Monthly Archives: May 2014

Non-Competes: Are They on the Fast Track to Extinction in Massachusetts?

Massachusetts Governor Deval Patrick has made news with his push to prohibit non-competition agreements in employment and independent contractor relationships. The Governor recently proposed legislation that would make unlawful any employee or independent contractor agreement that:

…prohibits, impairs, restrains, restricts, or places any condition on a person’s ability
to seek, engage in or accept any type of employment or independent contractor work,
for any period of time after an employment or independent contractor relationship has ended….More…

Read full article

What is an “exceptional” patent case?

In a pair of opinions handed down on April 29, 2014, the United States Supreme Court returned to the roots of Section 285 of the Patent Act to decide under what circumstances a district court may award attorneys’ fees to a prevailing party in patent cases. In addition, the Court limited the U.S. Court of Appeals for the Federal Circuit to considering only whether district courts had abused that discretion in connection with parties’ motions for fee awards under Section 285. 

Read full article

McDonald Hopkins Government Strategies Advisory: This Week in Washington — May 2, 2014

Tax extenders update

While the Senate has begun the process of considering short-term extensions to the lion’s share of the 55 expiring tax provisions, the House is taking a different approach. House Ways and Means Committee Chair Dave Camp (R-MI), who had hoped to push comprehensive tax reform in this Congress, is leading an effort to make some of these provisions permanent parts of the tax code.

This effort got underway in earnest this week when The Ways and Means Committee voted to make six of the expiring tax provisions permanent, including the R&D tax credit and a provision intended to help businesses defray the cost of new equipment.

Making these six tax cuts permanent will cost $310 billion over the next 10 years. Republicans, however, aren’t proposing any pay fors, saying that extensions of current tax policy do not have to be paid for. 

Read full article

Corporate Journalism is the Future According to Greentarget

Greentarget, ALM Legal Intelligence, and Zeughauser Group have released the results of their 2014 survey, newly titled “2014 State of Digital & Content Marketing Survey.” The change in title is a great reflection of the change in conversation in the last year, a shift in focus to the discussion around content marketing, and how social tools are used to that end. 

Read full article

David Buxton-Forman joins Clark Wilson

Clark Wilson LLP is pleased to welcome David Buxton-Forman to the firm’s Insurance and Infrastructure, Construction & Procurement Groups. David assists the firm’s clients on a broad range of litigation matters, with a focus on construction related claims and insurance defence. David articled with Clark Wilson and was called to the Bar of British Columbia in 2013.

Read full article

Heather Hettiarachchi republished in Canadian Privacy Law Review

The Canadian Privacy Law Review has republished Heather Hettiarachchi‘s article “Privacy Rights and Unionized Employees” in the April 2014 edition. The article, originally from our February 2014 Work Place Post, discusses a recent case that ruled it is not a violation of privacy for unions to collect personal contact information of all employees who pay union dues. Reproduced with permission of the publisher LexisNexis Canada Inc. from Canadian Privacy Law Review, Vol. 11, No. 5, April 2014.

Read full article

Court Orders Mistrial Due to Poor Jamaican Patois Interpretation

Section 14 of the Canadian Charter of Rights and Freedoms (“Charter”) provides a constitutional right to the assistance of an interpreter for a party or witness who does not understand or speak the language in which the proceedings are being conducted or who is deaf.
In a recent decision of the Ontario Superior Court of Justice, Justice Conlan allowed a defence application and declared a mistrial where an accused who was charged with the offence of importing cocaine had not been provided with an accredited interpreter of Jamaican Patois.  Justice Conlan declared the mistrial on the basis that the accused, Michael Bryan’s right to make full answer and defence and his right to a fair trial were compromised by the deficiency in interpretation services provided at the Brampton, Ontario court.
Mr. Bryan and his co-accused, Ryan Douglas, were tried jointly before a jury on a single-count indictment alleging the offence of importing cocaine.  The allegation was that the two accused has ingested cocaine and brought the drug into Canada on an airplane from Jamaica.
Read full article

Court Orders Mistrial Due to Poor Jamaican Patois Interpretation

Section 14 of the Canadian Charter of Rights and Freedoms (“Charter”) provides a constitutional right to the assistance of an interpreter for a party or witness who does not understand or speak the language in which the proceedings are being conducted or who is deaf.
In a recent decision of the Ontario Superior Court of Justice, Justice Conlan allowed a defence application and declared a mistrial where an accused who was charged with the offence of importing cocaine had not been provided with an accredited interpreter of Jamaican Patois.  Justice Conlan declared the mistrial on the basis that the accused, Michael Bryan’s right to make full answer and defence and his right to a fair trial were compromised by the deficiency in interpretation services provided at the Brampton, Ontario court.
Read full article