taking “significant measures” to inform affected employees of the breach.
On January 10, 2014, the Hon. George R. Hodges, United States Bankruptcy Court for the Western District of North Carolina, handed down a decision that promises to be a “game changer” for asbestos manufacturers facing potentially crushing mesothelioma death claims. Top Bloomberg BNA Toxics Law reporter, Perry Cooper, discussed the decision and its potential ramifications in her recent article titled, “Sides Fiercely Divided Over Impact of Garlock Asbestos Bankruptcy Court Order” (2/26/14).
On February 24, the National Association of Women Lawyers (“NAWL”) published the results of its eighth annual survey regarding the retention and promotion of women into senior and equity positions within the law firms surveyed—200 of the top national firms. The survey results were disappointing in terms of the ascension of women into equity partnership ranks and compensation when compared to male counterparts and the ability of these women to “make rain”—i.e., to convert their contacts into clients.
On February 13, 2014, OTC Markets Group published proposed amendments to the OTCQX Rules for U.S. Companies and OTCQX Rules for International Companies. The OTCQX marketplace is the premier tier of the U.S. over-the-counter markets operated by OTC Markets Group and is a preferred alternative to trading on the U.S. OTCBB.
One of the most significant changes is the closer alignment of the roles of the Designated Advisor for Disclosure (the “DAD”) for U.S. companies and the Principal American Liaison (the “PAL”) for international companies. The OTCQX Rules require that every issuer be sponsored by either a DAD or a PAL, which are approved third-party investment banks or law firms.
The Toronto Stock Exchange (“TSX”) recently amended its corporate finance manual to require each issuer to adopt a majority voting policy for its first fiscal year ended on or after June 30, 2014.
Under corporate law, a shareholder can only vote for a director or withhold their vote; they cannot vote against a director. As such, the directors with the most votes get elected, even if a majority of shareholders withheld their vote with respect to that director. A majority voting policy requires any director that is not elected by at least a majority of the votes cast with respect to his or her election to tender their resignation to the company. The company must decide within 90 days whether to accept the resignation, which it should do absent exceptional circumstances. The listed issuer must promptly issue a news release with the board’s decision, a copy of which must be provided to the TSX. If the board determines not to accept the resignation, the news release must fully state the reasons for that decision.
It has long been considered at law that an agreement to negotiate is not a true agreement and cannot be enforced. That may be changing.
In Molson Canada 2005 v. Miller Brewing Company1, Molson was seeking injunctive relief to prevent Miller from terminating a licensing agreement Miller had with Molson. Since 2010, Molson had failed to meet the targets set by the licensing agreement, as the volume of some Miller brews sold each year in Canada had declined. Given the changing Canadian beer market, the parties attempted to renegotiate the terms.