Legal Updates

Getting the Deal Through – Mining in 35 Jurisdictions Worldwide (Papua New Guinea)

For the full article, please see the attached PDF.

“Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through – Mining 2011 (published in July 2011; contributing editors Michael Bourassa and John Turner, Fasken Martineau). For further information please visit www.GettingTheDealThrough.com.”

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Corporate Breakout Session – Anti-Corruption Laws – Around the World Part I

Following introductory comments from Alishan Naqvee, comments on the FCPA from Stuart Gerson and the UK Bribery Act from Charles Wander, the group discussed their thoughts on anti-corruption legislation in their own countries. The discussion was quite lengthy, so I’ve broken it up into multiple posts.

Sueli Avellar Fonseca began with comments about Brazil, which she noted is rated highly on the corruption scale. She said that all the public departments and politicians engage in corruption. The government had created a commission to investigate the existence of corruption and their conclusion was that there is no evidence. Despite this, over the last eight years of the current government, they have made approximately 20 commissions and these commissions are all paid duties to vote in favor of the government. 

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EpsteinBeckerGreen’s Labor and Employment Practice Chair, Jay P. Krupin, Testifies on Union Election Rules in First NLRB Hearing

As you may know, the authors of this blog are attorneys at Epstein Becker Green, a national law firm with approximately 300 lawyers practicing in ten offices throughout the U.S.

On July 19, 2011, Epstein Becker Green’s Jay P. Krupin testified before the National Labor Relations Board (NLRB) concerning the Board’s dramatic rulemaking proposals to modify the representation election process. The firm was one of only a handful of management-side firms invited to provide testimony on behalf of clients at this first-ever NLRB hearing.

Vigorously arguing against the proposed changes, Jay asserted, among other things, that the “blatantly pro-labor” proposals to shorten the pre-election period would significantly hinder employees’ ability to make informed decisions. Jay further admonished the Board for improperly usurping Congress’s power to change federal labor law, and reminded the Board that the legislature has specifically refused to act on the Employee Free Choice Act, which would have called for the changes that the Board now seeks to implement by fiat.

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Download Guide To Connecticut Trade Secrets Laws, Published By EpsteinBeckerGreen And The Practical Law Company

The national law firm of EpsteinBeckerGreen, in conjunction with the Practical Law Company, recently wrote and published a statewide guide on the trade secrets laws of Connecticut.

Trade Secret Laws: Connecticut” is written by David S. Poppick of EpsteinBeckerGreen in a “question and answer” format, addressing trade secret and confidentiality laws affecting employers and employees. The focus is on the legal requirements related to protecting trade secrets and confidential information.

“Trade Secret Laws: Connecticut” is the latest in a line of similar guides which EpsteinBeckerGreen and the Practical Law Company have published, regarding non-compete laws of Illinois, Massachusetts, New Jersey and Connecticut, and trade secrets laws of the District of Columbia, Illinois, Massachusetts, and New Jersey. See our prior posts here and here regarding those guides.

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A "Night Of Giving" to Benefit the Young Women’s Leadership Network

Wanted to give a “shout out” to the wonderful work of the National Association of Women Lawyers (NAWL). On July 20, 2011, the EpsteinBeckerGreen Women’s Initiative was privileged to sponsor a “Night of Giving” in conjunction with NAWL’s Annual Meeting. For those professional women who read this blog and who are lawyers, NAWL is an organization that is about us and for us and – another good and professional way to network with successful women! The “Night of Giving” is a way that women attorneys, all of whom are members of NAWL, assist women and girls in various projects and organizations around the country that espouse the cause and champion the efforts of women in various academic and professional disciplines.

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EpsteinBeckerGreen’s Labor and Employment Practice Chair, Jay P. Krupin, Testifies on Union Election Rules in First NLRB Hearing

As you may know, the authors of this blog are attorneys at Epstein Becker Green, a national law firm with approximately 300 lawyers practicing in ten offices throughout the U.S.

On July 19, 2011, Epstein Becker Green’s Jay P. Krupin testified before the National Labor Relations Board (NLRB) concerning the Board’s dramatic rulemaking proposals to modify the representation election process. The firm was one of only a handful of management-side firms invited to provide testimony on behalf of clients at this first-ever NLRB hearing.

Vigorously arguing against the proposed changes, Jay asserted, among other things, that the “blatantly pro-labor” proposals to shorten the pre-election period would significantly hinder employees’ ability to make informed decisions. Jay further admonished the Board for improperly usurping Congress’s power to change federal labor law, and reminded the Board that the legislature has specifically refused to act on the Employee Free Choice Act, which would have called for the changes that the Board now seeks to implement by fiat.

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You May Think That All Non-Compete Agreements Are Unenforceable Under California Law, But You Would Be Wrong

Co-authored by Betsy Johnson* and Viktoria Lovei.

Contrary to popular perception, California law does not bar all restrictive covenants in the employment context. Rather, in certain very narrow circumstances (i.e., non-competes arising in connection with the sale or dissolution of certain businesses), non-competes are permissible under California law.

The General Prohibition of Non-Competes Under California Law

Under California Business and Professions Code § 16600, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” Cal. Bus. & Profs. Code § 16600 (2008). In Edwards v. Arthur Andersen LLP, 44 Cal.4th 937 (2008), the California Supreme Court confirmed the viability and breadth of section 16600 and expressly rejected a line of Ninth Circuit cases which had upheld sufficiently narrow restrictive covenants that only barred a party from pursuing a small or limited part of its business. Id. at 948-49. The California Supreme Court in Edwards held that “noncompetition agreements are invalid, even if narrowly drawn, unless they fall within the applicable statutory exceptions of section 16601, 16602, or 16602.5.” Id. at 955. These three exceptions are discussed below.

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CIRA Announces Implementation Date For New CDRP Policy and Rules

The Canadian Internet Registration Authority (CIRA), has announced that its revised Dispute Resolution Policy (CDRP) and Rules will take effect on August 22, 2011.  A summary of the changes is available on the CIRA website.

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On Like Donkey Kong: S.B. 5 referendum officially set for November

Ohio Secretary of State Jon Husted officially certified that opponents of recently enacted changes to the Public Employees’ Collective Bargaining Law (popularly known as S.B. 5) had collected 915,456 valid signatures, easily surpassing the necessary legal requirements to place the issue on the 2011 November ballot.election_ballot_box_2.bmp

The most recent polling from the Quinnipiac University Polling Institute indicates that 56% of respondents favored repeal, while 32% support keeping the law in place.  But the fight is far from over:  The same polling suggests that Ohioans support mandatory minimums on public employee health care and pension contributions and basing pay on merit rather than seniority by similarly strong majorities.  This polling data suggests that Ohioans may be generally leery of limiting public employees’ right to bargain over terms and conditions of employment, but support imposing certain conditions on all public employees.

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Proposed New BCUC Rules for Electricity Supply Contracts

Today, the British Columbia Utilities Commission (BCUC) released proposed new Rules for Electricity Energy Supply Contracts, which will affect all future electricity supply contracts (or electricity purchase agreements) to a public utility in British Columbia, unless otherwise exempted by law, regulation or order.

These new Rules will update the 1993 Rules on account of changes to the BC Utilities Commission Act and the Clean Energy Act.

The BCUC is seeking public comments on the new Rules, up to August 26, 2011.

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