Monthly Archives: October 2020

ILN Today Post

Top five reasons for a trust

For some, leaving everything by will may be exactly what is needed. For others, there are very important reasons to have a trust.
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COVID-19: Home Renovations in the Red Zone

By Sydney Warshaw and Sara Laraichi, from our Business Law Practice Group

October 6, 2020 — Since October 1, Greater Montreal, Québec City and several parts of Quebec are plunged into the “red zone”. This represents the highest alert level for COVID-19 and came with several accompanying restrictions. Unlike in March, when the provincial lockdown was imposed uniformly across most sectors of society, this lockdown features a series of unique rules depending on economic sector and housing arrangements.

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ILN Today Post

Business borrowers beware: Potential civil and criminal exposure for PPP loans

The Justice Department has criminally charged 57 people throughout the United States with Paycheck Protection Program (PPP) fraud. There are key actions companies should be taking to avoid potential liability.
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ILN Today Post

Ecuador – IMF reached agreement on $6.5 bln facility and funds are being disbursed

Ecuador and The International Monetary Fund reached an agreement for a new $6.5 billion facility to help the South American country address the economic shock caused in part by the  drop in oil prices  and the COVID-19 pandemic.

The agreement approved by the IMF’s executive board, helped for the already executed settlement of a $17.4 billion debt exchange between Ecuador and its creditors.

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ILN Today Post

THE RESULTS ARE IN: HEALTH CANADA’S CONSULTATION ON THE POTENTIAL MARKET FOR CANNABIS HEALTH PRODUCTS

On September 25, 2020, Health Canada published the results from its consultation “Potential Market for Cannabis Health Products (CHPs) that would not Require Practitioner Oversight“, which took place from June 19 to September 3, 2019. The consultation sought feedback from the Canadian public and industry on a new category of cannabis products, referred to as cannabis health products (“CHPs“).

Currently, health products containing cannabis may only be sold to individuals with a prescription from a healthcare practitioner, such as a doctor or veterinarian. Eliminating the need for healthcare practitioner oversight is expected to lead to easier access, improved product selection, and wider acceptance of health products containing cannabis.

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Ninth Circuit Allows Arbitrator to Rule on Postmates’ Challenge to Mass Arbitration Tactics

In response to the increased use and enforcement of class and collective action waivers, plaintiffs’ attorneys are now relying on a new strategy to gain leverage over businesses.  More specifically, they have started to commence mass arbitrations by simultaneously filing hundreds—and in some cases, thousands—of individual arbitration demands in an effort to trigger a business’ obligation to pay its share of filing fees for the arbitrations.

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ILN Today Post

Connolly Gallagher Welcomes New Partner Shaun Michael Kelly

Wilmington, DE (October 5, 2020) – Connolly Gallagher is pleased to announce that Shaun Michael Kelly has re-joined the firm as a partner in Connolly Gallagher’s Delaware Business, Commercial, and Corporate Litigation group.  He joins us from the Delaware Department of Justice where he most recently served as the Director of Consumer Protection and previously worked as a Deputy Attorney General in the Fraud and Consumer Protection Division’s Consumer Protection Unit (“CPU”).  Shaun began his career as an associate at a prestigious Delaware law firm, and he worked previously as an attorney in Connolly Gallagher’s Delaware Business, Commercial, and Corporate Litigation group.  Both at Connolly Gallagher and elsewhere, Shaun has advised large and mid-size business clients in a variety corporate and commercial litigation matters.  Shaun has litigated a variety of disputes in Delaware’s Court of Chancery, including disputes related to books and records, business divorce, reformation, breach of fiduciary duty, and corporate control.  Shaun has also litigated a number of disputes in the Delaware Superior Court’s Complex Commercial Litigation Division (“CCLD”), including complex contractual disputes.

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ILN Today Post

PROPERTY AND BUSINESS INTERRUPTION INSURANCE IN LIGHT OF COVID-19

As countless business interruption claims have been asserted with limited success, companies should consider directing their focus to improving and enhancing their insurance policies to ensure coverage would apply to future pandemic scenarios.

COVID-19 Related Insurance Claims

In Studio 417 Inc. et al v. Cincinnati Insurance Co., the U.S. District Court in the Western District of Missouri denied a motion to dismiss the claim by the defendant against a group of hair salons and restaurants suing their insurer for business interruption losses caused by the pandemic, which they say resulted in a “direct physical loss” to their premises. Read more…

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Connolly Gallagher Welcomes New Partner Shaun Michael Kelly

Connolly Gallagher Welcomes New Partner Shaun Michael Kelly

Connolly Gallagher is pleased to announce that Shaun Michael Kelly has re-joined the firm as a partner in the Delaware Business, Commercial, and Corporate Litigation group. He joins us from the Delaware Department of Justice where he most recently served as the Director of Consumer Protection and previously worked as a Deputy Attorney General in the Fraud and Consumer Protection Division’s Consumer Protection Unit (“CPU”). Shaun began his career as an associate at a prestigious Delaware law firm, and he worked previously as an attorney in Connolly Gallagher’s Delaware Business, Commercial, and Corporate Litigation group. Both at Connolly Gallagher and elsewhere, Shaun has advised large and mid-size business clients in a variety corporate and commercial litigation matters. Shaun has litigated a variety of disputes in Delaware’s Court of Chancery, including disputes related to books and records, business divorce, reformation, breach of fiduciary duty, and corporate control. Shaun has also litigated a number of disputes in the Delaware Superior Court’s Complex Commercial Litigation Division (“CCLD”), including complex contractual disputes.

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ILN Today Post

Where Does Your Food Come From? FDA Proposes Changes Affecting Traceability Records for Certain Foods

On September 21st, the U. S. Food and Drug Administration (FDA) announced a proposed rule change to the Food Safety Modernization Act (FSMA).[1] If adopted, this rule would bring a significant change to FSMA and new compliance requirements to food industry stakeholders.

The proposed rule, “Requirements for Additional Traceability Records for Certain Foods” or the Food Traceability Proposed Rule,[2] would put into practice the requirements established in FSMA Section 204(d) “Additional Recordkeeping Requirements for High Risk Foods.” Generally, the proposed rule would establish new traceability recordkeeping requirements for the manufacture, processing, packing, or holding of foods that the FDA designates are at high risk for potentially creating a public health risk due to foodborne illness outbreaks. These foods are listed on the “Food Traceability List” (FTL) that was released simultaneously with the proposed rule. The list includes 16 types of fruits and vegetables, fish and shellfish, nut butters, eggs, and cheeses. Read more…

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