Monthly Archives: February 2014

Court Breathes New Life Into Summary Judgment Process

For many years, Ontario litigation counsel cautioned their clients against making motions for summary judgment, even when they believed that the client’s case was strong, because of the expense, delay and uncertainty inherent in making such motions.  Under Ontario’s Rules of Civil Procedure, summary judgment was available where the court was satisfied that there was no genuine issue requiring a trial.  However, issues of credibility were often viewed by motion judges as “genuine” issues that required a trial to resolve.  In addition, motion judges had limited fact finding powers.
In 2010, the summary judgment rule was amended based on the recommendations of former Associate Chief Justice Coulter Osborne.  The new rules gave a judge hearing a motion for summary judgment the powers to weigh evidence, evaluate the credibility of a witness and to draw inferences from the evidence.  In the Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA764, a five judge panel of the Ontario Court of Appeal explained the effect of the 2010 amendments and adopted a new “full appreciation test” that judges should use to decide whether a trial was required.  Under this test, the motion’s judge must assess whether a trial was necessary to enable the court to fully appreciate the evidence and issued posed by the case.  The Court of Appeal held that summary judgment should be granted only where the benefits of the trial process are not required to achieve a “full appreciation” of the evidence.  
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What’s New in 2014: The Growing Trend in Social Media Privacy Laws

By Anna A. Cohen and Nancy L. Gunzenhauser

As an increasing number of employers use social media to screen prospective employees and to monitor the activities of current employees, several states have enacted social media privacy laws, including Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Jersey, New Mexico, Utah and Washington.  Oregon joins those states in 2014.

Oregon’s new law is highly protective of employee and applicant privacy.  Employers in Oregon are prohibited from requesting that an employee or applicant disclose a username or password to social media accounts.  The law also prohibits employers from compelling employees or applicants to access a personal social media account in the presence of the employer and in a manner that enables the employer to view the contents of the personal social media account that are visible only when the account is accessed by the account holder.  Employers cannot retaliate against applicants and employees — whether in the form of refusal to hire, termination, discipline or otherwise — where the applicant or employee refuses to disclose or provide access to social media.  Nor may an employer retaliate when an applicant or employee refuses to add the employer to the employee’s list of contacts associated with the social media account (e.g. as a friend on Facebook or a connection on LinkedIn).  Exceptions apply for accounts provided by the employer, investigations of work-related employee misconduct, and for compliance with state and federal laws, rules and regulations and the rules of self-regulatory organizations. 

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ILN Today Post

Maxima Legal: 13 years of success

On February 7, 2014, the Maxima Legal law firm celebrates its thirteenth birthday!

Maxima Legal LLC (formely Maxima – Consulting & Law) was established in 2001 and initially specialized in legal support of business and corporate, real estate and construction projects inSt. Petersburg,Russia.

Since its foundation the law firm has built up a team of goal-orientated and experienced professionals and currently employs experts in different fields of Russian and international business law.  More…

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ILN Today Post

Beneficial ownership of UK companies

In early 2014 we are expecting the government to publish its formal response to the Department for Business Innovation & Skills’ “Transparency & Trust” discussion paper published in July 2013.

One of the proposals in the discussion paper is to create a central registry of beneficial company owners. The paper followed the UK-chaired G8 summit in June 2013, where the government committed to increased transparency by requiring that beneficial company ownership be disclosed. More…

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ILN Today Post

“With 33.5% of my worldly goods I thee endow…”

Prenuptial agreements (pre-nups) are to become legally binding, according to the report of the Law Commission, advance notice of which was given earlier this week. At the moment such contracts are not legally binding in England and Wales but they are given decisive weight following the case of Katrin Radmacher and her husband in 2010 as long as one party is not left “in need” or if there was unfairness.

The idea is that the parties are free to ring-fence assets which they had, whether these are assets in existence at the time of the marriage, or acquired afterwards. They can also seek to limit both the duration and the amount of maintenance paid to either party. It is likely that the Commission will impose certain safeguards in order for these agreements to be legally enforceable such as a requirement that both parties take independent legal advice so that they fully understand the nature of the agreement they are entering into. Pre-nups are common in many of the States in America, and also in a number of jurisdictions in Europe, where they are considered the norm. More…

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Week of February 3, 2014 on ILNToday – A Roundup!

It’s the end of another week here at the ILN, and it’s surprising how fast this year is going already (don’t we say that every year?). I’ve been feeling a little under the weather this week, but I’m always publishing and reviewing our member content. So here are some posts for you to enjoy over a cup of coffee on this Friday!

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ILN Today Post

Dej-Udom & Associates’ World Trademark Review Yearbook – Thailand Chapter

1. Legal framework

National
Trademark registration in Thailand is governed by the Trademark Act BE 2534 (1991) and its subsequent amendment, which came into force on June 30 2000. The act provides the owner of a registered trademark with the exclusive right to use the mark in the course of trade. In addition to these specific laws, the Penal Code, the Civil and Commercial Code, the Consumer Protection Act and various ministerial regulations are also essential in enforcing trademark rights. These statutes allow the owner of a registered trademark to take legal action against infringements and/or claim redress damages. More…

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The latest on pre-nups

Readers may be interested to read the following article from Teresa Cullen, our new matrimonial partner, about an important new development concerning pre-nuptial agreements.

Prenuptial agreements (pre-nups) are to become legally binding, according to the report of the Law Commission, advance notice of which was given earlier this week. At the moment such contracts are not legally binding in England and Wales but they are given decisive weight following the case of Katrin Radmacher and her husband in 2010 as long as one party is not left “in need” or if there was unfairness.

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Ground Hog’s Day: Pro-Labor NLRB Again Attempts to Put The “Fix” In Union Elections: Reissues Discredited “Ambush” Election Rules

By Steven M. Swirsky, Adam C. Abrahms, Kara M. Maciel and Casey M. Cosentino

As previously predicted by the Management Memo on August 1, 2013 and October 30, 2013, the National Labor Relations Board (the “Board”) issued a second Notice of Proposed Rulemaking (“NPRM”) to amend its existing rules and regulations governing union elections procedures.  If they look familiar when you see them, there is a good reason for that: you have seen them before.

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Superbowl Commercials – Honorable Mention 2014

Since I already had ten “good” Superbowl commercials for this year, I felt that adding another three would be crazy talk. So instead, I’m bringing you those spots as honorable mentions – spots that I really liked, but maybe missed the mark for one reason or another (or just weren’t *as* good as the top ten).

The first is a spot that I just loved: 

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