Monthly Archives: August 2015

ILN Today Post

CONSTRUCTIVE DISMISSAL IN CANADA — A LEGAL CONSTRUCT CLARIFIED BY THE SUPREME COURT OF CANADA

1. Dynamic is an apt description of labour and employment law in Canada, particularly bearing in mind how these areas have been reshaped by the Courts in the past decade.1 While its bijural system of private law — Anglo-Canadian common law in nine provinces and three territories, and a distinctive civil law tradition in Quebec — might be expected to result in disparate solutions to common human resource issues,2 the Supreme Court of Canada, whose judges represent both traditions,3 has sought to harmonize employment law principles throughout the country.4 Where it felt useful, it is also borrowed from arbitral precedent of the unionized sector of Canada’s labour force, where reliance on precedent from other legal traditions has been more frequent. A review of the Supreme Court’s recent decision in Potter v. New Brunswick Legal Aid Services Commission, 5 in which numerous employment law principles were canvassed, reviewed, modernized and harmonized, is a seminal case in point. The fact that it arose in a common law environment did not deter Mr. Justice Wagner6 from, in part, using a comparative law framework to expand common law precedent to harmonize outcomes with norms already present in Quebec civil law. What results is not only needed clarification in various areas of employment law but a judgement which works effectively within Canada’s bijural system while remaining true to the principles of each legal system individually. More…

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Sharon Druker closes a transaction in the pharmaceuticals field

August 3, 2015 — On June 22, Gladius Pharmaceuticals Inc., a new Montréal-based biotechnology firm, announced the closing of the equity financing via a cross-border vehicle of US technology developed by Sopharmia Inc. This investment will support Gladius’ development of novel drugs destined to treat major multi-drug-resistant bacterial infections.

Sharon G. Druker represented Sopharmia and Gladius on the deal, which also involved SR One (GlaxoSmithKline’s venture capital fund) and Lumira (Merck Lumira’s venture capital fund), as well as the Fonds de solidarité FTQ.

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BNA Webinar: Opportunities and Obstacles: Preparing for the Transition to the ICD-10 Code Set

On Tuesday, September 1, 2015, from 1:00 PM to 2:00 PM ET, George BreenChair of Epstein Becker Green’s National Health Care and Life Sciences Practice Steering Committee, will co-present “Opportunities and Obstacles: Preparing for the Transition to the ICD-10 Code Set,” a webinar hosted by Bloomberg BNA.

With the transition to the ICD-10 code set coming in October, the health-care industry is grappling with adopting new technology and making last-minute preparations. The switch to ICD-10 also presents new opportunities to increase productivity and improve patient health.

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EBG Named As One of the 50 Best Law Firms for Women

When I learned that Epstein Becker and Green had been named among the “50 Best LawJennifer Barna Firms for Women” by Working Mother magazine and Flex-Time Lawyers for 2015, I was not surprised.  Nor were any of my female colleagues here at EBG.  We know firsthand that our firm is the real deal when it comes to supporting, retaining and advancing smart, hard working women at every level of their careers.

According to Working Mother and Flex-Time Lawyers, inclusion in this meaningful list means that EBG is among the 50 firms that have been “recognized for their family friendly policies and career and business development initiatives that are helping to retain women attorneys and advance them into the leadership pipeline.” This year’s award measures firms on such factors as representation, flexibility, leadership, compensation, and advancement of women, as well as development and retention of women.

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ILN Today Post

HOMS News Issue 1 2015

Summertime and the living is easy…goes the song. Thankfully the economy is improving but the living is far from easy. Key challenges continue in the wider economy with the burden of significant debt overhang. However, things have begun to improve and we are now beginning to see the green shoots of recovery. The international sector of the economy remains strong but the SME sector still struggles. More…

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ILN Today Post

The rise and rise of trade facilitation

Originally published in Lloyd’s List

In recent times, there has been extensive commentary on the benefits which would flow from enhancements in trade facilitation. Conversely, at the same time there has been similar commentary as to the need to enhance levels of compliance and supply chain security to ensure that trade is safe and reported correctly and that all necessary revenues are collected. More…

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ILN Today Post

Changes to the way financial services disclosures need to be made

Until now, the Corporations Act (the Act) has required financial services providers to send disclosure documents (such as financial services guides (FSGs) or product disclosure statements (PDSs)) in paper form unless they held express consent from the consumer for digital communications.

ASIC has recognised the need to remove regulatory barriers to providing financial services disclosures electronically.  Updated Regulatory Guide 221 Facilitating digital financial services disclosures acknowledges that this will be more convenient for consumers and is expected to result in significant cost savings for industry. More…

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ILN Today Post

Confusion reigns after TPP fails to launch

After a week of intensive speculation on the successful completion of negotiations regarding the Trans-Pacific Partnership Agreement (TTPA), news from Maui is that the parties could not, in fact, reach agreement on the TPPA.

Notwithstanding vocal opposition to some aspects of the TPPA, I remain of the view that it is an important and worthwhile agreement on its own account and sets an excellent foundation for further trade initiatives. More…

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Experienced IP attorney Robert Cosmo Baraona returns to McDonald Hopkins

CLEVELAND (August 3, 2015) – Robert Cosmo Baraona has joined as senior counsel in the Intellectual Property department at McDonald Hopkins LLC, a business advisory and advocacy law firm where he worked for two years earlier in his career. Based in McDonald Hopkins’ Cleveland office, Baraona joins a national team of more than 25 intellectual property attorneys and professionals.

Baraona served the past 10 years as patent counsel for Energizer Holdings, Inc., a global consumer products manufacturer. In his role, he developed comprehensive intellectual property strategies and best practices for the company’s battery and lighting products. He also managed patent prosecution and litigation, negotiated numerous supply, consulting, license and purchase agreements, and counseled the company’s global manufacturing and R&D operations on intellectual property matters. Baraona began his legal career with BWX Technologies, Inc., a global energy equipment and services supplier, where he spent four years as patent attorney for McDermott Technology, Inc. and as patent counsel with their Government Services Group.

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Data Privacy and Cybersecurity: Threat of identity theft is enough for your consumers to sue

In the recent decision on Remijas v. Neiman Marcus Group, LLC, No. 14-3122, the 7th U.S. Circuit Court of Appeals held that the likely threat of identity theft is enough for a class of customers who had their personal information exposed in a data breach to have standing to sue the company that got hacked. In this case, the company that got hacked was Neiman Marcus, and the hack exposed 350,000 customer payment cards between July 2013 and October 2013. Of the cards exposed, 9,200 were fraudulently used, and class action litigation followed.

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