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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Parties Gearing Up For Chevron’s Ecuadorean Pollution Case at the Supreme Court

The Canadian Bar Association (“CBA”) announced last week that it was withdrawing its application to intervene before the Supreme Court of Canada in the pollution case of Chevron Corporation et al. v. Yaiguaje, et al.  The original US$19 billion judgment of a court in Ecuador was one of the largest judgments ever imposed by a court for environmental pollution.

The CBA said that its Intervention Policy required that its Legislation and Law Reform Committee sanction the factum before it could be filed with the court.  In this case, the Committee concluded that while the factum was well-drafted and of a high standard of quality, it did not meet the specific requirements of CBA’s Intervention Policy.  As a result, the CBA concluded that without certification of the factum, its intervention could not move forward and would be withdrawn.
The withdrawal was reported as an “eleventh-hour reversal” by the CBA.   It had planned to intervene at the Supreme Court on behalf of Chevron in its on-going battle involving enforcement of the judgment obtained by Ecuadorian indigenous plaintiffs for pollution of their lands in the Amazon basin rainforest.  After a lengthy legal battle that has lasted nearly 20 years, an Ecuadorian court found Chevron liable for oil pollution.  The nearly US$18 billion damages awarded in 2011 was reduced by appeal courts in Ecuador to US$9.5 billion.  
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Design Patents – Taking a Closer Look at These Valuable Assets

Intellectual property shareholder, Sarah Brooks, and associate, Salil Bali‘s article, “Design Patents – Taking a Closer Look at These Valuable Assets” was published in The Fall 2014 “New Matter” Intellectual Property Publication. More…

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Proposed Changes Impacting Charitable Giving

The government tabled a detailed Notice of Ways and Means Motion today to implement a number of changes announced in Budget 2014, as well as other measures. One of these changes will provide greater flexibility with respect to charitable gifts that are made in a will.

Currently, any charitable gifts in an individual’s will are deemed to have been made by the individual immediately before they died and the donation tax credits that arise from the charitable gift can be used in the deceased’s terminal tax return or the immediately prior tax return. It is not possible for any excess credits to be used by the estate to offset any income that may be earned by the estate.

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Comply, Offset or Pay: BC To Regulate LNG Export Facilities on CO2 Emissions

Today, 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.

Under the Greenhouse Gas Industrial Reporting and Control Act, natural gas cooling facilities must meet a benchmark of 0.16 carbon dioxide equivalent (CO2e) tonnes per tonne of LNG produced. Per the BC Government background statement,  leading global LNG facilities have emissions intensities between 0.18 and .027 tonnes of CO2e per tonne of LNG produced.

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Kochański Zięba Rapala & Partners Law Firm has won a case for the editors-in-chief of the daily “Fakt” tabloid newspaper and its website against the General Inspectorate for Road Transport

On 14 October 2014, the Court of Appeal in Warsaw dismissed an appeal in whole which was submitted by the General Inspectorate of Road Transport in a case brought against the editors-in-chief of the daily “Fakt” tabloid newspaper – G. Jankowski and R. Feluś, and the editors-in-chief of its accompanying website, – K. Sielicka and M. Wodziński, which recognized that the Judgment issued by the court of first instance corresponds with law.

The Court of Appeal dismissed the appeal in whole which was submitted by GIRT, and demanded that the original Judgment issued by the Regional Court be overturned and that an order was made for the publication of a rectification to the information published in Fakt and on the website in articles entitled: “They tell us to impose fines”, “Imposing fines as piecework” and “A secret order: the more fines imposed, the higher the salaries.”  More…

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ADC initiates new investigation into alleged dumping of steel reinforcing bar

The ADC has achieved the “ton” with the issue of ADN 2014/100 on Friday, 17 October 2014.

Click here to view the ADN.

The Investigation was initiated at the application of OneSteel. More…

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Court of Appeal – Proposed new regime for civil appeals and applications

On 9 September 2014, the Courts Legislation (Miscellaneous Amendments) Act 2014(Vic) (the Act) was assented and will come into effect on 10 November 2014.  The Act makes various amendments to the Supreme Court Act 1986 (Vic) and proposes a new regime for the Court of Appeal to hear civil appeals and applications.

The purpose of the Act is to further improve timeliness of the civil appeal process.  More…

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"TAX TIPS: ‘Material participation’ can be tough to prove," Carl Grassi for Crain’s Cleveland Business

Planning to transition the ownership and management of a business from the retiring “boomer” generation to the next generation presents challenging business, tax and other legal issues.

One issue in structuring this transition is how a retiring business owner can “materially participate,” and therefore be considered active in the business for tax purposes, after he has transitioned the business to his children.

A taxpayer who is active in a business can take advantage of several tax planning techniques, such as reducing the Net Investment Income (“NII”) tax on S corporation profits.

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Clark Wilson acts for C. Fipke Holdings Ltd. to sell stake in Etaki Diamond Mine

Clark Wilson acted for renowned Canadian geologist Charles Fipke and C. Fipke Holdings Ltd. in connection with the sale of Fipke’s 10% stake in the Ekati diamond mine. Fipke’s interest was sold to existing joint venture partners Dominion Diamond Corporation and Dr. Stewart Blusson. Adam Dlin led Clark Wilson’s legal team comprised of Virgil Hlus, Aaron Singer and Areet Kaila. Learn more.
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