Monthly Archives: November 2015

More than ever, your employees must weigh their words

November 30, 2015 — The recent tragic events in Paris have triggered a lot of discussion. It is therefore not unlikely that your employees would discuss those events and express their thoughts or opinions before third parties — including your customers. Certain basic rules still apply, notwithstanding the highly charged emotional context… 

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Zen & the Art of Legal Networking Recognized as Top 2015 Publication

New York (November 30, 2015) – The International Lawyers Network announced Monday that Director of Global Relationship Management’s blog, Zen & the Art of Legal Networking, has been recognized by LexBlog as a 2015 top publication.

Zen & the Art of Legal Networking is one of eight online publications designated as the “Best Law Blog Publications of 2015,” selected from more than 8,000 authors on LexBlog.

The top publication designation was announced in a recent LexBlog webinar featuring Colin O’Keefe and Zosha Millman. The selections were made based upon which publications “make the most of your time and focus on helpful tactics,” according to LexBlog. The recognition of the year’s top publications aims to provide bloggers with tools for adjusting their own approaches in 2016.

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Whistleblowers Under Sarbanes-Oxley and Dodd-Frank – Employment Law This Week

As we mentioned before the holiday, I was recently interviewed on our firm’s new video program, Employment Law This Week.  The show has now released “bonus footage” from that episode – see below. 

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DC Circuit: No False Claims Act Liability for Reasonable, Good Faith Interpretations of Ambiguous Regulations

On November 24, 2015, in United States ex rel. Purcell v. MWI Corp., No. 14-5210, slip op. (D.C. Cir. Nov. 24, 2015), the District of Columbia Circuit Court of Appeals ruled that federal False Claims Act (“FCA”) liability cannot attach to a defendant’s objectively reasonable interpretation of an ambiguous regulatory provision. While outside of the health care arena, this decision has implications for all industries exposed to liability under the FCA.

In Purcell, the government alleged that false claims had been submitted as a result of certifications made by defendant MWI Corporation to the Export-Import Bank in order to secure loan financing connected with MWI’s sale of water pumps to the government of Nigeria. 

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Stockmann seab fookusse Baltikumi

Jaemüügi grupp Stockmann väljub Venemaa turult ning ettevõtte juhi Per Thelin`i sõnul võimaldab see tugevamalt keskenduda tegevusele Baltikumis ja Soomes. Turg on nendes riikides küll stabiilsem, kuid jaemüüja hinnangul on Eestis ja Lätis märgata konkurentsi teravnemist. Stockmanni otsus Venemaalt lahkuda on tingitud sanktsioonidest, rubla ebastabiilsusest ning muudest geopoliitilistest mõjuritest põhjustatud majanduslangusest Venemaal. Oluline on edaspidi jälgida Stockmann`i arengud Eestis – tema senine trend on olnud langev ja nüüd on seevastu oodata jõulist katset seda kasvuks pöörata. 

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Benjamin Prud’homme honoured by the Young Bar

November 27, 2015 — Last night, the Young Bar of Montréal held the 9th edition of its Leaders of Tomorrow gala event. Benjamin Prud’homme was the winner in the Family Law category.

Adding to the prestige of this distinction is the fact that the Pre-selection Committee and the Young Bar’s Council of Governors, which made the final decision, were comprised of numerous judges and recognized leaders of the legal community. 

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Gifts of private companies and real estate to charitable organizations

Geoff White wrote an article for Leave a Legacy Vancouver about giving significant gifts to charitable organizations and new gifting opportunities coming in 2017. “With careful planning, [people] can share their success and pass along our community even greater than it was passed on to us,” explains Geoff. Check out the full article (page 18).

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Court Appointed Receiver Liable to pay Substantial Indemnity Costs

Earlier this year ( June 9th ), I wrote about a case in which the Court of Appeal for Ontario set aside “breathtakingly broad” receivership orders that put in place an “investigative receivership”.  This month, the court released its ruling on costs arising from its decision. See Akagi v. Synergy Group (2000) Inc. 2015 ONCA 771. 
 
On the appeal, the court  had set aside ex parte orders issued by Justice Colin Campbell of the Superior Court of Justice (Commercial List).  The court concluded that the orders appointing the receiver stood “on a fundamentally flawed premise” and were “unjustifiably overreaching in the powers they granted”.  
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Transparency and trusts: an update

Many of you will know that the UK has now passed legislation requiring the beneficial ownership of UK registered companies to be held on a publicly available register by June 2016.  The exact detail of what has to appear on the register at Companies House is yet to be confirmed.
With companies in the spotlight, it was only a matter of time before trusts came under similar scrutiny.  It was clear from the recitals to the EU’s 4th Anti-Money Laundering Directive (4AMLD) that trusts and similar structures should not be given comparatively favourable treatment.  Therefore Article 31 of the 4AMLD provided, among other things, that Member States should require trustees to hold accurate information about the settlor, trustees and beneficiaries.  The trustees should also provide that information to a central register.  However, only trustees of a trust which ‘generates tax consequences’ were obliged to do so. 
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Welcome Partner Scott Lamb

Clark Wilson would like to warmly welcome Scott Lamb as a Partner with our Technology, Intellectual Property and Infrastructure, Construction & Procurement Groups. Scott brings a wealth of experience in intellectual property, construction and privacy law. We are pleased to have him join our team.

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