The Ontario Court of Appeal recently ordered that an action be stayed (Handley Estate v. DTE Industries Limited, 2018 ONCA 324) on the basis that certain parties had failed to comply with their obligation to immediately disclose a “Mary Carter” agreement. The Court held that by originally denying the motion for a stay, the motion judge had erred in principle by failing to apply the remedy for non-disclosure of these types of agreements as specified in a previous Court of Appeal decision called Aecon Buildings v. Stephenson Engineering Limited (“Aecon”).
In managing workforces, particularly when addressing employee turnover, employers often find themselves facing issues regarding how best to safeguard their confidential business information and how to protect their relationships with clients and employees. In recent years, the legal landscape underlying these issues has been evolving, as lawmakers and judges grapple with the tension in these matters between protection and free competition.
William McCullough has rejoined Shutts & Bowen LLP as a partner in its Corporate Practice Group in the firm’s Miami office. Mr. McCullough, who previously practiced with Shutts & Bowen for about 20 years, returns after four years as a partner in the Miami office of Holland & Knight LLP.
McCullough’s return coincides with that of partner Kimberly Prior, who rejoined Shutts & Bowen last week after two years as a partner with the Miami office of Baker McKenzie.
The International Lawyers Network (ILN) is a leading association of 91 high-quality, full-service independent law firms.
Since 1988, the ILN has helped its members keep pace with today’s global economy, through access to the tremendous strength and depth of the combined expertise of 5,000 lawyers in 66 countries on six continents.
ILN member firms are among the most respected and most experienced counsel in their jurisdictions. Clients’ increasing need for reliable foreign counsel is well-met by the personalized, high-quality and cost-effective legal services provided by ILN member firms. Unique to the ILN are the strong personal and professional relationships among its members and their clients developed over the past 30 years. Far from a mere directory, the ILN is an affiliation of lawyers who gather on a regional and worldwide basis annually and work routinely with each other to address client requirements and needs.
Each of the ILN’s member firms is international in outlook and staffed by highly trained senior attorneys, who are experts in a broad range of practice areas. ILN members have demonstrated experience in working successfully with international companies. They are independent, mid-sized firms within their jurisdictions, and are committed to the focus of the International Lawyers Network, admitted to the Network only after a rigorous application process. The ILN provides clients with high-quality service from experienced local counsel who work in firms that maintain excellent reputations in their own countries. This means that clients have immediate access to attorneys who are native, both linguistically and culturally, to the country of interest.
In the recent case of Independence Plaza One Associates, LLC v. Figliolini 2017 ONCA44, the Ontario Court of Appeal confirmed that:
a two-year limitation period applies to a proceeding on a foreign judgment; and
the limitation period begins to run, at the earliest, when the time to appeal the foreign judgment has expired or, if an appeal is taken, the date of the appeal decision.
In June 2012, General Mills announced it was terminating about 850 employees. General Mills offered them severance packages in exchange for signing release agreements. By the agreements’ terms, employees released General Mills from all claims relating to their terminations—including, specifically, ADEA claims. The agreements also stated that claims covered by the agreements would be individually arbitrated:
[I]n the event there is any dispute or claim arising out of or relating to the above release of claims, including, without limitation, any dispute about the validity or enforceability of the release or the assertion of any claim covered by the release, all such disputes or claims will be resolved exclusively through a final and binding arbitration on an individual basis and not in any form of class, collective, or representative proceeding.
EU Regulation no. 2015/2424, entered into force on March 23, 2016, introduced a number of changes to the European trademark regime.
Among them, the amended regulation provides for the abolition of the graphic representation requirement. This implies that, as of October 1, 2017, signs may be represented in any suitable form, using the available technology, provided that the representation is clear, precise, autonomous, easily accessible, intelligible, durable and objective.
Shutts & Bowen LLP announces that J. Thomas Cookson has joined the firm’s Miami office as a Partner in its Corporate Practice Group.
Mr. Cookson concentrates his practice in structuring and negotiating complex business transactions, mergers and acquisitions, leveraged buyouts, recapitalizations, debt and equity financings, and securities offerings.
Argentina and Mexico have entered into a Double Taxation Treaty (DTT). Entry into force is yet pending. We estimate that the provisions of the agreement shall have effect as from fiscal year beginning on January 1st, 2018.
Some relevant provisions applicable to intercompany transactions are as follows:
1) Interests: Withholding tax may not exceed 12% (reduced from 35% Argentine withholding tax rate).