GOVERNMENT PUBLISHED PROPOSAL TO CHANGE THE INSOLVENCY REGIME Insolvency proceedings are currently governed by the Insolvency and Corporate Recovery Code approved by Decree-Law 53/04 of 18 March (referred to here by its Portuguese initials ‘CIRE’). From its entry into force to date, this legislation has been subject to five legislative amendments ...
On April 4, 2012 the British COlumbia Supreme Court rendered its decision in the case NESKONLITH INDIAN BAND V. SALMON ARM (CITY)1 and the therein confirmed that municipals have no duty to consult and accommodate aboriginal peoples. The Court based its decision on the Supreme Court judgments in Haida2 and Rio Tinto3 as well as decisions of the British Columbia courts and established three main principles ...
On July 26, 2012, the Pennsylvania Commonwealth Court issued its decision in Robinson Township, et al. v. Commonwealth of Pennsylvania, involving the challenge brought by seven townships and boroughs to the Act 13 provision preempting local regulation involving oil and gas operations, codified at 58 Pa. C.S. Section 3304 ...
On July 2, 2012, the North Carolina Senate and House of Representatives voted to override Governor Perdue’s veto of Senate Bill 820, known as the Clean Energy and Economic Security Act (the “Act”), legalizing hydraulic fracturing and horizontal drilling within the State but delaying permitting until the General Assembly takes additional legislative action to allow it ...
In Sir Arthur Conan Doyle’s short story Silver Blaze, Sherlock Holmes noticed that the guard dog for a famous racehorse did not bark on the night that the horse disappeared and its trainer was found murdered on the moor. 1. Holmes correctly deduced from this that the dog must have known the killer. 2 Inspector Gregory of Scotland Yard overlooked the same clue when he earlier accused a stranger of the murder ...
Just before Christmas 2011, the government presented a gift to the Polish energy sector in the form of a longawaited package of proposed new energy legislation, including a new Energy Law, the Gas Law and the Renewable Energy Sources Act ...
The Supreme Court of Poland has held that recognition in Poland of French sauvegarde proceedings, which are covered by the EU’s Insolvency Regulation (1346/2000), is consistent with Polish public policy. The ruling was issued in cases involving a Polish company that sought protection against insolvency in France. The Supreme Court upheld the debtor’s argument that there was no basis for the lower courts in Poland to refuse torecognise the French proceedings ...
The 2011 drought caused record-breaking conditions throughout much of Texas. Farmers, ranchers, and others whose livelihoods depend on reliable sources of water are feeling the effects of the water shortage first-hand. Aside from being subject to locally imposed water-use restrictions, ordinary residents have also noticed receding water levels in Texas lakes, rivers and streams. Unfortunately, Texas’ water problems are not expected to improve any time soon ...
Despite the Commonwealth Court's recent decision striking down Act 13’s limits on municipalities enacting zoning ordinances more restrictive than the state’s uniform requirements, the Pennsylvania Public Utility Commission ("PUC") has begun enforcement of Act 13's impact fee provisions. Specifically, the PUC has started to review some municipalities' ordinances that seek to regulate drilling activity ...
On August 29, 2012 the German Federal Cabinet (Bundeskabinett) has passed a draft “Third Bill regarding new Energy Law Regulations” (Drittes Gesetz zur Neuregelung energierechtlicher Vorschriften). Such draft bill shall accelerate the further development of German offshore wind energy ...
Obtaining necessary regulatory approvals for a wind project does not mean that opponents won’t stand in the way of development. Wind development takes years of work. Locations must be evaluated and sites eventually selected. In addition, experts must prepare reports examining every aspect of the wind farm and its impact on the surrounding area, including sound impact stud- ies, compliance analyses and wildlife assessments ...
While arbitration offers an excellent means for parties to get their disputes settled faster than in traditional courts, how you draft the arbitration clause in a document is critically important for a positive outcome – should a dispute arise. Legal agreements often have a clause indicating that parties agree to settle any disputes arising from the arrangement in arbitration ...
On June 27, 2012, the British Columbia court of appeal issued its highly anticipated decision in the case WILLIAM V. BRITISH COLUMBIA ...
Earlier this year, the Inquiry regarding Procurement Services published its opinion "The future for the Procurement Assistance". The Inquiry’s mission is to propose how procurement assistance should be coordinated in order to increase competence, availability, consistency and visibility for procurement market participants ...
On October 1, 2012, changes in Regulation (2003:770) on government authorities’ electronic information exchange enter into force. The changes involve an obligation for a number of government authorities to implement e-commerce, and from May 31, 2013 handle all of their orders for supplies and services electronically. In this article Kristian Pedersen and Ingrid Sandstedt present the new rules ...
While the European Commission’s extensive modernization of the state aid rules proceeds, Sweden will have to wait for a national legislation regarding the application of the European Union’s state aid rules since the legislative process has been delayed. As case law from the Swedish courts show, Swedish administrative courts have to assess state aid cases by applying the Swedish Act on Local Governance ...
To enable a broader and more effective market for re-use of information collected by public sector bodies the EU decided in 2003 to introduce a common set of minimum rules regulating these questions. The rules contain amongst other things a limitation of how high the fee charged for public sector information may be calculated ...
Effective July 1st, 2012, the new revised Swedish legislation on bribery entered into force. The last time this area was more thoroughly revised was in 1977. The previous regulation was criticized for being both inaccessible and outdated. In 2009, the Swedish Government therefore appointed an Inquiry to review the provisions then in force, aiming to create a more modern legislation better adapted to its purpose ...
We live in a society that is obsessed with appearance, and studies show that many people equate appearance to success. While employers may not be aware of these studies, some are trying to control appearance in the workplace by imposing weight restrictions on job applicants or employees as a condition of employment.Whether these policies are permissible can only be answered with a “maybe ...
Over the course of 2012, on at least three occasions the Federal Circuit has found anticipation in a situation in which previously the invention would have merely been viewed as obvious:(1) where the prior art merely proposes the steps of the method, without knowledge of whether those method steps will achieve any result, much less the result claimed in the therapeutic method; (2) where the prior art discloses a broader range without providing a “pattern of preference” for a later-claimed narrow
Despite being home to the first natural gas well in the United States, the State of New York has prohibited the use of hydraulic fracturing within its borders. Since the election of Governor Andrew Cuomo, the question in the oil and gas industry is whether he will lift the ban. Shortly after his election, Governor Cuomo tasked the Department of Environmental Conservation with drafting rules to allow for hydraulic fracturing ...
On Aug. 31, 2012, the United States Court of Appeals for the Second Circuit issued its decision in In re Charter Communications Inc., (2d Cir. Aug. 31, 2012), expressly adopting an abuse of discretion standard for reviewing equitable mootness determinations ...
The Federal Attorney-General has released a Discussion Paper seeking comment on whether to introduce laws to make notification of data breaches by government agencies and large private sector entities mandatory in Australia. The Government is calling for submissions by 23 November 2012, asking what the triggers should be and what penalties should apply for failure to comply ...
