North America

Richard Weiland and Marion Allan to present at CLE

Richard Weiland is presenting today at the Estate Planning Update 2014 for the Continuing Legal Education Society of BC. Richard will be speaking on the topic, “A Trust’s Three Tax Challenges that Every Estate Planner Should Understand”, which include the attribution rules, the 21 year rule and taxation of trust distributions. At tomorrow’s Estate Litigation Update 2014, Marion Allan will be presenting on the topic, “Mediation/Arbitration/Settlement Conferences”, which will discuss using the best process in the appropriate case, preparation for the proceeding, promoting a consent resolution and documenting the settlement.

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The 5 Issues That Trouble Regulators When Evaluating Direct-to-Consumer Telehealth

There can be no question that telehealth has gone mainstream.  The numbers speak volumes. Telehealth companies have been able to raise almost $500 million since 2007 according to a noted venture capital analyst.  A recent study indicated that U.S. employers could save up to $6 billion a year through telehealth.  Per the American Telemedicine Association, more than half of all U.S. hospitals now offer some form of telehealth service.  Some leading analysts estimate that global revenue for telehealth will reach $4.5 billion by 2018, and the number of patients using telehealth services will rise to 7 million by the same year.   I can cite countless examples showing the bullish trajectory of telehealth.  But problems remain.

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Indiana Appellate Court Reverses Non-Compete Injunction Bond Of Only $100

The size of an injunction bond is not a common topic in appellate cases. Accordingly, a recent decision by the Indiana Appellate Court reversing the trial court’s setting of an injunction bond at only $100 in a non-compete case is noteworthy.

In Donald Moss v. Progressive Design Apparel, Inc., the Indiana Appellate Court affirmed a preliminary injunction which restricted a salesman’s ability to call upon customers of his former employer or disclose confidential information. As part of the trial court’s order granting injunctive relief, the trial court found that the enjoined salesman’s foreseeable loss in commissions due to the injunction “might be $60,000, less what he would have in the way of earnings from the extra ten to fifteen hours a week he would have by not selling” to one of his former employer’s customers. Nevertheless, the trial court only required the former employer to post a $100 injunction bond, which the Appellate Court held was insufficient.

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Sheila Cesarano Recognized as One of the Top 20 Women in Law

DAILY BUSINESS REVIEW, OCTOBER 15, 2014

Sheila Cesarano has been recognized as one of the Top 20 Women in Law in South Florida, by the Daily Business Review. An accomplished attorney, Ms. Cesarano was selected due to the longevity of her career as a high-caliber litigator. She, along with all honorees, was recognized at a luncheon on October 15, 2014. More…

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Ontario Court Upholds Citizenship Oath’s Allegiance to the "Queen of Canada"

The Canadian Citizenship Act (“Act”) requires permanent residents who wish to become Canadian citizens to swear an oath or make an affirmation in the following form:
 
I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada Her Heirs and Successors and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen. 
 
In the case of McAteer v. Canada (Attorney General), 2014 ONCA 578, the appellants objected to the portion of the oath that referred to being faithful and bearing true allegiance to the Queen, her heirs and successors.  They asserted that the requirement to swear or affirm allegiance to the Queen in order to become a Canadian citizen violated their rights of freedom of conscience and religion, freedom of expression and equality under the Charter of Rights and Freedoms.  They argued that the government could not justify any such violation as being a reasonable limit in a free and democratic society and sought a declaration that the impugned section of the Citizenship oath was optional. 
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"When a Contractor Defaults, Who Has Priority? Surety or Bank?," by Manju Gupta for the Turnaround Times

The construction industry has recently boomed, with the industry adding 20,000 jobs nationally in August, and employing 6.1 million Americans, the highest number since May 2009.

Accordingly, with construction loans on the rise and performance and payment bonds securing most construction projects, it is important to understand the legal rights of all concerned.

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"FDA’s LDT proposal means ‘whole new ballgame’ for labs," Rick Cooper and Jane Pine Wood featured in CAP TODAY

October 2014—The Food and Drug Administration’s plan to subject many laboratory-developed tests to a new layer of regulatory requirements over the course of the next decade is drawing sharply contrasting reactions from stakeholders who view it as either an essential step to improve patient safety or a hindrance that will stifle diagnostic innovation and test improvement. 

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Our energy lawyer David Austin speaks on mega project Site C dam

Our energy lawyer David Austin was quoted in Energetic City and Business in Vancouver regarding the cost of building the Site C dam mega project. Mr. Austin explains that the government is dramatically underestimating the cost of the dam by not taking into account a rising inflation rate.

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Warren Brazier republished in BC Business

Warren Brazier’s Megawatt blog post from yesterday, Comply, Offset or Pay: BC To Regulate LNG Export Facilities on CO2 Emissions, has been republished by BC Business. In the article, Warren discusses how the BC Government introduced new legislation aimed to help BC meet its greenhouse gas emission targets by imposing environmental standards on liquefied natural gas (LNG) export facilities operating within the province.

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Role of the United States Securities and Exchange Commission in the EB-5 Program. Current Trends and Suggestions for Future Guidance

The EB-5 industry involves either (i) a direct investment in a project company or (ii) the formation of a new commercial enterprise entity (herein referred to as the “NCE”) in order to make (A) a direct investment in the job creation entity (“JCE”) or (B) a loan to the JCE.  In each case, the intent is to create jobs to comply with the requirements of United States Citizens and Immigration Services (“USCIS”).  In connection therewith, beginning in 2012, the Securities and Exchange Commission (“SEC”) has taken a far more active role in cooperating with USCIS to ensure compliance with the anti-fraud provisions of the various securities laws that regulate the sale of United States securities, even if the sale is conducted offshore pursuant to a Regulation S exemption under the Securities Act of 1933, as amended (the “Securities Act”).

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