Regions

Compliance in times of uncertainty – dealing with new and missing regulation

Introduction

One of the key elements of good regulation is to ensure that the regulation is transparent and known to those who it affects and must observe the regulation.  This is the reason why there are procedures in place to ensure that proposed new regulation and changes to regulation are communicated to those affected well in advance to their introduction to allow for proper response to the implementation.

Although the notion that “Ignorance of law is no excuse” does exist, I think that it is accepted by all that reliance on that notion is not advisable and that it is in everyone’s interests for law and regulation to be communicated and understood before it commences.  After all, the aim of law and regulation is not to raise revenue from breaches of an unknown law but to secure the aims of the law and regulation by their observance. More…

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Lidings conducts a large-scale road show in China

Lidings’ partner Stepan Guzey and counsel Vadim Konyushkevich took a two-week long (28 February – 11 March 2015) journey to China visiting all of the country’s major industrial and business centers including Hong Kong, Guangzhou, Shanghai and Beijing.

During their visit to Hong Kong, Mr. Guzey and Mr. Konyushkevich discussed ongoing and future projects with the firm’s long-standing client – a large investment fund with over US $ 4.6 bln. worth of asset under management. They also held a series of meetings with partner law firms located in Hong Kong.

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Larry Yen to present in Shenzhen, China

On April 2, 2015, Larry Yen, along with TMX Equity Transfer Services and HQ Vancouver, is hosting Destination Canada at the Futian Shangri-La Hotel in Shenzhen, China. A representative from each company will speak on setting up regional headquarters in Vancouver, TMX markets and the legal and regulatory environment. Honourable Teresa Wat, Minister of International Trade at the Government of BC, is keynoting the event.

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How to make a group gift like Coach Dean Smith’s

Recent media reports state that Dean Smith, coach of the University of North Carolina Tar Heels basketball team, left a gift of $200 to each former letterman player that he coached. One of the players posted a copy of the letter and cheque on Twitter and it went viral.

Occasionally our clients wish to do something similar, for example business owners wanting to leave gifts to employees of their company. Such gifts tend to leave a significant emotional impact regardless of their amount, in part because they are usually unexpected.

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Managing the transition: the impact of Canada’s amended Trade-marks Act on pending trade-mark applications

iStock_000000423466SmallThe recent amendments to Canada’s Trade-marks Act present many interesting opportunities and challenges to brand owners and their counsel.  This article focuses primarily on the impacts for Canadian trademark applications that are pending at the time the amended Act comes into force—that is, applications that have been filed with the Canadian Intellectual Property Office (CIPO) but that have not yet issued to registration.

As a preliminary comment, there is, unfortunately still no clarity about when the amendments to the Act will come into force. When the amending legislation was passed, CIPO initially indicated that the effective date could be as early as late 2014; subsequent projections were revised to mid-to-late 2015. More recent comments from CIPO suggest that mid-2016 is a more realistic timeframe.  The delay is apparently related to the magnitude of the IT changes required, particularly as connected to implementation of the Madrid  Protocol, to which Canada is becoming a party.

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Unjust contract protections to extend to small businesses

The Government has announced that it intends to extend legal protections against unfair contract terms to small business.

This initiative may have significant effect on transactions like equipment finance, commercial lending, and other supplies to small businesses.  There is potential for distribution agreements such as broker contracts and financial services distribution agreements to be affected.

The Australian Consumer Law (ACL) currently contains provisions to protect consumers from unfair contract terms in standard form contracts. Unfair terms include terms which permit one party but not the other to exercise certain rights, such as the right to renew, vary or terminate the contract. The ACL gives the courts power to declare unfair contract terms void. More…

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Compliance in times of uncertainty – dealing with new and missing regulation

Introduction

One of the key elements of good regulation is to ensure that the regulation is transparent and known to those who it affects and must observe the regulation.  This is the reason why there are procedures in place to ensure that proposed new regulation and changes to regulation are communicated to those affected well in advance to their introduction to allow for proper response to the implementation.

Although the notion that “Ignorance of law is no excuse” does exist, I think that it is accepted by all that reliance on that notion is not advisable and that it is in everyone’s interests for law and regulation to be communicated and understood before it commences.  After all, the aim of law and regulation is not to raise revenue from breaches of unknown law but to secure the aims of the law and regulation by their observance. More…

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McDonald Hopkins moves to a new home in the Arena District

COLUMBUS, Ohio (March 30, 2015) – McDonald Hopkins LLC has opened its doors in the Arena District, consolidating two offices into one at 250 West Street, Suite 550. The business advisory and advocacy law firm is leasing 9,000 square feet in one of downtown Columbus’ most popular areas.

McDonald Hopkins has been expanding its Columbus presence since merging last year with Welin, O’Shaughnessy + Scheaf, a boutique law firm specializing in construction law, complex business litigation and oil and gas litigation. “We are very excited that our new location enables us to continue our growth in the Columbus market,” said Peter D. Welin, managing member of McDonald Hopkins’ Columbus office.

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Data Privacy and Cybersecurity Alert: Communications sector adopts first-of-its-kind cybersecurity measures

For the first time, the communications industry has critical guidance and recommendations for cybersecurity protection. That’s because a multidisciplinary group formed by the Federal Communications Commission (FCC) examined the cybersecuity risks to the communications sector and adopted an extensive 415-page report that contains first-of-its-kind cybersecurity measures for the communications industry to follow. This report – “Cybersecurity Rick Management and Best Practices Working Group 4: Final Report” (Report) – was issued on March 18, 2015, by the FCC’s Communications Security, Reliability, and Interoperability Council (CSRIC). The Report is expected to be an important tool for other industries looking to implement measures to guard against cybersecurity risks.

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You’ve Been Sued: 4 Non-HIPAA Claims in Data Breach Cases

“There is no private right of action under HIPAA.”  This oft-repeated rule is a source of comfort for many health care entities. Of course, patients can file complaints with the Office of Civil Rights or State Attorneys General, but a “HIPAA cause of action” does not exist. So what is the basis for the many […]

The post You’ve Been Sued: 4 Non-HIPAA Claims in Data Breach Cases appeared first on OMW Health Law.

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