Monthly Archives: August 2015

CSA Wants More Information on Exempt Distribution Reports

By Bernard Pinsky, Q.C.

On August 13, 2015, the Canadian Securities Administrators (“CSA”) proposed a new form 45-106F1 (the “Proposed 45-106F1”), which would replace both the current form 45-106F1 required in all provinces and the form 45-106F6 currently required in British Columbia, both of which report on exempt distributions of securities.

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David Austin in Business in Vancouver

David Austin was featured in a Business in Vancouver article about the new realities of environmental reviews in BC. “The bigger problem is that, over the years, some environmental consultants have become more like advocates for their clients and less like the independent scientists they are supposed to be,” explains David.

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Rainmaking Recommendation from Jaimie Field: Networking Not Working?

Today’s Rainmaking Recommendation from rainmaking trainer and coach, Jaimie Field, may be one of my all time favorites, since it addresses many of the complaints I hear time and time again about networking. If you think networking isn’t working for you, and these first few sentences sound familiar, read on!


“I go to networking events all of the time and I have never gotten a client from it.”

“I gave them my business card and they never called.”

“I don’t have time to network.”

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Student Athletes as Employees – Second Down: The Steelworkers and The NLRB

As we reported, earlier this week the National Labor Relations Board (“NLRB” or “Board”) decided that it would not exercise jurisdiction with respect to the representation petition filed by the College Athlete Players Association seeking to represent the scholarship members of the Northwestern University football team.  The Board did not answer the question of whether it considered the team members to be employees of the university and explained that for policy reasons it was not answering the critical questions at this time.  It did however make clear that it might well do so in the future and that it very well could find players on scholarship to be employees who have the right to negotiate with the university as their employer.

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Jason S. Novak to host an international debating competition

August 19, 2015 — On September 9, Jason S. Novak will be hosting the International Debate Championship, that will be held at the Quebec Court of Appeal in Montréal. Last year, Jason was the winner of that annual competition that gathers representatives from young lawyers’ associations from around the world.

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Coping With the New Definition of Exempt Employees: The Proposed New Salary Test May Not Benefit Currently Salaried Employees

Under the Federal Fair Labor Standards Act (and state wage hour laws) certain hourly paid employees must be paid time and one-half their regular rate of pay for all hours worked over 40 in a regular work week.

But certain employees (for example many general managers and lead managers) are exempt from this requirement if they satisfy three qualifications imposed by federal regulations:

  1. The employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed;
  2. the amount of salary paid must be at least $455 per week; and
  3. the employee’s job duties must primarily involve executive, administrative, or professional duties as defined by the regulations (the “duties test”).
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ILN Today Post

Sixty One Shutts & Bowen Attorneys Listed in The Best Lawyers in America 2016

Sixty one Shutts & Bowen lawyers were recently selected by their peers for inclusion in The Best Lawyers in America® for 2016.

Joining the Best Lawyers list for the first time this year are Joseph Englander in Trademark Law, and James F. Johnston and Julie Simas James in Real Estate Law. More…

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Case Review: McCormick v. Fasken Martineau DuMoulin LLP

By Heather Hettiarachchi

In the much anticipated decision of McCormick v. Fasken Martineau DuMoulin LLP issued today, the Supreme Court of Canada ruled that Mr. McCormick, previously an equity partner of Fasken Martineau DuMoulin LLP (“Fasken”), could not avail himself of the protection afforded to employees pursuant to s. 13 of the British Columbia Human Rights Code (the “Code“), as his relationship with the firm was not that of an employee.

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Two Ways to Stop Your Headlines From Sending You Running for Cover


If you’re a writer, you need them. But they can often be the bane of our existence. Especially in the legal industry, where we’re trying to balance the technical aspects of legal writing with attention-grabbing catchphrases that can sound a bit trite and silly.

And you want to do all of that in 120 characters or less, so that you can easily share that, plus a link to your content, on all social sites.

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Telehealth: The Medicaid Reimbursement Landscape

medicare1As many of you know, reimbursement for telehealth services is a mixed bag.  On the one hand, private payers generally seem ahead of the curve.  Many leading private insurers reimburse for telehealth.  Generally these coverage policies provide reimbursement for telehealth services when they involve the use of real-time interactive audio, video, or other electronic media for diagnosis and consultation.  Just as significantly, more than half the states and the District of Columbia have passed telehealth parity statutes which require health insurers to provide coverage for services provided via telehealth if those services would be covered if provided in-person.  The picture for private insurer telehealth coverage is generally good and getting better.

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