Monthly Archives: February 2015

ILN Today Post

Estate Planning for Parents of Young Children

This is a topic of much passion for me.  Estate planning is a necessary protection for all parents with minor children.  Yet, national surveys reveal that less than 40 percent of Americans with children under the age of 18 have their estate planning documents in place.  (LexisNexis 2011 EZLaw Survey).

As a parent with young children myself, I understand that it may seem impossible to find the time to meet with a lawyer and get estate planning documents in place.  Life is busy!  Estate planning often seems like something that can wait to another, less hectic time.  Or, some parents, especially those with young children and just beginning their careers, feel that they have not yet accumulated sufficient assets to warrant the need for such a plan.  And, if I’m being honest, although I personally find estate planning to be a topic of great interest, most people do not particularly enjoy the topic or find it unsettling.  Who wants to talk about planning for death?

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ILN Today Post

Sports Direct Facing Multi-Million Claim Over Zero Hour Contracts

Sports Direct are facing a claim from nearly 300 workers after it was revealed that their zero hour contract status made them exempt from the company’s bonus scheme.

The Sports Direct bonus scheme granted almost 2,000 full time employees £160 million worth of shares, but excluded the bonus offer to those working for the company on zero hour contracts.

Initially Worth £1 Million

The initial claim against Sports Direct, which was launched by 30 employees working on zero hour contracts, was thought to be worth £1 million, with the highest individual claim, of over £100,000, coming from an individual who had worked for the company for over five and a half years.

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Supreme Court strikes down provisions of Money Laundering Act as they apply to Lawyers

The Supreme Court of Canada decided last week in the case of Attorney General of Canada v. Federation of Law Societies of Canada 2015 SCC 7, that the government should not interfere with a lawyer’s commitment to his or her client’s cause.  In doing so, the court held that  commitment to the client’s cause, was fundamental to the solicitor-client relationship.  Lawyers across the country welcomed the decision as a victory for the public and in providing clarity to how the legal profession should deal with its clients.
 
The case involved an act cumbersomely entitled “Proceeds of Crime (Money Laundering) and Terrorist Financing Act” (“Money Laundering Act”).  Parts of the Money Laundering Act and certain regulations under the Money Laundering Act sought to require lawyers and law firms to collect confidential information about their clients that could be subject to search and seizure by the government.  Alarmed by the prospect, the Federation of Law Societies of Canada sought to a declaration from the court that such legislation was unconstitutional.  Several lawyers’ associations including The Advocates’ Society, the Canadian Bar Association and the Canadian Civil Liberties Association intervened in the case. 
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Supreme Court strikes down provisions of Money Laundering Act as they apply to Lawyers

The Supreme Court of Canada decided last week in the case of Attorney General of Canada v. Federation of Law Societies of Canada 2015 SCC 7, that the government should not interfere with a lawyer’s commitment to his or her client’s cause.  In doing so, the court held that  commitment to the client’s cause, was fundamental to the solicitor-client relationship.  Lawyers across the country welcomed the decision as a victory for the public and in providing clarity to how the legal profession should deal with its clients.
 
The case involved an act cumbersomely entitled “Proceeds of Crime (Money Laundering) and Terrorist Financing Act” (“Money Laundering Act”).  Parts of the Money Laundering Act and certain regulations under the Money Laundering Act sought to require lawyers and law firms to collect confidential information about their clients that could be subject to search and seizure by the government.  Alarmed by the prospect, the Federation of Law Societies of Canada sought to a declaration from the court that such legislation was unconstitutional.  Several lawyers’ associations including The Advocates’ Society, the Canadian Bar Association and the Canadian Civil Liberties Association intervened in the case.
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ILN Today Post

Week of February 23, 2015 on ILNToday – A Roundup!

It’s Friday, so that means it’s round up time! It’s been such a big day here at the ILN, with the launch of ILN IP Insider, which means it’s been a long week of preparation and planning, after months of design, testing, writing, analyzing, followup and more! Not to mention that we leave Monday for our Asia Pacific Regional Meeting in Shanghai next week!

It’s been a busy start to the year, to say the least, but that only means that great things are and will be happening around here! So before you head out for the weekend, please head over to ILN IP Insider to take a look, and then look through this week’s top posts!

 

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ILN Today Post

Andrew Dixon featured in new ILN IP Insider blog

Andrew Dixon’s article is featured in the just-launched International Lawyers Network IP Insider blog. His article is about the new federal anti-counterfeiting legislation (the Combating Counterfeit Products Act) that recently received Royal Assent.

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ILN Today Post

New Bills introduced – food labelling, more AD reform and the beginning of the end for Customs as we know it

Yesterday (27 February 2015) was a big day in Federal Parliament for the Trade and Customs industry yesterday.  No, nothing to do with leadership challenges but all to do with action at the border regulating trade and trading regulators.

Food labelling

In response to the outcry following issues with frozen berries from China which now includes border “holds” on food from certain producers and new requirements to identify producers of that food, the Greens and Independent Senator Nick Xenophon had introduced a new Bill proposing to amend food labelling legislation to further require identification of the origin of imported food.  The presumption would be that consumers would then be in a better position to make an informed decision on whether to purchase goods depending on the origin of those goods.  However as the controversy has increased, the Ministers responsible for such issues in the Federal Government announced that they were undertaking their own review of the laws and would submit a proposal to Cabinet for new laws in March. More…

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ILN Today Post

CDM 2015 – Implications for developers

This article was first published in the 21 February 2015 issue of Estates Gazette.

Executive summary

The CDM regulations govern the management of health and safety during both the design and construction phases of a project. Currently the CDM coordinator assists the developer in its role as client under the regulations, to carry out its health and safety duties. On replacing CDM 2007 with CDM 2015, the CDM coordinator functions will be phased out. The revised regulations do not provide for a replacement: a new role, that of principal designer, will cover some but not all of these functions. Developers have more duties under the new regulations. More…

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ILN Today Post

Companions to formal meetings

An employee has asked to be accompanied to a grievance meeting by a disruptive colleague. Can we refuse?

Not without breaching the ACAS Code of Practice on disciplinary and grievance procedures (ACAS Code).

The Employment Relations Act 1999 confirms that employees are entitled to be accompanied to certain formal meetings by a work colleague, a trade union representative or an official employed by a trade union. Employees are not, therefore, permitted to be accompanied to meetings by a family member or friend – which is a common request faced by employers. However, the question raised above has previously proved more of a grey area for practitioners. More…

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ILN Today Post

THE LIMITED LIABILITY COMPANY – PART II

Common Limited Liability Companies for Foreign Investment in ASEAN 

The coming ASEAN Economic Community continues to attract global attention as a popular business and investment destination. However, in today’s marketplace, it’s difficult to stay current with all the information available, and for the potential investor, the amount of relevant data is staggering. One of Dej-Udom & Associates’ strengths is its ability to serve as an international legal and business resource for investors interested in Southeast Asia. Our ongoing series of reports and articles allows the firm to pass on significant information about the region. A limited liability company is a preferred business structure for foreign investors in ASEAN countries; and in Part II of this article, our Corporate Department summarizes the process for incorporating a limited company in five ASEAN countries – Laos, Myanmar, Philippines, Singapore, and Vietnam. More…

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