Monthly Archives: July 2020

Court of Appeal considers what is required for a Debtor to succeed in dismissal of Bankruptcy Summons

In brief:

  • Debtor appeals bankruptcy adjudication to the Court of Appeal
  • Claims amount due in Bankruptcy Summons is incorrect
  • Appeal dismissed on all grounds
  • Written judgment discusses what a debtor has to prove in order to succeed in dismissal of a Bankruptcy Summons
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Video: OSHA Urges Employees to Wear Face Masks – Employment Law This Week

As featured in #WorkforceWednesday: The latest FAQs from OSHA recommend wearing face masks, among other suggestions, for employees returning to work. Attorney Robert J. O’Hara discusses the significance of OSHA’s decision to issue recommendations, rather than guidance, and how rules on face masks in the office may differ at the state and local levels.

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Businesses Beware: Depreciation in Goodwill Claims not Bound by Industry Lines

The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had breached Sections 20, 7(b) and 22 of Canada’s Trademarks Act (the “Act“) with respect to claims of trademark infringement, passing off and depreciation of goodwill. This is an interesting case in its review and application of Section 22 of the Act. It provides further protection for trademark owners in Canada.

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The L3Harris Lesson: Why Meeting ITAR Agreements Compliance Requirements Must Be Part of Every Defense Industry Company’s Compliance Program

Agreements executed under the International Traffic in Arms Regulations (“ITAR”) serve as a licensing tool for the transfer of defense articles, technical data, manufacturing know-how, and defense services between a U.S. party and a foreign party. Fulfilling the requirements of those agreements is a critical part of ITAR compliance, as demonstrated by the recent L3Harris Technologies, Inc. (“L3Harris” or “the Company”) consent agreement with the U.S. Department of State (“State”), Directorate of Defense Trade Controls (“DDTC”). Read more…

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Department of Defense Creates Cybersecurity Certification Program

In order to better manage the Defense Industrial Base’s compliance with cybersecurity obligations under the Defense Federal Acquisition Regulation Supplement (“DFARS”), the Department of Defense (“DoD”) is instituting a new program that requires defense contractors and subcontractors to obtain a certification of compliance with cybersecurity requirements to be eligible for bidding on and receiving government contracts. Read More…

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Amazon Settles Sanctions Violations with OFAC

Earlier this month, e-commerce, retail, and data giant Amazon.com, Inc. (“Amazon”) agreed to a settlement with the Office of Foreign Assets Control (“OFAC”) for apparent violations of U.S. sanctions programs.

According to OFAC, Amazon violated multiple U.S. sanctions: the company provided goods and services to individuals sanctioned by OFAC, to people located in sanctioned regions, and to people located in or employed by the embassies of countries sanctioned by OFAC. In addition, the company also failed to inform OFAC in a timely fashion of several hundred transactions that were made under a general license that included a mandatory reporting requirement. Read more…

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Schrems II: The EU-US Privacy Shield Is a Thing of the Past

The summer of 2020 is proving to be a busy time for privacy legislation and an exciting time for privacy enthusiasts.

On the heels of the official California Consumer Privacy Act (CCPA) enforcement date on July 1st and the second anniversary of the European Union’s General Data Protection Regulation (GDPR), as a result of the Schrems II case, the EU-US Privacy Shield Framework (Privacy Shield) has just been ruled invalid by the Court of Justice of the European Union (the Court). The Court’s ruling stated that Privacy Shield fails in its essential purpose of protecting and upholding privacy and data protection rules as required by the GDPR.

Read more…

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U.S. Department of Labor Issues Opinion Letters on the Outside Sales, Administrative, and 7(i) Exemptions, as Well as the Status of Third-Party Payments as Wages

While the COVID-19 pandemic remains a challenge to employers nationwide, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) continues to field non-COVID-related wage and hour questions.  On June 25, 2020, the WHD issued five new opinion letters addressing the outside sales, administrative, and retail or service establishment exemptions under the Fair Labor Standards Act (“FLSA”), as well as the relationship between third-party payments to workers and the FLSA’s minimum wage requirement.  Employers should take note of these useful explanations of key FLSA concepts.

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European Commission Marks GDPR’s Second Anniversary with a Review and Possible Updates

With all of the attention that’s been paid to the start of enforcement of the California Consumer Privacy Act (CCPA), it might be easy to have missed that it has been two years since the European General Data Protection Regulation (GDPR) came into effect on May 25, 2018.

Luckily, the European Commission (Commission) was there to remind us.

Read more…

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Neighbourhood Annoyances: Immunity of the State

By Jeanine Guindi, from our Insurance Law Practice Group

July 16, 2020 — The saying “The King can do no wrong” is no longer unquestionable. If, at some point in time, decisions by the State could not be challenged, the evolution of law made it possible to have the courts review some of them under particular circumstances. Recently, in Maltais c. Procureure générale du Québec, 2020 QCCA 715, the Court of Appeal held that the State could be a bad neighbour, but its immunity made it impossible for those who suffered the inconveniences to be compensated.

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