Monthly Archives: May 2012

Business breakfast on the topic “The latest tendencies of control by the STI in 2012 – what you should now and how you should react”

Tax consultants Loreta Antanaitienė and Dainius Daugirda from law firm TARK GRUNTE SUTKIENE organised a business breakfast for clients of the firm on the topic “The latest tendencies of control by the STI in 2012 – what you should now and how you should react”.

The speakers informed the participants about the control projects currently undertaken by the STI, overviewed the highest visible risks of tax non-payment or incorrect use of tax reliefs, frequent violations. They also advised how one should behave once the STI initiates control procedures.

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Marianna Jasper joins Clark Wilson

Clark Wilson LLP is pleased to welcome Marianna Jasper as an Associate in our Business Litigation Group. Prior to joining us, Marianna articled and practiced at a prominent regional firm, focusing on public law and regulatory disputes. Marianna was called to the Bar of British Columbia in 2008.

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BC Hydro Draft Integrated Resource Plan

Today, BC Hydro released the much anticipated draft Integrated Resource Plan – 2012 (IRP) which is a long-term forecast on supply and demand for electricity in British Columbia.  Essentially, the IRP is to expected to be used as a key document for long-term electricity planning in the Province.

The draft report contains 12 recommendations and is released to the public today for consultation until July 6, 2012. Then, sometime before December 2012, BC Hydro will submit the final IRP for approval by the BC Cabinet. People are invited to have a say at an IRP consultation event hosted by BC Hydro.

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Acas welcomes Enterprise Bill

Employment relations body Acas has welcomed the publication of the Enterprise Bill, and the resulting role expansion given to the organisation.

Ed Sweeney, Acas Chair said:”We welcome Government plans that all potential employment tribunal claims will be offered early conciliation with Acas.

“This is the beginning of the legal process to enable all potential claims to a tribunal to come to Acas first to try and settle the disagreement before a claim is lodged at a tribunal. If conciliation didn’t resolve the matter an employee can still make a claim to a tribunal.

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Biggest. Gift. Ever.

Media including the Vancouver Sun and CBC are reporting the completion of a $21.4 million gift to BC Cancer Foundation made by Burnaby property developer William McCarthy from a legacy fund created under the will of his grandfather John Jambor, who died in 1991. It appears that Mr. Jambor’s will left a shopping plaza at 5000 Kingsway to a charitable fund managed by Mr. McCarthy. Mr. McCarthy spent the last 20 years developing the property to build up its value and has now fulfilled his grandfather’s intentions with a donation and buyback transaction.

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New FINRA Rule Confirms That Whistleblower Claims Need Not Be Arbitrated

Before the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd Frank”) was enacted, whistleblower claims by registered representatives, including those arising pursuant to the Sarbanes-Oxley Act of 2002 (“SOX”) were subject to mandatory arbitration at FINRA.  See FINRA Regulatory Notice 12-21 (PDF).  Dodd Frank changed that.  Dodd Frank specifically amended SOX to provide that “[n]o dispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section.”  In addition, SOX was also amended to provide that rights and remedies provided for in the statute cannot be waived, including by having a predispute arbitration agreement.  In order to be consistent with SOX and to make it clear that FINRA will not require the arbitration of other similar statutory claims, as of May 21, 2012, FINRA amended Rule 13201 of the Code of Arbitration Procedure for Industry Disputes (the “FINRA Code”) to address the arbitrability of statutory whistleblower claims.

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Week of May 21, 2012 on ILNToday – A Roundup

Last week’s Annual Meeting was a smashing success, and between the fabulous weather, engaging legal discussions, and relationship-building social functions (ILN-sponsored UEFA cup final party anyone?), I think it’s safe to say that everyone enjoyed themselves immensely. Stay tuned to this space for some post-session re-caps (and even a few videos)!

As I dig out from under my post-conference work, and the mountain of projects we’re continuing with, I bring you this week’s top posts from ILNToday!

 

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ILN Today Post

Break clauses – an interesting lesson – tenants beware!

It is relatively common for tenants to negotiate the inclusion of a break provision in a commercial lease, enabling them to terminate the lease early.  It is also relatively common for such clauses to provide that the break will only be effective if the tenant has paid all sums due to the landlord by the break date.

That seems a relatively straightforward requirement.  However, as the tenant in the recent case of Avocet Industrial Estates LLP v Merol Limited and Tudor Rose International Limited [2011]EWHC 3422 (Ch) has found to its cost, that is not necessarily so.

Under the terms of the lease, interest was payable at 4% p.a. above NatWest base rate on any sums which were not duly paid, from the date the payment was due until the date of payment. More…

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ILN Today Post

Certainty at last: TUPE does apply to Administrations

This article was first published in Financiers Worldwide on 1 May 2012.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) provide employees with a number of key protections when the organisation in which they work is transferred from one owner (the transferor) to another (the transferee). First, TUPE provides for the automatic transfer to the transferee of the employees’ employment on the same terms and conditions as before (Regulation 4(1) of TUPE) and variations to the employees’ contracts are generally void, even if the employees agree to them (Regulation 4(4) of TUPE). Secondly, the transferee will inherit most employment-related liabilities (Regulation 4(2) of TUPE). Thirdly, any dismissal that is connected with the transfer is automatically unfair, unless it is for an “economic, technical or organisational change entailing changes in the workforce” (Regulation 7 of TUPE). Fourthly, employees have the right to be informed about the transfer and consulted about any changes envisaged by the transferee post-transfer (Regulation 13 of TUPE). More…

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ILN Today Post

The rewards and risks of social media engagement

Social media offers potentially lucrative opportunities for PR agencies. Many firms have developed proprietary tools and methodologies to quantify the effectiveness of their clients’ brands in social media by monitoring user activity on Facebook, Twitter, Pinterest, and other social networks. Agencies are also using proprietary methods to measure the quality of this interaction by analyzing the substance and tone of consumer posts and tweets, even attempting to correlate the nature and extent of social media engagement with their client’s sales. This engagement and analysis is valuable for clients, as it provides them a granular view of their messaging’s success.

Social media offers agencies numerous possible revenue streams, including license fees for the use of their proprietary technology and service fees for community management of various social media outlets. In order for firms to fully reap the benefits of social media, however, they must protect their rights in contractual negotiations with their clients. Agencies also need to familiarize themselves with the legal landscape in order to avoid regulatory pitfalls. Below, l address six key areas of concern. More…

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