Monthly Archives: March 2015

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Time to update your terms and conditions?

UNFAIR CONTRACT PROVISIONS – FAIR TRADING ACT 1986

The new unfair contract provisions of the Fair Trading Act 1986 took effect from 17 March 2015.

The Commerce Commission has indicated there will be no grace period for businesses to comply.  From 17 March 2015, it has been unlawful to incorporate an unfair term in a standard form of Consumer Contract.

Unfair contract terms relate primarily to clauses in standard form consumer contracts – the main hallmarks of these contracts being that the terms the provider has offered to the consumer have been on a “take it or leave it” basis and importantly the contracts relate to goods and services that are primarily for personal use.  More…

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Week of March 23, 2015 on ILNToday – A Roundup

It’s rather hard to believe that we’re already at the end of March – and you know what that means? It’s the end of the first quarter of the year, and so time to review where we stand with our plans for the year!

What have you accomplished so far? What’s worked well and what hasn’t worked so well? What goals do you want to accomplish in the next quarter, and what processes can you put in place to make sure that those happen? I’ll be reviewing my plans along with the rest of you, so I’m certainly not exempt! We’ve been rocking and rolling over here at the ILN this first quarter, but I plan for 2015 to be a big year, so there is plenty more work to do!

In the meantime though, take a look at this week’s top posts from ILNToday!

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Garner v. Garner – Can you obtain a court ordered visitation schedule with an elderly parent?

Several years ago, the B.C. Court of Appeal, in Temoin v. Martin, 2012 BCCA 250 [Temoin] discussed the application of a time-honoured principle that English and subsequently Canadian courts had established and which became known as the Court’s parens patriae jurisdiction. Historically, the parens patriae doctrine (which literally means “parent of the country”) vested the Court with the authority to make orders in the best interests of children that were in need of protection. Temoin clarified that the Court’s powers under the parens patriae jurisdiction can also be invoked to make orders necessary for the protection of elderly individuals that have not been formally declared incompetent or incapable of managing their affairs. In Temoin, the Court held that in appropriate circumstances it could make an order compelling an elderly individual to submit to a medical capacity assessment. We provide a detailed discussion of the factual background and the Court’s decision in Temoin in our 2012 blog post discussing “Court Ordered Examinations to Determine Incapacity in British Columbia”.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — March 27, 2015

On Wednesday, the House passed a budget by a vote of 228 to 199. The House budget that passed increased defense spending, a move that was necessary to secure the votes of Republican hawks.

The House’s budget makes cuts to domestic spending on everything from food stamps to welfare. The blueprint also repeals the Affordable Care Act and makes changes to the tax code.

Republicans in the House chose to pass a budget that increased military spending even though that spending would not be offset, a major concession for some fiscal conservatives.

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David Austin interviewed by The Vancouver Sun

Yesterday, David Austin was interviewed by The Vancouver Sun on the subject of the growing tech-sector demand for green power. In the article, David states that the congestion in the Northwest U.S. transmission system has been a long-standing barrier to B.C. signing long-term power contracts in big markets such as California.

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Kochański Zięba Rapala & Partners wins a case for Ringier Axel Springer against Radosław Sikorski, the former Polish Foreign Affairs Minister and current Marshal of the Sejm

Rafal Zieba_portret wwwOn 25 March 2015 the Regional Court in Warsaw entirely dismissed the Statement of Claim submitted by Radosław Sikorski in a case brought against Ringier Axel Springer Polska (RASP), represented by Kochański Zięba Rapala & Partners Law Firm.

Radosław Sikorski was represented by Roman Giertych, advocate. On the side of Radosław Sikorski, as an intervening party, the CHAI Foundation put itself forward to take part in the case, and was also represented by Roman Giertych. Anna Cichonska_portret

Radosław Sikorski brought a legal action against RASP for the comments of internet users which he alleged infringed his personal interests and were published on the internet portal fakt.pl below an article entitled: “Sikorski informed on anti-Semites through internet fora”. Radosław Sikorski took the position that the publisher of the internet portal was responsible for the breach of personal interests by the internet users in accordance with general principles resulting from the Polish Civil Code and Press Law. The claims raised by him, were as follows: removal of comments made by the internet users, publication of apologies on the following internet portals: fakt.pl, interia.pl, onet.pl, pb.pl, wp.pl, se.pl, gazeta.pl, wprost.pl, polityka.pl, tvn24.pl, zyciewarszawy.pl, dziennik.pl, polskatimes.pl, rp.pl, newsweek.pl as well as compensation in the amount of PLN 20,000. More…

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KLA Alert – Foreign Trade – March, 2015

Ordinances SECEX 16/2015 and 17/2015, published on March 23, 2015 in the Official Gazette, initiated 2 new investigations to assess the existence of dumping and potential injury to the domestic industry arising from such practice in the exports (i) of polyvinyl chloride canvas (PVC) coated with textile reinforcement on both sides originating from China and South Korea and classified under code 3921.90.19 of the HS, and (ii) unframed mirrors from China and Mexico classified under code 7009.91.00 of the HS.

Specifically in the exports of PVC canvas to Brazil, SECEX assessed absolute and relative dumping margins of US$ 1.72/kg and 110.97% in Chinese exports and US$ 1.32/kg and 67.7% in Korean exports. More…

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PUBLIC CONSULTATION NO. 18

The Brazilian National Health Surveillance Agency (“ANVISA”) published on March 11, 2015, the Public Consultation no. 18, initiating the term for comments and suggestions to the text of the RDC Resolution that shall establish provisions related to changes made related to the after-registration of drugs, cancellation of drugs’ registrations, amongst other provisions, all related to the review of RDC Resolution no. 48/2009. The term for contributions started on March, 18 and shall expire on April 17, 2015.

The full text of the proposed Resolution is available on Anvisa’s website and any suggestions must be sent through a specific form available on Anvisa’s website.

http://portal.anvisa.gov.br/wps/content/anvisa+portal/anvisa/regulacao+sanitaria/assuntos More…

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Communicating Conference Attendance Value: Preparation

As we lead up to the Legal Marketing Association‘s Annual Conference, the importance of communicating the value of attending any conference to those back in the office has been in the forefront of my mind. The LMA conference is always packed to the gills with scheduled events, because marketers have to be able to prove to the decision makers that there is value to be gotten from attending.

Even though the ILN has more opportunities for organic networking at our conferences, there is still a burden on our attendees to show their partners that this is not a boondoggle. 

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Lunch with JobsOhio

We will discuss:

Topics

  • What has JobsOhio achieved for business in Ohio?
  • What can JobsOhio do for your business?
  • Revitalization
  • Workforce development
  • Site selection
  • Economic incentive programs
  • Plus, hear from Team NEO about what it is doing for business in Northeast Ohio
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