Monthly Archives: January 2014

Neil Melliship named to the World Trademark Review 1000

Clark Wilson LLP is proud to announce that Neil Melliship was recently named to the 2014 World Trademark Review (WTR) 1000, an annual listing of the World’s Leading Trademark Practitioners, in the category of Individuals: Prosecution and Strategy. The WTR 1000 remains the only stand-alone publication to recommend individual practitioners and their firms exclusively in the trademark field, and identifies the leading players in over 60 key jurisdictions globally. Neil is Chair of Clark Wilson’s Intellectual Property Group and was recently recognized by Best Lawyers as the 2014 “Lawyer of the Year” for Technology Law in Vancouver.

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Corporate INTL Global Awards 2014 Winner

2014 Winners Logo - GA
Two of RSS’ practice groups have received awards from Corporate INTL magazine.

RSS has been named TRANSPORTATION LAW firm of the year in Canada and FAMILY LAW firm of the year in Canada.

This monthly publication is subscribed to by business leaders, professional advisers, investors and in-house counsel globally. It’s readers consist of the global legal and financial adviser community (partner / director level), the senior management (CEO / FD level) of tens of thousands of leading businesses both public and private, the world’s venture capitalist association members, in-house counsel and the members and directors of the key networks, alliances and organizations from around the world.

Congratulations to Louise Baillargeon and Lynne Kassie and all of the members of the Transportation and Family Law practice groups for this well-deserved recognition and accomplishment.

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ILN Today Post

RBI’s clarification on the rate of exchange for conversion of External Commercial Borrowing and Lumpsum Fee/Royalty into Equity

In terms of the extant FDI Policy, Indian companies can convert external commercial borrowings and lump sum fee/royalty into equity, subject to compliance with certain conditions, including the pricing guidelines for issuance of equity shares.

In this regard, the RBI has vide A.P. (DIR Series) Circular No. 94 dated January 16, 2014 clarified that without prejudice to the extant conditions for conversion of external commercial borrowings or lump sum fee/royalty into equity:

(a) where the liability sought to be converted is denominated in foreign currency (as in case of external commercial borrowings, import of capital goods, etc.), the Indian companies will need to apply the exchange rate prevailing on the date of the agreement between the parties concerned for such conversion;

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ILN Today Post

RBI’s clarification on Establishment of Liaison Office/Branch Office/Project Office in India by Foreign Entities

Presently, in terms of the Foreign Exchange Management (Establishment in India of Branch or Office or other Place of Business) Regulations, 2000, no entity or person, being a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, Iran or China is allowed to establish in India, a branch office or a liaison office or a project office or any other place of business by whatever name called, without the prior permission of the RBI.

However, the RBI vide its A.P. (DIR Series) Circular No.93 dated January 15, 2014, has also added Hong King and Macau to the above list to control and regulate indirect entry of residents of China through Hong King and Macau.

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Testamentary Trusts and Why You May Need One

Many people have heard about the term “trusts”. Some people may incorrectly believe that trusts are only for wealthy individuals. In fact, trusts, and especially testamentary trusts, are an important estate planning tool for a wide range of individuals.

A testamentary trust is a trust that is created under a Will wherein the executor/trustee is directed to hold all or a portion of the estate assets for a specified period of time and for specified people (the “beneficiaries”). A testamentary trust is only activated on the person’s death.

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ILN Today Post

New pricing guidelines for FDI instruments with optionality clauses

In terms of the extant foreign direct investment policy (“FDI Policy”) of the Government of India, only equity shares and compulsorily and mandatorily convertible preference shares/debentures are allowed to be issued by Indian companies to non-residents.

However, the Reserve Bank of India (“RBI”) has vide A.P. (DIR Series) Circular No. 86 dated January 09, 2014, now also recognized and allowed certain optionality clauses with respect to issuance of the above instruments to non-residents, that oblige the buy-back of securities from the non-resident investor at the price prevailing/value determined at the time of exercise of the option, so as to enable the non-resident investor to exit without any assured return. 

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Success for Miller Samuel Client SFRS Defending Against Former Grampian Fire Chief’s Age Discrimination Claims

Miller Samuel’s leading employment law specialist Marie Macdonald has successfully defended a case brought against our client Scottish Fire & Rescue Service (SFRS) by former Grampian fire chief David Dalziel for unfair dismissal and age discrimination. This significant case has already received widespread national media coverage (see BBC, Herald Scotland, Evening Express, The Scotsman and The Press and Journal for more details in addition to the key facts outlined below).

scottish_fire_rescue_service_defends_employment_tribunal_claimDavid Dalziel, 62, held the Grampian post for eight years until it was merged into a single service.

He had applied to become the chief fire officer of the new Scotland-wide service and a number of other senior posts but was not appointed.

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Tamsin R. Kaplan Moderates Panel at Boston College Law School

On January 30, Davis Malm shareholder Tamsin R. Kaplan moderated a Boston College Law School panel on labor and employment law. The panel included Ms. Kaplan; Scott Faust, a partner at Proskauer Rose LLP; and John Welsh, a partner at Bello Black & Welsh LLP. Ms. Kaplan and the other two panelists shared their personal stories, discussed their careers in employment and labor law, and provided guidance to students interested in pursuing careers in this area of the law. The panel was divided into two 30-minute sessions and enabled law students to ask questions and advice of the panelists.

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Reminder — February 1st is a Critical OSHA Injury & Illness Recordkeeping Deadline

February 1st is an important annual OSHA Injury and Illness Recordkeeping deadline. Specifically, by February 1st every year, certain employers are required by OSHA’s Recordkeeping regulations to:
1.Review their OSHA 300 Log;
2.Verify that the entries are complete and accurate;
3.Correct any deficiencies on the 300 Log;
4.Use the injury data from the 300 Log to develop an 300A Annual Summary Form; and
5.Certify the accuracy of the 300 Log and the 300A Summary Form
For a more detailed explanation of the requirements and which companies are exempt, we encourage you to read the recent OSHA Law Update published by Amanda R. Strainis-Walker and Eric J. Conn

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Lessons from Outside the Industry: Grocery Store Brand Challenge

While traveling to Chicago today (an adventure in and of itself, due to delayed and cancelled flights and two trips through security – a story for another time), I had the opportunity to read a fascinating in-flight magazine article in American Airlines’ American Way magazine.

The article, titled “The Brand Challenge,” by Kristin Baird Rattini, discusses how private labels in grocery stores are gaining some real traction against national brands. Since I was already contemplating a post that focused on how brands outside of the legal industry can teach us lessons, I was particularly attuned to how the article is relevant to lawyers and legal marketers.

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