Monthly Archives: June 2015

Duty of Good Faith and Honest Performance Extended to All Contracts in Canada

By Warren Brazier with Shauna Towriss

On November 13, 2014, the Supreme Court of Canada updated Canadian common law by extending for the first time the principle of good faith to all contracts. Previously, the duty of good faith existed only in employment and insurance contacts in Canada. The ruling now aligns Canadian common law with Civil Law in Quebec and the law in most U.S. jurisdictions. The Court expects its decision to bring certainty and coherence to this area of law.

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Managing Clashing Personalities – Can I Dismiss?

Whilst most workplaces experience disagreements from time to time, serious conflicts can have a major impact on the business, particularly small businesses with limited resources. There are situations where an individual is employed and, despite performing the role to a satisfactory quality, there is a clash of personalities within the workplace that causes considerable difficulties. But if a dismissal is to be contemplated due to a personality clash, how can an employer do so fairly and lawfully?

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Week of June 22, 2015 on ILNToday – A Roundup!

roundupIt’s unintentionally been a week without blog posts here at Zen, so be prepared to get back into the swing of things next week! Today, though, I am bringing you our regularly scheduled roundup of top articles from over on ILNToday, so be sure to check them out!

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ILN Today Post

Employee Shareholder Status (ESS): post-election update

ESS divided opinion between the main political parties in the run-up to May’s General Election. Both Labour and the Liberal Democrats had pledged to scrap this Conservative-backed tax relief scheme – which offers tax exemptions to qualifying employees on the acquisition and disposal of shares in their employer, in return for sacrificing certain statutory employment rights – and companies were understandably wary of committing resources to implementing ESS given the tight polling data in the run-up to the election. More…

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ILN Today Post

THE LIMITED LIABILITY COMPANY – PART II – UPDATED

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. We’ve updated the Vietnam section to reflect the changes under the new Enterprise Law and Investment Law which come into effect on July 1, 2015. More…

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Estate Planning Alert: US Supreme Court says yes to same-sex marriage

Today, the U.S. Supreme Court (SCOTUS) ruled that both opposite-sex and same-sex couples have the fundamental right to marry and recognize the advantages (and disadvantages) of marriage. SCOTUS ruled that states cannot ban same-sex marriage, because it is a violation of the 14th Amendment (the right of all citizens to equal protection). SCOTUS went on to rule that states must recognize marriages performed in other states and countries. Again, not recognizing same sex marriages performed in another state or country is a violation of the 14th amendment.

This means that couples living in states that were once non-recognition states, like Florida, Michigan, and Ohio, can now marry in their home state or anywhere else in the United States that they choose. They will have the same rights and benefits of opposite-sex couples, such as choosing the state in which to marry; adopting their children together; and owning a home as tenants-by-the-entirety (where that is available). Same-sex married couples will now also have the right regardless of what state they live in to make decisions for their hospitalized spouse, file state income tax returns jointly, and receive the same retirement and medical benefits that are allowed for spouses. Same-sex spouses will now be eligible for Family Medical Leave Act for their spouse, and to be treated as a beneficiary under state law.

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Ohio Statehouse Update: This Week in Ohio – June 26, 2015

The Ohio General Assembly completed its work today on House Bill 64, the state’s two-year operating budget. The Ohio House voted in favor of the bill 61-34; the Ohio Senate had voted 23-9 in favor of the bill on June 25. The Conference Committee, comprised of six members from the House and Senate charged with resolving disagreements between different versions of the budget bill, met on June 24, with the hearing lasting until early the next morning.

As is often the case, the budget passed in a largely partisan manner. Republicans lauded the bill’s inclusion of increased funds for K-12 and higher education, along with tax cuts for all Ohioans.

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Beskatning af hovedaktionærers renteindtægter ved udlån til eget selskab

Selskaber er ejet af kapitalerejere eller aktionærer/anpartshavere. Betegnelsen af ejeren er mangeartet. En hovedaktionær er en særlig form for kapitalejer. Begrebet hovedaktionær er velkendt inden for skatteretten, og der er rent faktisk en præcis definition heraf i en bestemmelse i aktieavancebeskatningslovens § 4, stk. 2. En hovedaktionær er en person, der ejer mindst 25 % af kapitalen eller råder over mere end 50 % af stemmerne. Når man skal opgøre ejerandelene, medregner man de ejerandele, ens nærtstående er ejer af. Nærtstående er bl.a. beslægtede i opad- eller nedadstigende linje, ens ægtefælle samt andre kontrollerede selskaber.

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LatinWorks Gets Creative for Hispanic Audience

Hispanics are the largest and youngest minority group in the United States, and you can bet that major advertisers want to reach them.  Actually, an agency called LatinWorks did make that bet, opening its doors in 1998 with a focus on “cultural branding” and creative work that spoke to a Hispanic audience.  The bet has paid off handsomely; LatinWorks now has more than 170 employees, more than $200 million in billings, and offices in Austin, TX and Detroit, MI.  The agency’s explosive revenue growth (32 percent in 2013) helped land it the number nine spot on AdAge’s 2014 A-List.

Also helpful: standout creative work that has brought in a slew of awards (including multiple Cannes Lions) and accounts (Dominos … Continue Reading

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ILN Today Post

Advertising, Marketing & Promotions Alert >> FTC Updates Answers to Frequently Asked Questions About Endorsement Guides

The Federal Trade Commission (FTC) recently updated its answers to a series of frequently asked questions (New FAQs) about its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides) (to see a previous D&G alert on the FTC’s Guides, click here). The New FAQs provide long-awaited guidance on endorsement-related issues with respect to incentivizing “likes,” pinning photos, streaming videos, and making disclosures on Twitter. The New FAQs also include sections on employee endorsements, social media promotions and online review programs – areas of recent FTC enforcement and concern (to see a previous D&G alert on social media promotions and online reviews, click here). More…

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