Monthly Archives: July 2014

Landbrugslov

I Aftale om Vækstplan for Fødevarer, som regeringen og de borgerlige partier indgik i april, blev det besluttet at lempe landbrugslovens erhvervelsesregler yderligere.

Som en direkte følge af Aftalen om Vækstplan for Fødevarer har Ministeriet for Fødevarer, Landbrug og Fiskeri den 3. juli 2014 udsendt et høringsudkast til lov om ændring af lov om landbrugsejendomme. De væsentligste lempelser, som foreslås, er:

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What employers need know about the Wal-Mart case

Last Friday’s judgment by the Supreme Court in the Wal-Mart case (United Food and Commercial Workers, Local 503 v.Wal-Mart Canada Corp., 2014 SCC 45) has triggered lots of discussion in the media that generally does not provide either an accurate or complete picture of how the decision affects employers. In this newsletter, we hope to fill that gap.

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BC Court Enforces $4.5 Million SEC Disgorgement Judgment

In dismissing an appeal from a order enforcing a United States judgment, the British Columbia Court of Appeal held that it was the character of the foreign judgment that governed whether it was enforceable, not the way in which the parties responded to it. 

On August 18, 2011, the United States District Court for the Southern District of New York (“US Court”) rendered a judgment against William Peever and Phillip Curtis.  The judgment was for injunctive relief and the disgorgement of profits derived from illegal price manipulation of stock of American corporations.  The suit was advanced by the United States Securities and Exchange Commission (“SEC”).
 
Peever and Curtis consented to the injunction, admitted liability and did not contest the quantum of the judgment.  They were ordered by the US Court to pay the sum of $4,506,535.66 into court.
 
The SEC brought an action in British Columbia to ask the court of that province to recognize and enforce the judgment.  Peever and Curtis resisted the enforcement proceedings on the basis that the judgment was penal or public in nature, a recognized exception to the enforcement of foreign judgments in Canada.  Notwithstanding such argument, a BC trial judge held that the judgment of the US Court should be recognized and enforced.  Peever and Curtis appealed from that decision to the British Columbia Court of Appeal.
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Right to Flexible Working Extended to All

More than 20 Million employees can now benefit from the right to request to work flexibly. Previously the right was only available for carers or those looking after children, however as of the 30 June 2014, the right is extended to all employees.

The ability to work flexibly allows workers to better balance their work life with other responsibilities. The benefit for business and employers is that it allows them to keep their employees long term, and keep a hold of their most talented workers.

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Rainmaking Recommendation from Jaimie Field: There Ain’t No Cure for the Summertime Blues

We’re back with another excellent rainmaking recommendation from expert and coach, Jaimie Field!

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First, a quick reminder: We are six months into the year. How’s your practice going? Are you on target with your Rainmaking Plan or falling behind?

What? You don’t have a Rainmaking Plan?? Now is the time to get one together so that you can finish the last 6 months of the year strong!

Now, for the recommendation . . .

There are two times a year that most attorneys feel that they don’t have to market their services on a consistent basis: The time between Thanksgiving and the New Year, and summertime.

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ILN Today Post

EXTENDED LEAVE OF ABSENCE IS NOT A REASONABLE ACCOMMODATION (MONDAY, JUNE 30, 2014)

Grace Hwang was an assistant professor at Kansas State University. She signed a written one-year contract to teach classes over three academic terms. Before the fall term began, though, Hwang learned that she had cancer. The University gave her a six-month paid leave of absence. Hwang’s doctor advised her to seek more time off. She asked the University to extend her leave, promising to return for the summer term. The University refused, explaining that it had a policy which allowed no more than six months sick leave. The district court dismissed her complaint under the Rehabilitation Act. Hwang appealed. More…

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International Lawyers Network: Miller Samuel Named Firm of the Month

Miller Samuel is delighted to announce that it has been named the International Lawyers Network “Firm of the Month” for June/ July 2014.

michael samuel conference
Michael Samuel speaking at the recent ILN Annual Conference, held in Chicago.

The International Lawyers Network (ILN) is a leading association of 91 high-quality, full-service independent law firms. Miller Samuel is the only Scottish member of the ILN. Membership of the organisation ensures that the firm is able to provide clients access to quality legal advice on a global scale, allowing them to benefit from assistance and support in other legal jurisdictions in matters which go beyond the firm’s core Scottish practice area.

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Tvangssalg af udlagt mælkekvote

Vestre Landsret har netop truffet afgørelse i en sag om tvangssalg af en udlagt mælkekvote, hvor DAHL Advokatfirma repræsenterede rekvirenten.

Det er nu slået fast, at en rekvirent, der har fået udlæg i en mælkekvote, kan anmode fogedretten om at foretage et tvangssalg af den udlagte mælkekvote på Mælkeudvalgets Kvotebørs for derefter at blive fyldestgjort i salgssummen.

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ILN Today Post

HOWARD & HOWARD WELCOMES LINDA MARIE NORCROSS

Royal Oak, Michigan, July 1, 2014:  Howard & Howard Attorneys PLLC is pleased to announce that Linda Marie Norcross has joined the firm.  She will practice out of the firm’s Las Vegas Office.

Ms. Norcross focuses her practice on protection and enforcement of intellectual property rights.  She advises clients on all facets of trademark prosecution and enforcement, both foreign and domestic, including trademark selection, clearance, proper trademark use, registration and renewals, and related transactions. More…

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Two for Tuesdays: Tips for Twitter

It’s another Two for Tuesdays here, and apparently, I’m feeling the need for lots of alliteration today, as we’re looking at two tips for Twitter.

Why bother with Twitter?

Let’s look at a couple of stats first, and then why those might be important: 

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