Monthly Archives: May 2015

ILN Today Post

Mr. Takashi Koyama has been appointed as the Director of the Intellectual Property Affairs Division, Economic Affairs Bureau, Ministry of Foreign Affairs.

May 18, 2015 −Mr. Takashi Koyama has been appointed as the Director of the Intellectual Property Affairs Division, Economic Affairs Bureau, Ministry of Foreign Affairs.

Regarding the above office, Mr. Koyama will be in charge of any intellectual property matters related to (i) WTO and TRIPS Agreement, (ii) WIPO and other international organizations such as WHO, (iii) multilateral intellectual property agreements, and (iv) multilateral and bilateral free trade agreements and their negotiations such as TPP and Japan-EU EPA. He will also handle any intellectual property matters brought to Japanese embassies and consulates-general. More…

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Construction Contracts for Projects in Canada: AIA Documents and CCDC Comparison

By Roy Nieuwenburg

Over the weekend, Roy Nieuwenburg’s article, “Construction Contracts for Projects in Canada: AIA Documents and CCDC Comparison”, was debuted at the USLAW Conference in San Antonio, Texas in the Spring/Summer edition of USLAW Magazine.

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CSA Publishes Proposed Amendments to Take-Over Bid Requirements

by Andrew Charters

On March 31, 2015, the Canadian Securities Administrators (the “CSA”) published proposed amendments to Multilateral Instrument 62-104 Take-Over Bids and Issuer Bids and National Policy 62 203 Take-Over Bids and Issuer Bids (the “Proposed Amendments”). If adopted, the Proposed Amendments will significantly change Canada’s take-over bid rules.

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Amendments to Disclosure Rules for Venture Issuers

by Nafeesa Valli-Hasham

On June 30, 2015, amendments to various disclosure requirements for venture issuers will come into force. The amendments are intended to make the disclosure requirements for venture issuers more suitable and manageable at their stage of development. The amendments relate to continuous disclosure and governance obligations, and to disclosure for prospectus offerings.

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Regulation A+ A Limited Tool for Fundraising

by Bernard Pinsky

With much fanfare, the Securities and Exchange Commission (“SEC”) in the U.S. announced on March 25, 2015 that it has adopted rules to facilitate smaller companies’ access to capital, as mandated by the JOBS Act. Sums of up to $20 million can be raised in a Tier 1 offering, while up to $50 million can be raised in a Tier 2 offering under the new, updated and expanded Regulation A (“Reg A”), known as Reg A+. As adopted, Reg A+ can be used only by qualified companies that are organized in, and that have their principal place of business in, the United States or Canada.

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Shale Oil & Gas – It is Boom or Bust! (Huntsberger, Wise, Opincar, and Kaczka)

Geauga Growth Partnership presents a panel of experts from McDonald Hopkins, a business advisory and advocacy law firm, who will provide updates on the state of the Shale industry and how declining oil prices may have economic impacts on jobs, company infrastructure and more.

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Week of May 11, 2015 on ILNToday – A Roundup!

We’re closing in on our Annual Meeting, and it’s hard to believe it’s that time again! We’ve got a great turnout of delegates, and I’m excited to see so many of our lawyers in a short few days!

I’ve also got a big announcement here next week, so stay tuned to this space – particularly on Wednesday evening. You won’t want to miss it!

But today, let’s take a look at the top posts for this week from ILNToday!

 

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Accepting Social Responsibility Not Legal Liability

We recently blogged about recent gender discrimination lawsuits filed against technology industry employers. Following in the wake of these lawsuits have been news stories regarding the lack of diversity in the technology industry. The scale of the statistical disparity, (for example, 90% of Twitter’s technical employees are male), creates major litigation risks for companies seeking to remedy this disparity. Technology companies eager to accept social responsibility for correcting these discrepancies must be careful not to inadvertently invite legal liability for them as well.

Although there seems to be a consensus that lack of diversity is a problem in the technology industry that should be addressed, there is a great deal of disagreement over how to address the problem. Some groups, such as Jesse Jackson Sr.’s Rainbow PUSH Coalition have focused on publicizing employee population statistics in an effort to bring the issue out in the open. However, employers are still experimenting with possible strategies to address the problem.

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Court Removes “Ill-Mannered” Administrator, Sanctions Him With Special Costs

While BC Courts have the power to remove executors and administrators, it is rarely exercised.  Our Courts have held that “not every act of misconduct should result in removal”.  You may wonder, then, what misconduct would result in removal of an executor or administrator?  The BC Supreme Court answered this question last Friday, in the Estate of Forbes McTavish Campbell.

Mr. Campbell died intestate in 2011.  As he was divorced at the time, his three children were appointed as co-administrators in April 2012.  The estate in BC was modest, and appeared to have been reduced in size by Mr. Campbell’s caregiver.  Apparently, the caregiver absconded with $175,000 in cash, the deceased’s car, proceeds of a mortgage against real property (allegedly obtained through forgery), and certain other assets.  The administrators reported the losses to the police, and investigations were made but had not resulted in an arrest at the time of the application.

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ILN Today Post

Conclusivity of Final Certificates in JCT contracts

Sir Francis Bacon once wrote: “If a man will begin with certainties, he shall end in doubts”.

However, the decision in the recent case of Marc Gilbard v OD Developmentsconfirmed that any doubt as to the certainty afforded by a Final Certificate which a JCT or similar contract states is to be conclusive can be put aside. Parties who wish to dispute such a certificate must act quickly to protect their entitlements, or face losing them for good. More…

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