Monthly Archives: June 2015

ILN Today Post

Opposing a tenant’s 1954 Act lease renewal – Part 2

his is the second in a series of articles looking at the grounds a landlord can use to oppose a tenant’s lease renewal where the lease is protected by the terms of the Landlord and Tenant Act 1954. In this article we are going to be looking at the grounds of opposition contained in sections 30(1)(b) and 30(1)(c). These are both referred to as “fault” grounds, where the landlord relies on the default of the tenant. If a landlord is successful in opposing a lease renewal relying on either of these grounds then a new lease will not be granted to the tenant and the tenant is not entitled to any statutory compensation.

Section 30(1)(b) (ground (b)) states “that the tenant ought not to be granted a new tenancy in view of his persistent delay in paying rent that has become due”. More…

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — June 19, 2015

Last week, opponents of President Obama’s trade agenda thought they had scored a decisive victory when they brought down the legislative package in the House. This week, however, trade proponents gave the trade effort new life.

On Thursday, by a 218-208 vote, the House approved Trade Promotion Authority (TPA), better known as fast-track, on its own, decoupled from Trade Adjustment Assistance (TAA), an aid measure that Democrats struck down last week to block TPA. The bill was backed by 28 Democrats on Thursday, while 50 Republicans voted against it. The Senate is expected to take it up next week with the goal—supporters hope—of delivering the whole package to Obama’s desk before the July 4 recess.

Still, it might only take a handful of less-convinced pro-trade Democrats to derail TPA before it gets there. They have received assurances from House Speaker John Boehner and Senate Majority Leader Mitch McConnell that TAA will get a quick vote. But there has been no indication from the 14 Senate Democrats who backed the TPA/TAA package that they’re on board with the plan.

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ILN Today Post

New Privacy Tort to Play a Broader Role in Class Actions

In an era marked by rapid technologically enabled social change, constrained regulatory budgets, crowded legislative agendas and mounting evidence of the widespread under-protection of sensitive personal information, courts in Ontario have adopted an activist stance in response to innovative lawsuits launched by individuals seeking redress for alleged breaches of privacy rights. The latest example of such a response is the recent unanimous decision of the Ontario Court of Appeal in the case of Hopkins v. Kay (2015), 124 OR (3d) 481 (Ont. C.A.) in which the court upheld the lower court’s expansion of the relatively new common law tort of intrusion upon seclusion to claims which also fall within the scope of Ontario’s Personal Health Information Protection Act (“PHIPA”).

Intrusion upon seclusion was first recognized as a common law cause of action for breach of privacy which co-exists with the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) in 2012 by the Ontario Court of Appeal in the case of Jones v. Tsige 2012 ONCA 32 (CanLII). In that case, which involved improperly accessed bank-held personal information, the court stated that the following  elements needed to be satisfied in order to establish a successful intrusion upon seclusion claim: More…

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ILN Today Post

Mobile Technology Under The FTC Spotlight

The Federal Trade Commission recently issued its “Annual Highlights Report,” which provides a snapshot of the agency’s work in 2014. The FTC report illustrates the agency’s growing focus on mobile technology issues, emphasizing many notable enforcement actions and policy initiatives involving mobile purchases, privacy and data security, and mobile cramming issues. In fact, over one-third of the staggering $642.4 million in total redress and disgorgement ordered across all FTC enforcement actions in 2014 were settlement amounts arising from mobile technology related matters. We highlight some of the FTC’s notable work in this area below.

In-App Purchasing

Google Inc., Apple Inc. and Amazon.com Inc. all drew the attention of the FTC, who complained that the tech giants had used unfair commercial practices by making it too easy for children to make “unauthorized” purchases while using their parents’ devices. In some cases, kids had racked up hundreds of dollars in in-app charges without the knowledge or permission of their parents. More…

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ILN Today Post

HOWARD & HOWARD CONGRATULATES OUR TEN ATTORNEYS NAMED TO MOUNTAIN STATES SUPER LAWYERS AND RISING STARS 2015

Royal Oak, Michigan, June 18-, 2015:  Ten of Howard & Howard’s attorneys were recently named to the 2015 Mountain States Super Lawyers and Rising Stars lists

The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division based in Eagan, MN.  Each year, the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. Mountain States Super Lawyers covers the states of Nevada, Utah, Montana, Idaho and Wyoming. Only five percent of the lawyers in each of these states are named to Super LawyersMore…

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Lidings announces Petr Nikitenko joining the firm’s Moscow office as Counsel

Lidings, the leading Russian law firm, advising international and Russia companies on all aspects of Russian law announces Petr Nikitenko joining the Moscow office as Counsel in the Dispute Resolution Practice.

Prior to joining Lidings he worked as Head of Dispute resolution practice at a major Russian law firm. Under his leadership, the practice improved its positions on the Russian market and earned recognition by the leading domestic and international ranking agencies. He has extensive experience in leading complex projects and litigation including bankruptcy proceedings and management of distressed assets. His practice also spans corporate and commercial matters as well as legal support of large scale investment projects. Petr assisted clients across a wide range of industries with a particular expertise in advising the automotive and real estate and construction sectors.

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ILN Today Post

The ChAFTA finally revealed as we move towards commencement

Many would recall the excitement associated with the announcement in November 2014 that Australia and China had agreed to enter into the China – Australia Free Trade Agreement (ChAFTA)

ChAFTA finally signed

At that time, there was a release of general information on “headline” commercial benefits to be delivered through the ChAFTA.  However, since that time we have been waiting for the text on the ChAFTA which was finally released yesterday (17 June 2015) at the time it was signed on behalf of the parties.
I have only had the opportunity for a brief review of the terms of the ChAFTA but thought I would issue some comments on some of the more practical aspects which may affect those affected, whether dealing with goods or services. More…

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ILN Today Post

Data breaches sink senior management careers – don’t be next

Recently CEOs and CIOs at some major organisations have lost their jobs because of data breaches on their watch.  The risks of hacking, data theft and accidental data disclosure continue to grow.

In this article we offer tips on how to ensure your organisation is well prepared in case a data breach occurs. Whether you are well prepared could make the difference between a mangeable outcome and a “data disaster”.

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More…

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Oil and Gas Alert: Ohio Supreme Court ruling a win for mineral holders

The Supreme Court of Ohio rendered its first decision today regarding Ohio’s Dormant Mineral Act in the case of Dodd v. Croskey, with significant implications for landowners and owners to mineral rights involving Utica Shale.

In a unanimous decision, the Supreme Court ruled that under the 2006 amendments to the statute, after an owner of surface land gives notice of their intent to declare the mineral interest abandoned, the holder of the mineral rights can preserve their rights by timely filing an affidavit with the county recorder. The affidavit must state the nature of the mineral interest, the recording information upon which the claim is based, and that the mineral holder intends to preserve the mineral interest. This decision has significant implications affecting and preserving the rights of oil/gas mineral holders in Ohio. McDonald Hopkins represented a group of the mineral holders in this case.

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Multistate Tax Update — June 18, 2015

Earlier this month, in Grace Cathedral, Inc. v. Testa, the Ohio Supreme Court concluded that Grace Cathedral, Inc. was entitled to a tax exemption for 2010 for providing temporary housing free of charge to visitors participating in worship services, reversing the decision of the Board of Tax Appeals (BTA). The court relied, in part, on an Ohio statute that exempts “[h]ouses used exclusively for public worship, the books and furniture in them, and the ground attached to them” from taxation.

Background

Grace Ministries, Inc. is well known in and beyond Ohio. The congregation’s leader, the Rev. Ernest Angley, travels and conducts a television ministry, and Grace Cathedral has members and supporters throughout the country and around the world. Worshippers often go to Akron to attend live services.

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