Monthly Archives: June 2015

C’est vrai: Québec government to continue seeking use of French on store signage

The Canadian media, including the CBC, is reporting that the Québec government intends to continue its fight to require the use of French on signage where trade-marks and business names are otherwise displayed in English.

This is the latest development in a dispute that has gone on for a number of years.  As previously discussed in our post from November 23, 2012, a number of well-known retailers took the Québec government’s French language watchdog, the Office québécois de la langue française (“OQLF”), to Court over a requirement that all retailers must use either a generic French descriptive word or a French language slogan or explanation to reflect what they are selling, if their signage features an English language trade-mark – even if such trade-mark is registered under the Federal Trade-marks Act.

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SCOTUS Upholds Exchange Subsidies – King v. Burwell

firm_sgersonIn a split decision announced today, June 25, the U.S. Supreme Court, in King v. Burwell, ruled in upholding the tax credits to individuals in all states, including those with only a federal exchange.  In a 6-3 decision, Chief Justice Roberts delivered the opinion of the Court.

“Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter. Section 36B can fairly be read consistent with what we see as Congress’s plan, and that is the reading we adopt.”

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California Court Of Appeal Holds That Party Seeking To Enforce Forum Selection Clause As To Unwaivable Statutory Rights Has Burden To Show Enforcement Would Not Diminish Rights

California Business & Professions Code § 16600 contains a strong public policy against non-competition agreements.  To address this prohibition, some employers have included choice of forum provisions in their employment contracts to give them the option of initiating an action in a more non-compete friendly jurisdiction and obtain leverage in the litigation.  Some federal district courts have enforced those forum selection clauses.  Marcelo v. Ivy Ventures, LLC, No. C 10-04609, 2010 U.S. Dist. LEXIS 134333 (N.D. Cal. Dec. 9, 2010); Google, Inc. v. Microsoft Corp., 415 F. Supp. 2d 1018 (N.D. Cal. 2005); Hartstein v. Rembrandt IP Solutions, 2012 U.S. Dist. LEXIS 105984 (N.D. Cal. July 30, 2012); see also Hegwer v. American Hearing and Assocs., 2012 U.S. Dist. LEXIS 24313 (N.D. Cal. Feb. 27, 2012); Swenson v. T-Mobile USA, Inc., 415 F. Supp. 2d 1101 (S.D. Cal. 2006) (in case filed by employee in California after former employer had commenced enforcement action in Washington, California court dismissed and held that “[e]nforcement of the [Washington] forum selection clause itself here does not contravene a strong public policy of California).

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ILN Today Post

Estate Planning – Four Essential Documents

Estate planning can sometimes appear complicated, full of acronyms and sophisticated sounding concepts. While it is true that estate planning can be complicated, in its simplest form, an Indiana estate plan should consist of at least the following four documents:

  1. Last Will and Testament. In its most basic form, your Will provides for you to direct the distribution of your assets titled to your name individually upon your death and appoint a person (or persons) to administer your estate upon your death. If you die without a Will, assets titled in your individual name may be subject to intestate administration. More…
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The insider’s guide to English Pre-Nuptial Agreements

English pre-nups (PNAs) are now an important consideration for families intent on protecting the family wealth, thanks to the 2010 case of Radmacher v Granatino.  Whilst PNAs do not oust the jurisdiction of the English court to have the final say in the matter, they can be determinative when it comes to splitting up wealth in the event of a divorce, as long as they are freely entered into, with a proper understanding by both parties as to the implications of the agreement and make fair provision for each spouse. 

There is a lot of available information on what PNAs are but much less information on just who is making them and why.  I caught up with our family law partner, Teresa Cullen, to ask her some candid questions about PNAs.  I hope you will find the answers illuminating. 
Q: So tell us, how many PNAs do you write every year?
A: 20+. Definitely increasing, also it’s strangely seasonal work with a mad rush as we head towards the spring–summer wedding season.

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Multistate Tax Update – June 25, 2015

Last week, Gov. Rick Scott signed House Bill 33, which provides numerous tax incentives intended to benefit individuals and businesses. According to the bill analysis, the total impact of the incentives amount to $428 million, $365 million of which will occur in fiscal year 2015-16.Keep Florida Working, Gov. Scott’s initial $77 billion budget proposal, sought $673 million in tax cuts.

The bill’s key provisions include:

Sales tax credits: Florida currently imposes a 6 percent sales and use tax on the retail sale of many products. The revenue from this tax accounts for Florida’s largest general revenue stream, 75.7 percent in fiscal year 2014-15.

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Presset til at sælge med bindende videresalgspriser

Det sker med jævne mellemrum, at en leverandør bliver fanget i at fastsætte, hvilke minimumspriser kunden skal videresælge varer til. Senest har trailerproducenten Variant den 29. april 2015 accepteret en bøde på kr. 400.000,00 for at overtræde konkurrenceloven ved at indgå aftaler med en forhandler om dennes videresalgspriser til forbrugerne.

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Negligent Acts During Policy Period But Resultant Damage After: When Did the “Accident” Occur?

By Glen Boswall

In reasons for judgment released in May 2015 in Canadian Northern Shield Insurance Company v. Intact Insurance Company, the BC Supreme Court decided whether an insurer had a duty to defend where the insureds committed negligent acts within the policy period but the claimant’s resulting damage happened after. The particular question was whether there had been an “accident” within the policy period.

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ILN Today Post

Reviving dormant judgments in Illinois

Do you recall the height of the Great Recession when banks obtained judgments against debtors daily? What did you do when judgment was entered against your borrower/guarantor? Did you proceed to supplementary proceedings? Were citations to discover assets issued either directly to the debtor or a third party? Was a memorandum of judgment recorded? Was a credit report run and asset search performed? Have you searched the bankruptcy docket? If you are a banker or an attorney representing banks, now is an excellent time to revisit your drawer or spreadsheet of judgments to see if they are worth more than the paper they are printed on. More…

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ILN Today Post

15 Stradling Attorneys Named to 2015 Super Lawyers Rising Stars List

Stradling Yocca Carlson & Rauth, P.C. is pleased to announce that 15 of its lawyers have been named to the 2015 Southern California Super Lawyers Rising Stars list.  Read more.

Super Lawyers recognizes only 5% of attorneys in each state who received the highest point totals, as chosen by their peers and through independent research. The Rising Stars list has the same criteria except, a candidate must be either 40 years old or younger or in practice for 10 years or less. In addition, no more than 2.5% of nominees are named to Rising Stars. More…

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