Regions

New rules on commercial trust registration

Did you know that trusts carrying on a commercial enterprise in Quebec must now be registered? Sharon G. Druker explains those new rules.

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Unfair competition, use of confidential information and solicitation

Commercial and employment relations frequently require lawyers to examine whether one party’s behaviour is contrary to explicit clauses or implicit rules on competition and on the solicitation of clients.

RSS litigators Jean-Pierre Sheppard, Normand Laurendeau and Matthew McLaughlin were recently involved in two such cases. In one case, we opposed an application for an injunction. In the other, we sought the injunction.

Guess what: we won both cases. Click here to read more about this.

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Legal obligations and rights exist, even among peers!

A process or hearing that is termed “peer-to-peer” or that places an emphasis on its informality does not deprive parties of their fundamental legal rights.

Jason S. Novak and Jacques Bélanger were recently involved in Bezina c. Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), where they successfully represented two stunt performers in obtaining wages illegally seized by their union after a movie was shot.

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You Never Know What Will Inspire You

You never know when you start each day what’s going to inspire or excite you. Last Friday was one of those days.

I started the day at our Business Law Group’s monthly meeting. First meeting of the Fall. It was set up in a conference table style, rather than our typical classroom style. I’m not sure whether it was that or that there were more people than usual, but the room felt full, with everyone really engaged (not so much checking the smartphone).

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David Austin speaks about LNG on multiple media channels

“We are at a hard bargaining stage for LNG developments and provincial and federal governments,” explains our energy lawyer David Austin, who was recently interviewed on CKNW Radio and CBC News regarding Petronas, a Malaysian state-owned oil and gas company, threatening to pull out of LNG developments in BC. David characterized Petronas’ requests as the type of negotiating that one would expect from someone who is considering a potential investment of over $10 billion. Listen here and read here to learn more about Petronas and the state of LNG in BC.

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Emergency Rulemaking Amends Single-Bed Certification Rules

On September 18, 2014, the Washington Department of Social and Health Services (“DSHS”) amended its rules regarding single bed certifications for psychiatric patients, publicized in this  Rule Making Order.  The new rules were issued in response to the recent Washington State Supreme Court decision regarding psychiatric boarding which declared the use of single bed certifications […]

The post Emergency Rulemaking Amends Single-Bed Certification Rules appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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Court Disallows Executive’s Golden Parachute Benefits

The Ontario Court of Appeal has ruled that a former public company executive is disentitled to receive “golden parachute” benefits under an employment agreement with the corporation as a consequence of the breach of his fiduciary duties.
 
In Unique Broadband Systems, Inc. (Re) 2014 ONCA538, the Court of Appeal reversed the decision of trial judge, Justice R. Mesbur in certain fundamental respects. 
 
Unique Broadband Systems, Inc. (“UBS”) is a public company listed on the TSX Venture Exchange.  In 2002, Gerald McGoey was appointed a director and acting CEO of the company and later became CEO on a permanent basis.  McGoey’s relationship with UBS was governed by a management services agreement between UBS and his personal company.  The agreement contained a “golden parachute provision” which granted McGoey enhanced termination benefits in certain circumstances.
 
UBS had in place an incentive-driven share appreciation rights plan (“SAR Plan”) for its directors and senior management.  Upon certain triggering events, a SAR unit holder would be paid an amount equal to the difference between the market trading price of a UBS share and a strike price identified in the SAR Plan. 
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HIPAA Update: Insights from NIST and OCR

Our colleagues Adam Solander and Ali Lakhani provide an update on the HIPPA Conference last week in Washington, DC. 

On September 23 and 24, 2014, the National Institute of Standards and Technology (“NIST”) and the Department of Health and Human Services Office of Civil Rights (“HHS OCR”) hosted their annual HIPAA conference “Safeguarding Health Information: Building Assurance through HIPAA security.”

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TARK GRUNTE SUTKIENE advised on the sale of Flora’s office building

TARK GRUNTE SUTKIENE advised on the sale of the office building of Flora in Tallinn at Tulika street. This building has a long and distinguished history; it has accommodated a great number of successful small and medium-sized businesses. The gross leasable area of the building is 4,400 square metres, and the new owners are Lumi Capital and Estonian private investors. The parties have agreed not to disclose the cost of the deal. AS Flora will continue the management of Flora Kaubanduse and other properties owned by Flora.

AS Flora was advised by TARK GRUNTE SUTKIENE partner Risto Vahimets.

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FIVE NEW ATTORNEYS JOIN LEWIS RICE

The St. Louis office of Lewis, Rice & Fingersh, L.C. is pleased to announce the following attorneys have joined the Firm as associates: Lisa A. Gillette, Rachel M. Hirshberg, John S. Martin, David L. Scott and Marina A. Shturmakov. All had previously participated in our Summer Associate Program. More…

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