Directors and high-ranking officers of privately and publicly held companies around the globe operate in an extremely difficult and complex business, legal and regulatory environment. A clear understanding of the fundamentals of corporate duties and obligations is important to help directors focus on the right issues and take the right action.
Monthly Archives: September 2016
In a recent blog post published in The Times of Israel, Miami partner Marc Sarnoffdiscusses why European Jews should consider Miami, which has the 6th largest Jewish population in the world, a place of opportunity for their next chapter. Read the full article, “Miami welcomes exodus of French Jews,” here.
Having completed his bar exam, Ádám Fischer joined the firm as a tax associate at the end of July.
Ádám has already spent nine months in the tax group of our firm as a trainee lawyer, before joining a US-based, reputable international law firm, where he gained further experience in tax matters.
The Federal Trade Commission (FTC) last month announced the agenda for its workshop “Putting Disclosures to the Test,” (Workshop) planned to take place on September 15 in Washington, DC. The Workshop will focus on testing and evaluation of disclosures in both digital and traditional media.
Last summer, we noted that disclosures, especially for endorsements and testimonials, were coming onto the FTC’s radar and would likely see heightened enforcement. Since then, the FTC has increased its scrutiny of advertising and privacy practices where it believes marketers are not adequately disclosing key details to consumers.
Rarely do we see punitive damages being awarded in cases involving the movement of employees and information between firms. The Superior Court of Pennsylvania last week affirmed a punitive damage award granted by a Judge of the Court of Common Pleas in such a matter, albeit which also found tort liability against the new employer and the five former employees.
The decision in B.G. Balmer & Co., Inc. v. Frank Crystal & Co. Inc., et al. sets forth a classic example of “bad leavers” and a complicit new employer. Confidential information concerning clients was copied and given to the new employer. The senior employees, on Company time and using Company facilities, conspired with the new employer to hire the junior employees and solicit existing clients, including the largest and best clients of the Company. Complete indemnification was provided by the new employer to the employees. Personnel files were purloined and not returned upon request.
In the ongoing dispute between Michael Hallatt, a Vancouver businessman, and U.S. based retailer Trader Joe’s, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) has overruled the 2013 decision of the U.S. District Court for the Western District of Washington (the “District Court”) not to hear Trader Joe’s claim against Hallatt for, among other things, trade-mark infringement, dilution, unfair competition and false advertising.
The dispute arose out of Hallatt’s purchase of products from Trader Joe’s stores in the U.S., particularly in the state of Washington, for resale in Canada (there are no Trader Joe’s stores in Canada). Hallatt has and continues to mark up and re-sell Trader Joe’s products at his store in Vancouver, named Pirate Joe’s.
Can a consumer be bound by an arbitration agreement contained in online terms and conditions by merely signing in to an Internet-connected service? In a recent opinion that should strike a note of caution among businesses, a federal judge in New York held such an arbitration agreement unenforceable. This decision should serve as a reminder to businesses operating online to ensure that consumers are given clear, conspicuous notice of online terms and conditions, an opportunity – and encouragement – to review those terms, and, where possible, a manner of actively assenting to the terms.
Exclusion clause for “care, custody and control” does not apply to the principal activities of the insured
By Chantal Noël, from our Insurance Law Practice Group.
September 13, 2016 — This was upheld by the Quebec Superior Court in 3457265 Canada inc. c. 9124-8948 Québec inc., 2016 QCCS 2462.
In this case, the activities of the insured were the repair and maintenance of aircraft in its workshops located at the airports of Saint-Mathieu-de-Belœil and Mirabel. The liability insurance policy issued by the insurer provided the following relevant provisions:
Featured on Employment Law This Week: The Equal Employment Opportunity Commission (EEOC) has issued new guidance on workplace retaliation.
The EEOC’s final guidance on retaliation includes concrete examples of retaliation issues that the courts have largely agreed upon, as well as expanded definitions of “adverse action” and “causal connection.” The guidance also describes “promising practices” for reducing the possibility of retaliation, including anti-retaliation training and proactive follow-up with potential targets. Retaliation has become the most frequent form of employment claim across business sectors. The percentage of EEOC charges in this area has almost doubled since the last guidance was issued. Our colleague David Marden is interviewed.
“What they really need is leadership willing to make decisions.”
That’s what one reader feels is going to be required of the law firm of the future. And that’s true, isn’t it? Although it’s inherent in some of the responses we’ve seen from the authors included in HighQ’s book on Smart Law – in order to make changes and be ready for the future, you have to have curiosity and open-mindedness, a level of comfort with innovation. But really, you have to have guts.