Monthly Archives: May 2015

NLRB Reiterates Its Position That Undocumented Workers Are Entitled to “Conditional Reinstatement” in Unfair Labor Practice Cases

As reported in Epstein Becker Green’s May 2015 Immigration Alert, the National Labor Relations Board (the “Board” or “NLRB”) continues to focus on issues concerning the rights of undocumented workers whose rights under the National Labor Relations Act (the “Act”) are interfered with for engaging in union activity and other forms of protected, concerted activity covered by the Act.

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“The Art of (Cyber) War: Cybersecurity Tactics for All Financial Institutions” Richik Sarkar and James Giszczak for Bloomberg BNA

As financial institutions of every type and size — national, regional and community banks, thrifts, mutuaIs, credit unions, and non-bank lenders — increase their collection of personal information about their customers and employees, they become larger targets for a data privacy incident. Financial institutions are truly in a cyber war and must fight this battle on four fronts: external threats, intentional misappropriation by rogue employees, data accidentally lost or misplaced, and vendor negligence; accordingly, proper tactics and strategy are essential for survival. 

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Employee Benefits Alert: Does Your Retirement Plan Fiduciary Monitor Your Plan Investments?

U.S. Supreme Court confirms that fiduciaries have an ongoing duty to review and monitor plan investments
In its May 18, 2015, decision in Tibble v. Edison International (Tibble), the U.S. Supreme Court confirmed that the fiduciaries of a retirement plan have an ongoing duty to review the appropriateness of investment options offered to plan participants.

The Legal Question

The legal issue in question was whether plan fiduciaries could be sued for breach of fiduciary duty for retaining investment options that were initially selected by the fiduciaries more than six years before the Tibble participants began their legal action. This narrow procedural question addressed the statute of limitations applicable to the breach of a fiduciary’s duty under the Employee Retirement Income Security Act of 1974 (ERISA).

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Opsigelse af lejer ikke rimelig ud fra vurdering af parternes forhold

En udlejer kan opsige en lejer efter lejelovens § 83, stk. 1, litra a, hvis udlejer selv ønsker at benytte det lejede. Ved opsigelse efter denne bestemmelse er det et krav, at opsigelsen er rimelig henset til begge parters forhold.

I forhold til opsigelsens rimelighed skal der således både tages hensyn til, hvor længe udlejer har ejet ejendommen og lejers muligheder for at skaffe sig anden passende bolig, jf. lejelovens § 84, litra b. Ydermere indgår kriterier som alder, helbredstilstand, ændring i udlejers økonomiske forhold, udlejers boligforhold på opsigelsestidspunktet og hustandenes størrelse i vurderingen af rimeligheden.

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RSS’s up-and-comers partner with McCord Museum

May 19, 2015 — For nearly a century, the McCord Museum has served as a means of chronicling Montréal and Quebec’s social history. And for nearly a century, RSS has played a part in diversifying and enriching the social fabric of Montréal society.

Therefore, it is no surprise that, on Friday, May 8, a dozen of the firm’s young lawyers and articling students attended with great enthusiasm the latest edition of the Sugar Ball, a major fundraising event benefitting the McCord Museum Foundation.

The firm’s support is evidenced most eloquently by Gérald Kounadis’ involvement in the ball’s Organizing Committee.

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Is franchising becoming tougher in Quebec?

May 19, 2015 — Franchising, just like any other contract, consists of a blend of rights and obligations between the parties. A recent decision of the Quebec Court of Appeal provides an extensive analysis of the franchisor’s obligations.

In this document, Herbert Z. Pinchuk, Rhona Luger and Sharon G. Druker highlight the impact this decision may have on the relations between franchisors and franchisees.

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Jason Novak on the jury for a Young Bar debating competition

May 19, 2015 — On Tuesday, June 9, the Young Bar of Montréal will be hosting the 2015 edition of its English Oratory Competition. Jason S. Novak, winner of similar competitions, will be acting as a member of the jury, for a change.

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ILN Today Post

Form BE-10, 2014 Benchmark Survey of U.S. Direct Investment Abroad

The U.S. Bureau of Economic Analysis (“BEA”) is conducting the 2014 Benchmark Survey of U.S. Direct Investment Abroad. This survey requires certain U.S. persons to file a Form BE-10. Who Must Report. A BE-10 report is required of any U.S. person that had direct or indirect ownership or control of at least 10% of the voting stock of an incorporated foreign business enterprise (or an equivalent interest in an unincorporated foreign business enterprise) at any time during the U.S. person’s 2014 fiscal year. For example, a U.S. investment advisory firm that is the general partner of a non-U.S. partnership (for example, a Cayman master fund) or the general partner of a U.S. partnership that invests through a non-U.S. entity (for example, a Cayman master fund or special purpose vehicle) typically will be required to file a BE-10 report. More…

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Two for Tuesdays: Think Differently About Content Marketing

Last week, we focused on how to freshen up your content marketing through curation and focusing on being mobile-friendly. Today, I’m using that same post from Entrepreneur as inspiration to encourage you to think differently about content marketing with these two tips.

(And, as a side note, you’ll want to keep an eye on this space late tomorrow for some big Zen news!)

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ILN Today Post


THE DECISION On May 6, 2015, after over three months of public hearings and technical meetings over the past two and a half years, the Joint Review Panel established under the Canadian Environmental Assessment Act (CEAA) and the Nuclear Safety and Control Act, presented its report to the Federal Minister of the Environment. The Panel consisted of the Chair, Dr. Stella Swanson, who previously advised the federal review panel on High Level Nuclear Waste Disposal in Canada (the Seaborn Panel), Dr. James Archibald, a Queen’s University professor who served on the review panel on uranium mining in Saskatchewan and Dr. Gunther Muecke , a geologist who has previously served on federal– provincial review panels in complex quarry projects. The Report concludes that the deep geologic repository (DGR), to be built 680 metres below ground surface to permanently house 200,000 cubic metres of low and intermediate level radioactive waste (LILW), is not likely to cause significant adverse environmental effects, taking into account the implementation of the mitigation measures committed to by the proponent Ontario Power Generation Inc. (OPG), as well as the additional mitigation measures recommended by the Panel. The radioactive waste facility is to be built on the Bruce nuclear site in the Municipality of Kincardine ,Ontario. The low level waste consists of materials such as protective clothing, floor sweepings, mops and rags, while the intermediate level waste consists of nonfuel waste that cannot be handled without radiation measures such as used reactor core components, refurbishment waste and resins and filters from nuclear reactor operations. More…

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