Section 7C: No arbitration for you!

Section 7C of the Home Building Act (HBA) provides that “a provision in a contract or other agreement that requires a dispute under the contract to be referred to arbitration is void”.   The recent case of Cavasinni Constructions Pty Ltd v New South Wales Land and Housing Corporation [2014] NSWSC 1678) considered the application of section 7C to a detailed dispute resolution regime in a contract between sophisticated parties.  The regime involved numerous stages including expert determination and in certain circumstances, arbitration.

By way of background: More…

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Pulling rank: Federal Court reigns in scope of Superannuation Complaints Tribunal functions

Hannover Life Re of Australasia Ltd v Wright [2014] FCA 1163

  • Following an appeal by Hannover Life Re of Australasia Ltd (Hannover Life), the Federal Court has set aside a determination of the Superannuation Complaints Tribunal (the Tribunal) which ordered the redrafting of a total spine exclusion clause under insurance arrangements with UniSuper Limited (USL) in respect of optional death and disablement cover.  In doing so, the Federal Court held the Tribunal erred in its exercise of determination-making power under section 37 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) (the Complaints Act). More…
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Norman H. Zivin and Tonia A. Sayour Nominated “Legal Lions”

Cooper & Dunham attorneys Norman H. Zivin and Tonia A. Sayour, representing National Leisure Group, obtained a Federal Circuit decision invalidating a website patent applicable to the travel industry.  The Federal Circuit reversed a judgment, vacated damages awarded by a jury and sent the case back to Texas Federal Court.

As a result of this decision, Cooper & Dunham was characterized as a “Legal Lion” by Law360, a widely distributed intellectual property electronic newsletter. More…

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Fraud and Forensic Accounting Conference (Richik Sarkar)

Richik Sarkar will be a speaker at The Ohio Society of CPAs upcoming Fraud and Forensic Accounting Conference. He will speak about “Data Breach Preparedness and Response Management.”

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NLRB Rules That Employees Can Use Company Email for Union Organizing – Affects All Employers

Our colleague Steven Swirsky at Epstein Becker Green wrote an advisory on an NLRB ruling that affects all employers: “NLRB Holds That Employees Have the Right to Use Company Email Systems for Union Organizing – Union and Non-Union Employers Are All Affected.” Following is an excerpt:

In its Purple Communications, Inc., decision, the National Labor Relations Board (“NLRB” or “Board”) has ruled that “employee use of email for statutorily protected communications on nonworking time must presumptively be permitted” by employers that provide employees with access to email at work.  While the majority in Purple Communications characterized the decision as “carefully limited,” in reality, it appears to be a major game changer.  This decision applies to all employers, not only those that have union-represented employees or that are in the midst of union organizing campaigns.

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Ronald Fieldstone speaks at 2014 Fall/Winter EB5 Conference

On November 17, Miami Partner Ronald Fieldstone was a guest speaker at the 2014 Fall/Winter EB5 conference. The conference covered all aspects of the EB5 Foreign Investor Visa program and marketing to foreign investors. He participated in two separate panels, Security Law Considerations and Sourcing EB5 Investors & Bridge Funding.

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RBI notifies new FDI Policy for railways infrastructure & defence sector

The Reserve Bank of India (“RBI”) has recently notified the Government of India’s decision to permit 100% foreign direct investment (“FDI”) in railways infrastructure (effective August 27, 2014), and increase FDI in the defence sector (effective August 26, 2014) as under:

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Randall Sidlosca discusses U.S. immigration reform on CNN Español

Randall Sidlosca
Miami Partner Randall Sidlosca was featured in a live television interview with CNN Español, discussing President Obama’s recent announcement on immigration reform. Mr. Sidlosca specifically touched upon what the public can expect from these changes and how it will impact the status of current undocumented individuals.

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Anthony Kang quoted in Bloomberg BusinessWeek of China article

Anthony Kang
Miami Partner Anthony Kang was quoted in a November 18 Bloomberg BusinessWeek Markets & Finance article about Chinese real estate investors coming to Miami.

Click here to view the article (full text is printed in Chinese).

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Dumping rates finally set in the power transformer dumping Investigation

As many would be aware, I have been involved in the Investigation regarding the alleged dumping of power transformers exported from China, Indonesia, Korea, Taiwan, Thailand and Vietnam.

The Investigation commenced on 29 July 2013 and the findings in relation to the Investigation were finally publicised by the Anti-Dumping Commission (“ADC“) in an advertisement in The Australian newspaper on 10 December 2014.  This gave notice to the decision of the Parliamentary Secretary of the Department of Industry on 4 December 2014.  The decision is certainly well after the normal 155 day period advertised for Investigations to be completed. More…

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