Monthly Archives: March 2022

Non-Competes: No More Blue Penciling in Wyoming

The Wyoming Supreme Court recently made an important change to the way restrictive covenant agreements are evaluated by courts in that state.  For many years, courts in Wyoming – as in many other states – have followed the so-called “blue pencil” rule when presented with a non-competition or non-solicitation agreement whose restrictions appear to be unreasonable.

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Maxime Saint-Onge Joins RSS’s Civil and Commercial Litigation Group

March 14, 2022 — RSS is pleased to announce that Maxime Saint-Onge, a litigator, is now a member of the firm. Maxime’s practice has been focused on litigation cases since his call to the Bar, in 2017.

Martin Côté, a partner in our Civil Litigation Group, comments on this recruit. “Maxime has a very rich experience, that includes many areas of law, before numerous courts. His knowledge of the legal stakes inherent in the use of social media is an asset. I am sure that he will be a most valuable player on our team from the very first day.”

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Claim for Latent Defects: Reminders of the Buyer’s Obligation of Prudence, Misleading Representations and Disclosure of Defects

By Caroline Cassagnabère, from our Insurance Law Practice Group

March 14, 2022 — On January 12, 2022, in Crooks c. Nguyen, 2022 QCCS 55, the Superior Court awarded a $115,000 reduction of the purchase price and granted $14,600 in moral damages to the buyers of a house affected by several defects. This case reminds us of several important points on the seller’s warranty of quality.

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ILN Today Post

New restrictions trigger immediate need to focus on export compliance

With the Biden administration’s recent Executive Orders and a final rule issued from the Bureau of Industry and Security, businesses are unexpectedly assessing whether and how they do business in Russia, or with Russian businesses. Many exports, imports and other commercial activities that were lawful before the myriad of new federal orders and the invasion of Ukraine are now prohibited or will soon be prohibited. Additionally, the Office of Foreign Assets Control (OFAC) added many new names to the list of individuals and entities banned from conducting business with U.S. businesses or from using the U.S. debt and equity markets.

Click here for guidance on what action your business should immediately take to ensure compliance and avoid unexpected interruptions of supply or customer purchasing.

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Parties to exploratory agreements beware: Contractual restrictions on IPR patent challenges are enforceable!

On February 8, 2022, the U.S. Court of Appeals for the Federal Circuit determined that certain restrictions on the ability to challenge the validity of patents are enforceable. Without such restrictions, companies that are being targeted by patent owners do not have any restrictions on the various methods of how they can challenge the patents that may later be asserted against them. Keeping all options open on the ability to challenge later asserted patents can be strategically very important within approaches to technology sharing and other discussions. Such patent validity challenges can include the ability to file an Inter Partes Review (IPR) proceeding before Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) and/or filing a Declaratory Judgment (DJ) jurisdiction action in an appropriate federal district court, among other options. Prior to the court’s decision, there was speculation about the enforceability of certain contractual restrictions precluding patent validity challenges all together and/or limiting such challenges to only certain forums. The court has now put that speculation to rest, and parties to technology agreements should be careful not to too easily bargain away their full set of strategic legal options to later defend against patents owned by the opposing contracting party.

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ILN Today Post

Key 2022 Updates for Health and Welfare Plans

The beginning of the year is always a good time for plan sponsors to take stock of their benefits plans and make plan design decisions and updates for plan compliance. This year, however, presents new challenges. Employers should take note of new deadlines and requirements that apply to their employee benefit plans during 2022. The below provides an overview of compliance issues that will likely impact health and welfare plans in 2022 and that plan sponsors and administrators should review with counsel. Read more…

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ILN Today Post

TIPPING LEGISLATION

Over the past two years, the UK Government has introduced various measures to protect workers’ rights. These include the introduction of parental bereavement leave, raising the national minimum wage and, of course, the “furlough” scheme brought on as a result of the pandemic. Much of these measures have naturally had a strong impact on those working in the licensed trade, and the hospitality sector as a whole.

In February 2022, the UK Government announced that it would be continuing its plans to reform the laws on tipping. In short, the new proposals will make it unlawful for employers to withhold or seize tips earned by their workers. While tips paid in cash are already protected, this legislation intends to cover the grey area surrounding tips paid by card. Read more…

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ILN Today Post

SETTLEMENT AGREEMENTS – THE BASICS

Settlement Agreements are used in order to end an employment relationship on agreed terms. It is a legally binding document and can also be used to resolve ongoing workplace disputes. As a result of signing the agreement, the employee will be unable to make claims in the employment tribunal about any type of claim which is mentioned in the agreement. It can be a useful tool to use, on the back of instigating a “without prejudice” or “protected” conversation. It is not uncommon for Settlement Agreements to be proposed before the end of a financial year, it is therefore important for both employees and employers to understand the law on them and their application. Read more…

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ILN Today Post

COMMERCIAL EVICTION: NON-PAYMENT OF RENT

The Coronavirus pandemic has had a wide ranging impact in ways that could not have been predicted when the first cases of the virus emerged at the end of 2019. One such change has been the law in relation to commercial evictions for non-payment of rent.

Prior to the pandemic, if a commercial landlord wished to evict a tenant due to a monetary breach, a pre-irritancy notice had to be served which started a 14-day period in which the tenant had two weeks to remedy the breach (i.e. pay the arrears) or face eviction proceedings. As part of the Scottish Government’s initial statutory response to the then developing crisis, The Coronavirus (Scotland) Act 2020 (Schedule 7), amended this timescale and increased it to a period of 14-weeks’ notice. Read more…

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ILN Today Post

A Deeper Look: Understanding the New Russian Sanctions

Wondering how the new Russian sanctions will impact your company? Shipping Solutions and Olga Torres, Managing Member of Torres Law and Torres Trade Advisory, discuss the basics of these new Russian sanctions and what impact they may have on your company operations.
Watch the 20-minute conversation here
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