In December 2014, we represented our client, one of the specified persons in the inquiry held at the Market Misconduct Tribunal concerning allegation of insider’s dealing of shares in Asia TeleMedia Limited (now known as Reorient Group Limited). The long-awaited report of the Tribunal has now been published on 26 November 2015. With great pleasure, we are pleased to announce that our client is not identified as an insider dealer pursuant to s.271(3) of the Securities and Futures Ordinance.
Monthly Archives: December 2015
McDonald Hopkins attorney Rick Hindmand will be a presenter for AHLA’s Distance Learning webinar on “Physician Self-Referral Regulations Revisions: Implications and Challenges.” The program will provide an understanding of the revised Stark Law self-referral and “incident to” regulations. The principal CMS developers of the Stark Law revisions and private practice attorneys will discuss these changes and provide insights on interpreting and responding to these changes.
Bill Holder was successful in the BC Court of Appeal yesterday following a lengthy dispute between our client, a large commercial landlord, and an anchor tenant of the Hub Centre in Westbank. B.C. The dispute concerned the tenant’s ongoing responsibility for the payment of its proportionate share of property taxes. The appeals court upheld the trial court’s judgement in favour of our client and confirmed the anchor’s obligation to pay taxes based on the landlord’s calculation of same.
The auction for allocation of mobile telecommunication frequencies of 4th generation (LTE) ranged between 2570–2620 MHz will be held in Russia in February 2016 (hereinafter – the “Auction”).
According to the documentation on holding of the Auction, available at the Roskomnadzor website, the frequencies will be raffled for each region of the Russian Federation excluding Moscow, Moscow region, Republic of Crimea and Sevastopol. Each lot of the Auction includes a right to obtain licenses for provision of the following telecommunications services within said frequencies:
Federal Tax Service of Russia listed measures to improve efficiency of collecting obligatory payments
In late October Federal tax service of Russia recommended by two its letters dated 21 October 2015 N ГД-4-8/18401@ “On settlement of a debt natural persons” and N ГД-4-8/18402@ “On actions of tax authorities to improve efficiency of collecting obligatory payments” to tax authorities the step by step procedure for collecting natural person’s tax debts. Actually rights and obligations of tax authorities set out by Tax Code of Russia have not been extended by these letters.
The Securities and Exchange Commission (SEC) recently issued a proposed rule that would require issuers to recover (or clawback) incentive-based compensation from executive officers in the event of a restatement of financial reports due to material noncompliance, regardless of whether the executive officer was at fault for the restatement. The proposed rule is one of the last remaining pieces of executive compensation regulatory action required by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd Frank), which Congress passed in 2010 in response to the earlier financial crisis.
December 15, 2015 — Pierre Bazinet recently obtained a favourable decision in a case that received ample media coverage at the onset. A couple had been condemned to pay a very substantial award to a schoolteacher whom they had slandered in the media. After having tried to defend themselves all the way to the Supreme Court, unsuccessfully, they finally notified their insurer and claimed compensation for the award that they were to pay and the costs of their defence.
Pierre, who represented the insurer, raised three defences: the late notice that caused prejudice to the insurer, the denial of coverage in a case of intentional fault and the prescription applicable to the costs of the defence.
One of the most critical points in a company’s relationship with a commissioned sales representative is the termination of that relationship. Often a sales representative agreement provides for termination, but is silent about the commission payments owed, if any, after termination. In many cases, the company simply stops paying commission after termination, which inevitably leads to expensive and time consuming litigation. Careful drafting before entering into the relationship is the best way to avoid disputes later on and provides certainty when the relationship ends.
In a decision with ramifications for employers in health, retail, hospitality and other industries serving the public, on October 22, 2015 in a decision, Marina Del Rey Hospital, 363 N.L.R.B. No. 22, 2015 BL 347693, the NLRB confirmed the legality of policies barring employees from the premises when not on duty, which contain an exception permitting off-duty employees to be on the premises as members of the public, e.g., as a patient or a visitor. The Board found, however, that enforcement of the facially neutral policy to certain employment restrict protected activity constitutes an unfair labor practice. The decision addressed the policy stated in the Marina Del Rey Hospital’s employee handbook stating:
Off-duty employees may access the Hospital only as expressly authorized by this policy. An off-duty employee is any employee who has completed or not yet commenced his/her shift.