Monthly Archives: December 2015

The procedure of confirming localization of industrial production in Russia was established

For the purposes of implementation of the Regulation of the Government of the Russian Federation dated 17 July 2015 No. 7191 on the criteria of assigning goods to industrial production having no Russian analogues, the Ministry of Industry and Trade of the Russian Federation (hereinafter – the “Ministry of Industry”) adopted an Order dated 12 November 2015 No. 35682 (hereinafter – the “Order”). The Order sets forth a procedure for confirming that industrial production was performed on the territory of the Russian Federation and specifies the rules for classification of industrial products having no Russian analogues. This regulation is generally directed at promoting localization in industry area and establishment of terms and limitations of admission of foreign goods on the market, including, in the course of state and municipal procurement.

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Mr. Mark Weintraub appointed as Queen’s Counsel

We are proud to announce that Clark Wilson lawyer Mr. Mark Weintraub was recently appointed as Queen’s Counsel (QC). The BC Lieutenant-Governor in Council, on the recommendation of the BC Attorney General, bestows this honorary title in recognition of Mr. Weintraub’s exceptional merit and contribution to the legal profession.

Clark Wilson Managing Partner James Speakman reiterates this prestigious recognition: “Mr. Weintraub is an outstanding lawyer and tireless advocate for his clients. His work translates into tangible and workable solutions. He is a strong leader and uses his professional platform to benefit both the legal industry and the greater community.”

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Tsawwassen First Nation rejects proposed LNG plant

The Tsawwassen First Nation rejected a proposed liquefied natural gas (LNG) plant on its land. David Austin speaks on the topic in relation to BC’s LNG industry compared to coal and oil. Watch the video to learn more.

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Week of December 14, 2015 on ILNToday – A Roundup!

roundupAlthough we’re in the middle of December, this will be our final roundup post of the year, with the Christmas holiday falling on next Friday, and New Year’s Day the following Friday. There will be a couple of other posts to round out 2015, but for today, enjoy our final round up of this week’s top posts from ILNToday! We’re bringing you a top TEN this week, because we have a lot of substantive content from around the world to share with you:

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The Court of Justice Ruling: US Safe Harbor Not Valid

The Court of Justice of the European Union (CJEU) has in a ruling on 6 October 2015 – Maximillian Schrems versus the Data Protection Commissioner ¹, declared the decision by
the European Commission on the adequacy of US Safe Harbor ², to be invalid.

The case concerns a complaint from Maximillian Schrems, an Austrian citizen, to the Irish Data Protection Commissioner regarding Facebook’s transfer of personal data from the EU to the US. The personal data of Facebook users within the EU is collected by Facebook’s subsidiary in Ireland and then transferred to servers hosted by Facebook’s US entity. The transfer is conducted on the basis of Facebook US Safe Harbor certification. Mr Schrems argued that the US and the Safe Harbor regime did not offer an adequate level of protection for the personal data of EU citizens as the US authorities could get hold of the personal data for non-specific surveillance and monitoring operations – this in light of the revelations made in 2013 by Edward Snowden concerning the activities of the US intelligence services, in particular the NSA. The Irish authority rejected the complaint. The High Court of Ireland, before which the case was brought, asked the CJEU for a preliminary ruling.

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Howard & Howard celebrates another successful year; congratulates five new shareholders

Howard & Howard Attorneys PLLC is pleased to announce that Emily E. Bennett, Paul T. Engel, Sam A. Fares, Steven M. Van Beek and Daniel L. Villaire Jr. have all become shareholders in the firm.

Emily E. Bennett concentrates her practice in civil litigation with an emphasis on commercial, class action, patent infringement, and employment disputes. Prior to joining Howard & Howard, she worked as a judicial law clerk for the Honorable Morton Denlow, United States Magistrate Judge for the Northern District of Illinois (ret).

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Supreme Court Set to Rule Upon Dismissal Provisions of Canada Labour Code

On January 19, 2016 the Supreme Court of Canada will hear arguments in the case of Joseph Wilson v. Atomic Energy of Canada Limited (“AECL”)(2015 FCA 17).  The case involves the proper interpretation of certain provisions of the Canada Labour Code(“Code”) and whether an employee whose employment is subject to the Code, if dismissed without cause, has automatically been unjustly dismissed. 
 
In this case, AECL had employed Mr. Wilson for four and a half years.  Starting out as a Senior Buyer/Order Administrator, Mr. Wilson had received many promotions.  His last position was Procurement Supervisor, Tooling.  That position was not managerial.  On November 16, 2009, AECL terminated Mr. Wilson’s employment without cause.  AECL offered Mr. Wilson a severance package equal to roughly six months’ pay in exchange for a full and final release.  Had his severance package been determined in accordance with the minimum statutory notice and severance requirements under the Code, he would have been entitled to only 18 days’ pay. 
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McDonald Hopkins Government Strategies Advisory: This Week in Washington – December 18, 2015

Omnibus on the floor today – what’s in it?

BREAKING NEWS: The House passed the omnibus spending bill by a vote of 316 to 113. 150 Republicans were joined by 166 Democrats in passing the bill.

Today, the omnibus spending bill went to the floor in the House. As of this morning, there remained some uncertainty as to whether the bill would pass. Speaker of the House Paul Ryan (R-WI), like his predecessor John Boehner (R-OH), had to rely on the votes of Democrats to get the omnibus across the finish line thanks to the defection of conservative House Republicans.

The omnibus spending bill clocks in at 2,009 pages and contains $1.15 trillion in federal spending through September of next year.

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Nothing but the kitchen sink: tort immunity and covenants to insure

In its recent decision in William Osler Health Centre v. Compass Construction et al., 2015 ONSC 3959, the Ontario Superior Court of Justice considered the scope of tort immunity arising from a covenant to insure in a CCDC 2 Contract (the “Contract”). Generally, tort immunity acts to prevent a party who covenants to insure another party from suing the other party for the losses which are insured. In this case, the Court considered whether the covenant to insure and related tort immunity extended only to the portion of the subject property that was under renovation or whether it extended to other parts of the subject property that were damaged in the course of construction. 

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New forms of notary inscriptions

Ministry of justice of the Russian Federation together with the Federal notarial chamber developed draft order “On approval of notary actions’ registration registers, notary certificates, verification inscriptions on transactions and certified documents” (hereinafter “Draft order”).

For the moment many of the notary inscriptions adopted by the current order No. 99 of the Ministry of justice of the Russian Federation dated 10 April 2002 have become irrelevant due to introduction of amendments into current legislation stipulating among other changes procedure for verifying decision of legal entities’ management bodies and order of entering into EGRUL information on facts of implementing activities by legal entities in view of the latest amendments to the Civil code of the Russian Federation1.

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