North America

A Student’s Perspective – The perfect interview : the elevator, the lobby, the boardroom and the exit

Have you ever wondered when an interview really begins? Well I am of the philosophy that once you press that elevator button, your journey commences. At RSS, that elevator ride, 20 seconds flat, leads you to the 46th floor where you will be warmly welcomed into a black marble lobby with a peripheral view of one of the most beautiful cities in the world, Montréal. At this very moment, you have to be less focused on what is around you and more focused on your plan de match.

What would happen if you met an interviewer or a colleague of the interviewer(s) in that very elevator? Ironically enough, would you be capable of making an “elevator pitch” ? The clock is ticking, you have 20 seconds…

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Location Matters: The Perils of Geographic Names as Trade-marks

When choosing a trade or business name it may seem like a good idea to incorporate the location of your business into the name. There are benefits: it is helpful for marketing, it gives your audience an idea of where your business is and who your market is, it can help establish your business in a neighborhood, and it can help you build a brand based on community and locality.

However, using the location of your business in your trade or business name can cause difficulties when it comes to registering that name as a trade-mark. Under section 12(1) (b) of the Trade-marks Act, a trade-mark is not registerable if it is clearly descriptive or deceptively misdescriptive of the place of origin of the goods or services with which the trade-mark is used, unless that trade-mark has acquired distinctiveness through its use.

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Federal trade union regime: back to the future!

February 4, 2016 — Last spring, the federal government caused quite a stir within trade unions with the adoption of Bill C-525, that tightened the rules for the accreditation of a union while facilitating the revocation of certification. The Bill came into force on June 16, 2015.

In April, RSS had issued a bulletin on this amendment.

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(Français) Témoignage d’une étudiante – Un environnement de choix

Lorsque j’ai entamé le processus de course au stage, ma principale inquiétude à l’idée de travailler dans un cabinet d’envergure était celle de ne pouvoir poursuivre toutes mes activités et implications personnelles. Or, dès la première entrevue, j’ai été séduite par l’ouverture de RSS. En effet, mon cursus autre qu’universitaire a été considéré comme un atout à mes compétences professionnelles par les avocats intervieweurs.

RSS permet de développer nos compétences et connaissances en droit et de favoriser l’épanouissement de nos qualités humaines, dans un environnement de travail empreint de respect et d’ouverture. L’excellent encadrement que nous donnent les avocats de RSS nous confère un haut niveau de formation professionnelle, autant en termes de connaissances, de pratique du droit que d’éthique.

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If You’re Just Hearing About Multiplatform Publishing, It May Already Be Too Late

Have you heard of Digital Darwinism?

You can probably wager a guess at what it means. As it relates to multiplatform publishing, it holds that the brands that can’t adapt will not survive this content revolution. More specifically, brands that don’t seek to reach customers everywhere, and in real time, will be left in their competitors’ digital dust. 

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Former Miami Commissioner Marc D. Sarnoff joins Shutts & Bowen

MIAMI — February 2, 2016 — Former City of Miami Commissioner and Miami Commission Chairman Marc D. Sarnoff has joined Shutts & Bowen LLP. He will be a Partner in the Government Law and Land Use Practice Groups in the firm’s Miami office.

Mr. Sarnoff served the city for nine years until November 2015, representing City of Miami residents from Coconut Grove, Brickell, Downtown, Edgewater, Biscayne Boulevard, and Morningside. He served as Chairman of the City Commission, the Downtown Development Authority and the Omni Community Redevelopment Agency. During Mr. Sarnoff’s tenure, Miami witnessed hundreds of millions of dollars in new investment in the city, booming tourism and greatly expanded cultural opportunities.

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Receivers, Lenders and Investors Should Know about the Uniform Commercial Real Estate Receivership Act, says Shutts partner Michelle Hendler

According to an article published in the Daily Business Review by Miami partner and creditors’ rights attorneyMichelle Hendler, receivers, lenders and investors should pay attention to recent developments by the Uniform Law Commission, a group of 350 commissioners appointed to “bring clarity and consistency” to various laws.

The ULC is recommending that the Uniform Commercial Real Estate Receivership Act be adopted in Florida. The Receivership Act would apply to receiverships for commercial real property and gives the receiver powers similar to a bankruptcy trustee. Receivers control and maintain property in order to preserve the value of the property and minimize liability and costs.

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NYC Marathon Organizer Sued Over Alleged Illegal Lottery

Two Utah residents have filed a class action lawsuit in a New York federal district court against the organizer of the New York City Marathon, claiming that the method it uses to select runners to participate in the race is an illegal lottery. Although the lawsuit alleges specific violations of New York State’s lottery law, the lawsuit may have a far reaching impact on the way companies in a broad range of industries make tickets available for concerts, athletic contests, and other events.

Complaint
The plaintiffs allege that there are more runners who want to participate in the New York City Marathon than available spots and that, as a result, the organizer – New York Road Runners, Inc. – uses a “random, chance-based drawing or lottery” to determine who can participate. This system, the plaintiffs contend, involves prospective runners paying a non-refundable fee for the chance to win a “prize” – the right to run in the marathon.

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New Jersey District Court Allows Trade Secret Misappropriation Claims to Proceed Despite Finding Subsequent Employer Did Not Induce Breach of Restrictive Covenants

Anthony J. LauraThe Chief Judge of the District of New Jersey has highlighted the distinction between the proof requirements for interference with a competitor’s restrictive covenants with its former employee and for misappropriation of the competitor’s trade secrets through that employee.

In Baxter Healthcare Corp. v. HQ Specialty Pharma, the court granted summary judgment for HQ on Baxter’s tortious interference claim but denied it on Baxter’s claims for trade secret misappropriation.  Finding that a critical element of tortious interference is actual knowledge of the contract whose breach has allegedly been induced, the court held that Baxter’s lack of evidence showing HQ actually knew that a scientist it hired from Baxter had any restrictive covenants with his former employer required summary judgment in HQ’s favor.

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Lewis Rice Names Nine New Members

The St. Louis office of Lewis Rice LLC is pleased to announce it has named nine new members. Al Ludwig practices in the Corporate Department, while Derick C. Albers, Gregory D. Bulgrin, Jennifer L. Gustafson, Taylor Matthews, Sarah E. Mullen, Corey M. Schaecher, Oliver H. Thomas, and David A. Weder practice in the Litigation Department.

A former licensed CPA, Derick C. Albers represents and advises banks, financial services companies, insurers, corporations, and other clients on a range of litigation and corporate issues. His litigation practice focuses primarily on complex commercial litigation, banking litigation, insurance litigation (including coverage disputes), trust and estate litigation, real estate litigation, and shareholder disputes.

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