Monthly Archives: February 2016

(Français) Témoignage d’un ancien stagiaire – Travailler en droit des affaires

Quelques jours après mon arrivée au bureau au mois de mai 2014, une avocate du cabinet m’a prévenu qu’elle voulait que je lui donne un coup de main dans une importante transaction qui se profilait à l’horizon. Sachant que je serais disponible tout l’été, ainsi que pendant mon stage qui commencerait à l’automne, elle m’a pris sous son aile afin que je puisse vivre la réalité d’un avocat en droit des affaires dès le début d’une transaction.

Nous avons donc commencé par quelques rencontres, afin que je puisse comprendre la séquence des événements à venir. Dès lors, le travail n’a cessé d’être plus abondant, plus intéressant et plus passionnant, notamment par l’étendue des responsabilités qui m’ont été confiées et par la grande aide dont j’ai bénéficié de la part des autres avocats impliqués au dossier et de la part des adjointes et parajuristes, dont il ne faut jamais sous-estimer l’importance ou la compétence.

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ILN Today Post

Physician-Assisted Death – An Update

After the Supreme Court of Canada decision in Carter v. Canada (Attorney General), the Special Joint Committee of Physician-Assisted Dying was appointed to make recommendations on the framework of a federal response on physician-assisted dying.  Its report was recently published, and the recommendations are found at pages 35 to 38 of the report.

Relatedly, the British Columbia Supreme Court released a notice regarding applications for exemption from the Criminal Code prohibition against physician-assisted dying.  As it stands, there is a suspension of the Supreme Court of Canada’s declaration that the Criminal Code provisions “are of no force or effect to the extent that they prohibit physician‑assisted death for a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition”.  The purpose of the suspension is to allow Parliament to craft the appropriate legislation in response to Carter.

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Week of February 22, 2016 on ILNToday – A Roundup!

roundup2016 is already speeding by, with us arriving at the final roundup for February in what seems like the blink of an eye. We’ve got a great set of posts for you this week from ILN Today, from the impact of Judge Scalia’s passing on antitrust law to a regulatory update from India, and more on the infamous monkey selfies:

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ILN Today Post

Probate fee increases: a death tax by any other name?

This article is taken from Helena Luckhurst’s blog The Wealth Lawyer UK

Probate fees do not, on the whole, cause much consternation.   After someone dies, an application to the Probate Registry is often needed to obtain a grant – proof acceptable to English financial institutions that they can safely pay over the deceased’s assets to the personal representatives (PRs) named on the grant.  This exercise, one of the few occasions when PRs can swear at a lawyer without anyone getting upset (swearing the oath), is usually fairly straightforward and the application to the Probate Registry for the grant currently costs £155 if done through a solicitor.  However, in its recently published consultation, the Government states that it would like to raise probate fees to £20,000 for some estates.  Yes, £20,000 just to get the grant!  No wonder some quarters of the press have dubbed this another death tax.

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ILN Today Post

Excessive service charges and how to dispute them

This article is taken from the latest edition of Fladgate’s Fashion Update. Please email the marketing team onmarketing@fladgate.com to be added to the mailing list for future updates.

Retail shops obtain a number of benefits from taking premises which are within a shopping centre or on a section of high street where one landlord is the owner of a number of neighbouring premises. In particular it often means that the responsibility for providing services, including the maintenance and repair of the common areas, is retained by the landlord rather than being dealt with by individual tenants attempting to work together. This is a simpler system for tenants, who then only have to deal with paying for a relevant proportion of the cost of those services to the landlord as a service charge, the details of which will be set out in their lease.

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ILN Today Post

Alleging misleading “Made in USA” claims, FTC sues glue manufacturer

In the latest of regulatory and private actions attacking alleged misleading “Made in USA” claims, the Federal Trade Commission (FTC) has sued a manufacturer of fast-acting glues, alleging that its advertising contained misleading “Made in the USA” claims.

Background
In its “Enforcement Policy Statement on U.S. Origin Claims,” the FTC set forth its position that unqualified U.S. origin claims such as “Made in the USA” in labeling, advertising, other promotional materials, and other forms of marketing – including marketing through digital or electronic means – must be substantiated by evidence that the product is “all or virtually all” made in the United States.

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ILN Today Post

Keeping pace with changing times

The continued logjam on the effective working of the Parliament and the conflicting self-interest of political parties (at the cost of the nation) ensures that the legislature is unable to perform its key function of legislating new enactments to meet the needs of the changing times. One such important legislation awaiting enactment is the new Consumer Protection Bill, 2015 (“Bill”) in place of the extant The Consumer Protection Act, 1986 (“Consumer ProtectionAct”), which was introduced on the floors of the Lok Sabha in 2015 by the Minister of Consumer Affairs, Food and Public Distribution, Mr. Ram Vilas Paswan.

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Fair Pay Law Amendments Pending in New Jersey, Massachusetts, and California

Our colleague Nancy L. Gunzenhauser has a Technology Employment Law blog post that will be of interest to many of our retail industry readers: “Three States Seek to Bolster Fair Pay Laws.”

Following is an excerpt:

Following on the tails of recent updates in New York and California’s equal pay laws, New Jersey, Massachusetts, and California all have bills pending in their state legislatures that would seek to eliminate pay differentials on the basis of sex and other protected categories. …

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Fair Pay Law Amendments Pending in New Jersey, Massachusetts, and California

Our colleague Nancy L. Gunzenhauser has a Technology Employment Law blog post that will be of interest to many of our financial service industry readers: “Three States Seek to Bolster Fair Pay Laws.”

Following is an excerpt:

Following on the tails of recent updates in New York and California’s equal pay laws, New Jersey, Massachusetts, and California all have bills pending in their state legislatures that would seek to eliminate pay differentials on the basis of sex and other protected categories. …

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ILN Today Post

LexCounsel Regulatory Update – February 25

Capital Markets/Financial Services:

  • SEBI offers exit route to dissenting shareholders

The Securities and Exchange Board of India (SEBI) has amended the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, to provide an exit opportunity to dissenting shareholders (being at least 10% of the shareholders who voted in the general meeting), who have voted against a resolution for a change in objects or variation in terms of a contract, referred to in the prospectus. Also, the amount to be utilized for the objects for which the prospectus was issued should be less than 75% of the amount raised (including the amount earmarked for general corporate purposes as disclosed in the offer document). Such an exit offer is to be made by the promoters or shareholders in control in control of an issuer making an offer of specified securities. To this end, SEBI has also amended the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2016, to exclude an acquisition of shares or voting rights of a company under the exit route to dissenting shareholders.

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