Monthly Archives: October 2020

ILN Today Post

A Commentary on the PRC Export Control Law

I. Legislative Background

When the Ministry of Commerce of the Peoples Republic of China (the MOFCOM) solicited comments on the Export Control Law (Draft) in 2017, it pointed out that under the background where major countries and regions in the world have already formulated export control laws, China urgently needs a fundamental law in the field of export control to coordinate administrative regulations and rules in that field then effective…… Read more…

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Don’t Be Spooked: D.C. COVID-19 Leave Law Is in Effect and Will Be Enforced

As COVID-19 cases once again surge across the country, Washington, D.C. employers must remember to provide both paid and unpaid leave under the new District of Columbia Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130) (the “Act”).  Although passed in July 2020, the Act formally became effective on October 9, 2020 and will remain in effect through the end of the declared COVID-19 public health emergency—currently December 31, 2021.  The law repeals the emergency laws that we previously blogged about, but carries over the additional obligations to provide employees with paid and unpaid leave for COVID-19-related reasons.  We have summarized both provisions below.

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ILN Today Post

Federal contractors: Challenging CPARS ratings

If your company is involved in federal government contracting, you are all too familiar with the Contractor Performance Assessment Reporting System (CPARS). With the government’s increased focus on past performance, the quality of your CPARS ratings can be the difference between being awarded a contract and walking away empty-handed. It is now imperative that government contractors pay particular attention to their CPARS ratings and take action immediately when they are unfairly evaluated. Read more…

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ILN Today Post

Noah A. Menold named to Peoria Magazine’s 2020 Class of 40 Leaders Under Forty

ROYAL OAK, Mich./PEORIA, Ill., October 29, 2020 – Royal Oak, Mich.-based Howard & Howard is pleased to announce that attorney Noah A. Menold has been named to the 2020 class of “40 Leaders Under Forty” by Peoria Magazine. Through nominations submitted by the community, these rising stars have an established record of extraordinary achievement and leadership experience in their volunteer and professional lives. This year’s class will be honored in a virtual ceremony and reception tonight at 6pm.

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ILN Today Post

DOING BUSINESS MORE EFFECTIVELY: ONTARIO PROPOSES CHANGES TO THE BUSINESS CORPORATIONS ACT

What are the proposed changes?

The Government of Ontario recently introduced Bill 213, Better for People, Smarter for Business Act, 2020 to reduce regulatory burdens and remove barriers to economic growth, opportunity and innovation. The Bill, currently in its Second Reading, proposes the following changes to the Ontario Business Corporations Act (OBCA):

  • removing the rule requiring that at least 25% of the directors on a board be Canadian residents; and
  • for private corporations, lowering the voting threshold for written resolutions passed in lieu of a shareholders’ meeting from a unanimous vote to a majority one (though only for matters that can be decided by ordinary resolution).
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ILN Today Post

THE RULE OF 14 WHEN TENANTS FALL BEHIND WITH RENT

For many businesses and sectors, 30th September 2020 was supposed to be the end date of the plethora of legislative changes brought into force by the Coronavirus (Scotland) Act 2020. However, as a result of secondary legislation, the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020, means the expiry date of 30th September has been extended to 31st March 2021.

For commercial landlords, this means the continuation of a 14 week minimum notice period before being able to evict tenants for non-payment of rent or other sums due. Previously, the minimum notice period was 14 days. So what does this mean for businesses operating as landlords?  Read the full blog.

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ILN Today Post

JOB SUPPORT SCHEME IN DETAIL

The government recently announced a new Job Support Scheme to take effect on 1st November 2020. Originally announced at the end of September, it was extended to support businesses required to close and, as of last week, has been updated to reduce the costs to employers.

The new scheme will have two strands. The first is a general scheme, known as the Job Support Scheme Open (JSS Open) which will provide support to pay the wages of employees who are working reduced hours.

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ILN Today Post

Potential imminent cyber threat to hospitals and healthcare providers

The FBI and DHS-CISA have issued a warning about an imminent threat to hospitals and healthcare providers.  They have credible information to suggest that there will be a widespread Ryuk ransomware attack this weekend, and the FBI, DHS and the NSA’s Cybersecurity Threat Operations Center are currently investigating the threat.  Based on recent news and court filings, it is clear that the Trickbot malware infrastructure was recently targeted for disruption by Microsoft and the US Cyber Command.

There is a fear that the targeted healthcare entities likely already have the encryption malware on their systems, the threat actors just have not commanded it to activate.   Read more…

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ILN Today Post

Potential imminent cyber threat to hospitals and healthcare providers

The FBI and DHS-CISA have issued a warning about an imminent threat to hospitals and healthcare providers.  They have credible information to suggest that there will be a widespread Ryuk ransomware attack this weekend, and the FBI, DHS and the NSA’s Cybersecurity Threat Operations Center are currently investigating the threat.  Based on recent news and court filings, it is clear that the Trickbot malware infrastructure was recently targeted for disruption by Microsoft and the US Cyber Command.

There is a fear that the targeted healthcare entities likely already have the encryption malware on their systems, the threat actors just have not commanded it to activate.   Click to read the full article, which includes a list of measures recommended by the government for hospitals and healthcare providers.

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SCC LEAVE DENIED: PUBLIC AUTHORITIES — NOT IMMUNE TO TRADEMARK INFRINGEMENT CLAIMS

The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision, thereby bringing finality to whether public authorities are immune to trademark infringement claims arising from use of their official marks. This Federal Court case law confirms that registered trademark owners will continue to enjoy the rights conferred upon them under the Trademarks Act (the “Act“), regardless of whether a public authority is involved and suggests that the strength of an official mark is greatly dependant on when public notice is given.

Quality Program Services Inc. (“QPS“) brought a Federal Court action against the Government of Ontario, specifically the Minister of Energy (the “MOE“), seeking damages and other relief for trademark infringement, passing off and depreciation of goodwill under the Act. QPS is the registered owner of the “EMPOWER ME” trademark, registered in 2014 in association with energy awareness, conservation, and efficiency services.2 In 2015, QPS became aware that the MOE had launched a website with the name/mark “emPOWERme” to educate Ontario residents about the province’s electricity system.3

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