Monthly Archives: February 2016

ILN Today Post

KLA Alert – Bancário e Financeiro – Fevereiro 2016

DECLARAÇÃO DE CAPITAIS BRASILEIROS NO EXTERIOR – CBE

O Banco Central do Brasil começou a receber, a partir de 15 de fevereiro de 2016, a declaração de bens e valores detidos no exterior por pessoas físicas ou jurídicas residentes, domiciliadas ou com sede no Brasil.

Devem ser declarados os valores de qualquer natureza, os ativos em moeda e os bens e direitos detidos fora do território nacional que, somados, totalizem montante igual ou superior a US$ 100 mil (cem mil dólares), ou seu equivalente em outras moedas, considerando-se a data-base de 31 de dezembro de 2015.

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ILN Today Post

Sócios do KLA comentam a efetividade da justiça brasileira na persecução criminal contra pessoas físicas

No artigo “A efetividade da persecução criminal contra indivíduos no combate à corrupção: o exemplo do Brasil” publicado em 15 de fevereiro pelo JOTA, Isabel Franco e Eloy Rizzo, sócios da área de Anticorrupção & Compliance do KLA, destacam a efetividade do Poder Judiciário Brasileiro para processar criminalmente executivos envolvidos em crimes de corrupção, traçando um paralelo com a realidade norte-americana.

Os sócios do KLA reconhecem o excepcional trabalho que vem sendo desempenhado pelos profissionais brasileiros com atuação nas áreas de anticorrupção e integridade corporativa, e os efeitos positivos desse trabalho no modo de se fazer negócios no país daqui para a frente. De acordo com os sócios: “Os nossos profissionais tupiniquins vêm fazendo um trabalho excepcional e eficiente no combate à corrupção, que tende a produzir efeitos educativos no longo prazo e certamente alterará a maneira de se fazerem negócios em nosso país.”

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Steps for Avoiding Unexpected Joint Employer Liability

Jang Hyuk Im

Jang Hyuk Im

My colleague Jang Hyuk Im, a Member in the firm’s San Francisco office, authored an article in Law360 titled “Steps for Avoiding Unexpected Joint Employer Liability.” (Read the full version – subscription required.).  I thought you might find Jang’s article of interest particularly given recent media coverage about the outsourcing of domestic IT jobs and legal challenges facing employers.

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ILN Today Post

Steve Parson earns PulteGroup’s 2015 MVP Award at Annual Law Summit

Steve Parson, a partner in the West Palm Beach office, was recently named by The PulteGroup as one of five national winners of its 2015 MVP Award. Steve was honored at the PulteGroup’s annual Law Summit attended by several hundred attorneys and approximately 75 law firms from across the country.

Steve is a long time outside attorney for the Florida Pulte team. As part of their nomination, they said: “He has a very good understanding of Pulte’s business objectives and risk tolerance, and he works seamlessly with the division Ops Team. During the past year, Steve closed a number of large transactions in the [San Francisco] market and he continues to provide valued and efficient legal representation.“

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Rainmaking Recommendation from Jaimie Field: The Lifeblood of Your Rainmaking

We’re back with another Rainmaking Recommendation from rainmaking expert and coach, Jaimie Field, who is talking about something that’s near and dear to the hearts of everyone in my Network – referrals.

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Did you know there is one sure-fire, really easy, totally free way to grow your book of business?

Referrals.

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Appeal Court Finds Judicial Bias on Jurisdiction Motion

In a recently released decision, the Ontario Court of Appeal found that a motion judge’s actions on a jurisdiction motion gave rise to a reasonable apprehension of bias.  As a result, the Court of Appeal set aside the order made at the motion and ordered that the jurisdiction motion be heard again before a different judge of the Ontario Superior Court.  The full decision is report at Stuart Budd & Sons Limited v. IFS Vehicle Distributors ULC, 2016 ONCA 60.

In the action, various plaintiffs, including plaintiffs in Ontario, sued four foreign defendants for breach of franchise agreements.  The defendants brought a motion to dismiss the action arguing that the Ontario court lacked jurisdiction.  In the alternative, they asked the court to stay the action on the basis of forum non conveniens.  The motion was heard before Justice David Corbett of the Ontario Superior Court of Justice.  Justice Corbett dismissed the motion.  He found that there was jurisdiction simpliciterin Ontario for all claims, including for those claims that had arisen in other Canadian provinces.  He also held that Ontario was the most convenient forum in which a single proceeding would be held. 

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Appeal Court Finds Judicial Bias on Jurisdiction Motion

In a recently released decision, the Ontario Court of Appeal found that a motion judge’s actions on a jurisdiction motion gave rise to a reasonable apprehension of bias.  As a result, the Court of Appeal set aside the order made at the motion and ordered that the jurisdiction motion be heard again before a different judge of the Ontario Superior Court.  The full decision is report at Stuart Budd & Sons Limited v. IFS Vehicle Distributors ULC, 2016 ONCA 60.

In the action, various plaintiffs, including plaintiffs in Ontario, sued four foreign defendants for breach of franchise agreements.  The defendants brought a motion to dismiss the action arguing that the Ontario court lacked jurisdiction.  In the alternative, they asked the court to stay the action on the basis of forum non conveniens.  The motion was heard before Justice David Corbett of the Ontario Superior Court of Justice.  Justice Corbett dismissed the motion.  He found that there was jurisdiction simpliciterin Ontario for all claims, including for those claims that had arisen in other Canadian provinces.  He also held that Ontario was the most convenient forum in which a single proceeding would be held. 

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ILN Today Post

Is Imparting of ‘Education’ by Private Educational Institutions a ‘Public Function’ and its Implications

India has seen an exponential growth in the education sector and it holds an important place in the global education market. With 1.3 plus billion population, a market size of US$ 100 billion plus, more than 36,000 higher education institutions contributing 59.7 per cent of the market size, India has one of the largest higher education systems in the world*. With private sector taking a larger share of student enrolments every year, there is a huge potential for private equity participation in the education sector for sustained growth and delivery of quality education. However, this participation has also created unique challenges and one of such challenges is the amenability of educational institutions to the wider writ jurisdiction of the High Courts under Article 226 of the Constitution of India (“COI”) in its capacity of being an ‘authority’. 

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The Whirlpool Effect: Emotional Ads Boost Sales

Buying is an emotional act. Science bears this out. Functional MRI scans, in fact, show that people often rely on emotions rather than information when evaluating brands. Other studies have found that the emotions triggered by an ad influence a potential customer’s intent to buy far more than the actual content – by a factor of 3-to-1 for television commercials.

A perfect case study for this is Whirlpool’s “Every day, care” campaign. In addition to being a solid example of the power of visual storytelling, the campaign’s television ads focus on the small, everyday acts of kindness that often go unnoticed, but have remarkable impact.

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“Selfie” Copyright Does Not Belong To Monkey Who Took It

420756_10150707953167792_2140268877_nWhen is a photographer not the “author” of a photograph for copyright purposes?  According to a federal judge in San Francisco, when the photographer is a monkey!

Sometime in 2011, a crested macaque monkey living on the island of Sulawesi, Indonesia, used the camera of nature photographer David Slater to take a number of self-portraits, which became famous as the “Monkey Selfies.” Slater claimed to be the author and the copyright owner of the Monkey Selfies and self-published a book through Blurb, Inc. containing copies of the photographs.  Slater’s company, Wildlife Personalities, Ltd., also claimed an authorship interest in the Monkey Selfies, through ownership of the U.K. copyright.

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