Monthly Archives: May 2012

Kent comments on policy issues for insurers underwriting development projects

In “Result for insurer mixed in condo cases” [Thompson’s World Insurance News April 23, 2012], Nigel Kent comments on the unusual circumstances of a case involving Lombard Insurance, underwriter for the construction and “wrap-up” period on the Marina Estates development in Squamish, BC. Nigel is Co-Chair of the Insurance Group at Clark Wilson LLP.

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AICTE Clears Way for CFA

The 5 years long legal tussle between the All India Council for Technical Education (AICTE) and the US-based CFA Institute, over the conduct of CFA examinations in India without AICTE approval, is finally nearing conclusion. At the hearing held on April 17, 2012 at the Delhi High Court, the AICTE declared that its executive committee had concluded that the existing AICTE regulations do not apply to the CFA program, thus drawing the curtains on this long drawn legal battle.

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DUE DILIGENCE FOR COMPLEX IP AND IT TRANSACTIONS

The importance of performing a complete and accurate due diligence investigation in a business transaction that involves intellectual property (“IP”) cannot be understated. Recently Nortel put its patent portfolio on the auction block, selling more than 6,000 patents covering every corner of the mobile computing and telecommunications landscape for $4.5 billion. Of the 105 companies Nortel approached leading up to the auction, 40 conducted due diligence on the patents. More…

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WEB CRAWLING, SAMPLING, HYPERLINKING AND INDEXING: IS THERE STILL COPYRIGHT ON THE INTERNET?

In an important decision recently released by the Supreme Court of British Columbia, in Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196, the Court reminded business owners that the Courts are still willing to enforce copyright on the Internet. Zoocasa, a subsidiary of Rogers Communications, operated a website which indexed real estate property listing from multiple websites, and in doing so, copied and indexed property descriptions and photographs from a Century 21 operated website. More…

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WHAT’S IN A (DOMAIN) NAME?

The Ontario Court of Appeal recently released a landmark decision in Tucows.Com Co. v. Lojas Renner S.A., 2011 ONCA 548, which supplied an answer to the long standing question as to whether a domain name is personal property of its owner. More…

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CANADA’S PATENT OFFICE TOLD TO GET WITH THE TIMES – AMAZON.COM’S BUSINESS METHOD PATENT APPLICATION SENT BACK FOR RE-EXAMINATION

In the latest chapter of a twelve-year patent battle over whether business method patents should be granted in Canada, the Federal Court of Appeal has ordered the Canadian Patent Office to review its refusal to grant a patent for Amazon.com’s “one-click” internet shopping ordering method. More…

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FINRA Rules 13201 and 13802: Arbitrating Statutory Employment Discrimination Claims

By:  John F. Fullerton III

This is the third in our series of posts on practice and procedure in employment-related arbitrations before FINRA.  Check back often for future posts, subscribe to The Bellwether, or follow @bellwetherblog on Twitter so you don’t miss any!

Once upon a time, it was mandatory under Form U4 that registered representatives file any statutory claims of discrimination (such as age, gender, or race discrimination) in arbitration rather than in court.  A well known Supreme Court case decided in 1991, Gilmer v.  Interstate/Johnson Lane Corp., upheld that requirement.  Starting in January 1999, however, the requirement for registered persons to arbitrate claims of statutory employment discrimination was eliminated from the rules of the NYSE and NASD, FINRA’s predecessor organizations.  Since then, discrimination claims still can be and often are heard and decided by FINRA arbitrators—but only if both parties voluntarily agree to arbitration, either before or after a dispute arises.  In other words, arbitration of statutory discrimination claims is no longer a required condition of employment for all registered representatives by virtue of language in the U4, but rather, must be agreed to separately in an employment agreement or an employer’s mandatory arbitration program.

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Legal 500 again ranks HOMS amongst the top legal firms in Ireland (1.5.2012)

Legal 500, the esteemed legal directory of top ranking legal firms, published the latest 2012 EMEA edition in April 2012. Our submissions were once again successful due to our client’s continued support and we continue to rank amongst the top legal firms in Ireland.

Many thanks to all of our clients who have acted as referees for us.

You can view Legal 500’s comments in respect of HOMS on their website www.legal500.com.

To View Entire Article  CLICK HERE…

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