Monthly Archives: June 2015

Meeting with the UN Secretary General (22.6.2015)

In May, Junior Office Assistant, Hugh Creaton, was one of seven UNICEF Ireland Youth Ambassadors who met with the UN Secretary General, Mr Ban Ki-Moon, to advocate for the protection of children’s rights and raise concerns on matters such as climate change, education and direct provision. Hugh gave a confident opening performance at the meeting. Speaking about the event Hugh said, “It was a great honour to meet with the Secretary Genera …

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Business Law: Proposed Export Control Reform impacts cloud storage, email, and U.S. workers abroad

The Obama administration continues its attempt to implement Export Control Reform (ECR) with proposed changes to regulations governing a number of matters, including:

  • Cloud computing
  • Email transfer of export controlled technical data and technology
  • The international defense industry

The proposed rule changes would remove existing licensing and approval requirements from the transfer and storage of technology or software in encrypted form, subject to certain conditions. In addition, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) has proposed revising the International Traffic in Arms Regulations (ITAR) to require all U.S. persons—U.S. citizens, permanent residents (“green card” holders), refugees, asylees, or temporary residents protected under the Immigration Reform and Control Act of 1986, and any entity, organization, or group that is incorporated in the United States—who provide defense services abroad to be registered and licensed, absent an applicable exception.

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My Child is 18 Years Old!

Having a child attain the age of 18 brings with it the legal age of majority and autonomy in her decisionmaking.  One aspect of this age of “adulthood” that may not be readily apparent to both the now-adult child and her parents is the immediate loss of the parents’ ability to serve as a decisionmaker.  Simply stated, as the “child” is now an adult, the young adults’ parents no longer have access to and ability to serve as a financial or medical decisionmaker for their child.  As this article explains, this can have serious implications in the case of an adult child who becomes incapacitated for any reason — illness or accident — even of a temporary nature.  Well planned parents and their adult children should consider getting, at a minimum, incapacity planning documents in place, which includes an Appointment of Health Care Representative and Power of Attorney document.

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Supreme Court to Pot Users: No Need To Smoke Your Medicine

The Supreme Court of Canada has ruled that users of medical marihuana need not “smoke their medicine” but rather can get access to the drug in other forms.  In the case of R. v. Smith, 2015 SCC 34, the court ruled that under the Controlled Drugs and Substances Act (“Act”), a medical access regime that permits access to only dried marihuana unjustifiably violates the guarantee of life, liberty and security of a person contrary to section 7 of the Canadian Charter of Rights and Freedoms (“Charter”). 
 
The Act prohibits the possession, production and distribution of cannabis, its active compounds and its derivatives.  However, in recognition of the fact that controlled substances may have beneficial uses, the Act empowers the government to create exemptions by regulation for medical, scientific or industrial purposes.  The Marihuana Medical Access Regulations created such an exemption for people who can demonstrate a medical need for cannabis.  Applicants are required to provide a declaration from a medical practitioner certifying that conventional treatments were ineffective or medically inappropriate for treatment of their medical condition.  Once they had met all regulatory requirements patients were legally authorized to possess dried marihuana, defined as “harvested marihuana that has been subjected to any drying process”.
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ILN-terviews: Marjorie Suisman, Davis Malm & D’Agostine

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we’re continuing our Instagram video series!

Each of the videos below answers the questions that precede it – Marjorie Suisman of Davis Malm & D’Agostine in Boston, Massachusetts is the subject of our latest set of videos!

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ILN-terviews: Amy Fracassini, Davis Malm & D’Agostine

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we’re continuing our Instagram video series!

Each of the videos below answers the questions that precede it – Amy Fracassini of Davis Malm & D’Agostine in Boston, Massachusetts is the subject of our latest set of videos!

In one sentence, how would you describe your practice?

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Week of June 15, 2015 on ILNToday – A Roundup!

roundupIt’s just about summertime here in the northeast, and it’s already hot and humid today! But before you head out for the weekend and enjoy some time on the beach, make sure to check out these top posts from this week on ILNToday!

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ILN Today Post

Update on companies’ requirements

ffect of Companies Amendment Act 2014 on Companies Office filing obligations

Additional information needs to be provided to the Companies Office as a result of changes introduced by the Companies Amendment Act 2014.

The main changes are:

1. New Zealand incorporated companies need to have a director who either lives in New Zealand or Australia, and if the director lives in Australia, they must be a director of a company incorporated in Australia. More…

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ILN Today Post

The “blame culture” targeting directors is here to stay: Some practical steps to protect directors from litigation

Over the last decade the business world has changed forever. Corporate scandals on a considerable scale, amendments to securities regulations worldwide, increased shareholder awareness and extended rules on corporate governance have made being a company director in the 21st century an increasingly difficult task.

Directors have always been bound by many duties arising under jurisdictional laws and even from imputation of personal liability solely due to their position. The difference in today’s world is that stakeholders have far greater forms of remedy against directors and more of a “blame culture” has developed, increasing the appetite for litigation. More…

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ILN Today Post

MYANMAR’S UPCOMING NEW COMPANIES ACT AND REVISED FOREIGN INVESTMENT LAW

Since sanctions were lifted in 2012, economic growth in Myanmar has been on a steady rise in no small part to foreign direct investment which rose to US $8 billion in 2014, double the previous year’s total. The more lenient and liberal investment regulations enacted by the Myanmar government over the past few years have only encouraged further growth. The forthcoming reformation of the antiquated Companies Act of 1914 and changes to Foreign Investment Act of 2012 indicate that this trend will most likely continue.

The Companies Act of 1914 has been in dire need of revision for many years, but this issue has been brought to the forefront with the opening of Myanmar’s economy for foreign investment. The Companies Act is currently being revised by the Directorate of Investment and Company Administration (DICA) with assistance from the Asian Development Bank. These organizations plan to modernize the Companies Act by overhauling the regulations regarding the formation and management of companies in Myanmar. All of this is being done with the hopes that it will spur economic development and investment, as well as provide sound and familiar legal principles for companies to abide by. More…

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