Monthly Archives: November 2013

ILN Today Post

We’ll skip the race to tie banks’ hands on property debt

(This article was first published in The Weekend Australian on 24 November 2013)

Governments and central banks have more than one ‘monetary policy’ lever available to tame a property boom and our neighbours have demonstrated that they are not afraid to use them. With neighbouring New Zealand recently imposing loan to value (LTV) restrictions on housing loans will Australia follow? More…

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ILN Today Post

Warranties: Commercial intention

The Court of Appeal judgment in Belfairs Management Ltd v Sutherland and another (Belfairs) looked at the interpretation of warranties given in connection with the sale of shares in a company.

On a sale of shares a seller will commonly be asked to give warranties, which are essentially a set of confirmations as to the nature and state of the business of the company to which the shares relate. To the extent that a warranty is not true, the seller will have an opportunity to disclose that fact prior to the sale of the shares in a disclosure letter to the buyer. Provided that a disclosure against a warranty is in sufficient detail and fair, generally speaking, it will prevent a buyer from bringing a claim against the seller for breach of warranty in respect of the matter disclosed. More…

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ILN Today Post

TRIBUNAL DECISION IN BORNISH WIND FARM PROVIDES APPROVAL HOLDERS WITH INSIGHT IN ADDRESSING “SPECIES OF SPECIAL CONCERN”

A Renewable Energy Approval (“REA”) was issued by the Ministry of Environment’s Director in April of this year for a Class 4 wind facility with 45 turbine generators and a total capacity of 72.9 megawatts. It was appealed by the Municipality of North Middlesex on the basis of harm to human health and by Robert Lewis on the basis of harm to the environment. The Municipality’s appeal was dismissed on August 6, 2013. Mr. Lewis’ appeal was dismissed on November 12, 2013 and is the subject of the following discussion. More…

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ILN Today Post

CSA to Regulate Proxy Advisory Firms

On June 21, 2012, the Canadian Securities Administrators (the “CSA”) published for comment Consultation Paper 25-401 Potential Regulation of Proxy Advisory Firms (the “Consultation Paper”). The purpose of the Consultation Paper was two-fold: (i) to obtain information about the concerns raised by market participants; and (ii) to outline possible regulatory responses and frameworks, and to obtain feedback on such proposals. More…

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ILN Today Post

OSC Proposes Gender Equality on Boards and in Senior Management Positions

On July 30, 2013, the Ontario Securities Commission (the “OSC”) published for comment OSC Staff Consultation Paper 58-401 Disclosure Requirements Regarding Women on Boards and in Senior Management (the “Consultation Paper”). The focus of the Consultation Paper was on the advancement of women on boards of directors and in senior management positions, and the initiative targeted TSX-listed (and other non-venture) issuers. Currently, the proposed disclosure requirements would only be applicable to non-venture issuers due to concerns about the potential regulatory burden on venture issuers. More…

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ILN Today Post

Tandem Diabetes IPO Exceeds Opening Projections

As reported in +Mass Device, the underwriters of Tandem Diabetes Care’s initial public offering exercised an over-allotment option of 1.2 million shares, adding $18 million to the IPO. For more on this story, read here. The Stradling IPO team was led by Shareholder Bruce Feuchter. Tandem is the first of two IPOs Stradling is leading this month.

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ILN Today Post

Stradling Attorneys Prevail in Patent Infringement Jury Trial

Yuri Mikulka and Sarah Brooks, attorneys in Stradling’s intellectual property practice, recently prevailed in a jury trial inHydrodynamic Industrial Co Ltd v. Green Max Distributors Inc et al. Read the Law360 article about the case, titled “Sea Scooter Maker Infringed Sea-Doo Patent, Jury Rules,” here (subscription required).

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ILN Today Post

Paul Glassman Top Muncipal Law Attorney

Stradling bankruptcy and reorganization shareholder Paul R. Glassman has been named Top Municipal Law Attorney by The Daily Journal.

Mr. Glassman practices out of Stradling’s Santa Monica office. His most recent notable case is the City of San Bernardino’s bankruptcy proceedings.

Paul Glassman Top Muncipal Law Attorney by Stradling More…

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HOMS sponsor Women’s Rights Conference (26.11.2013)

HOMS were delighted to sponsor the Women’s Right Conference at the University of Limerick, on November 25th 2013, held by the University of Limerick Student Law Society. The conference was to mark the International Day for the Elimination of Violence Against Women. The conference was also organised with the assistance of the Centre for Criminal Justice.

The full day conference addressed issues such as work-life balance, reform of rape law…

To View Entire Article  CLICK HERE…

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Barry Katz contributes to Law360 on 2014 U.S. retail space

Arnstein & Lehr

Barry Katz

Arnstein & Lehr Chicago Partner Barry Katz recently offered his thoughts to a November 20 Law360 article titled, “Retail Space Will be Harder to Find In 2014, CBRE Says.” The article discusses how real estate for the U.S. retail sector is expected to be scarce in 2014, taking into account the availability rate for neighborhood and community shopping centers decreasing.

To read the article in full, please click here.

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