In a unanimous opinion authored by Justice Sotomayor, the U.S. Supreme Court declined to redefine preclusion, reversing the Second Circuit’s decision in trademark dispute Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. The Second Circuit’s opinion had attempted to expand res judicata beyond the well-recognized issue preclusion and claim preclusion, creating a new category it called “defense preclusion ...
On March 18, 2010, the Commission des Lesions Professionnelles ("CLP"), in the case of Cote et Traverse Ricere-du-Loup (2010 QCCLP 2074), declared invalid section 56 of an act respecting industrial accidents and occupational diseases (the "AIAOD"). It found that the section was discriminatory because if contravenes with section 10 of the Charter of Human Rights and Freedoms ("Quebec Charter") and section 15 of the Canadian Charter of Rights and Freedoms ("Canadian Charter") ...
THE FACTS In January 2001, Synertech established two individual pension plans for two of its executives, that is the individual pension plan for Mr. François Bérard (the “Bérard Plan”) and the individual pension plan for Mr. Michael Pons (the “Pons Plan”). In November 2008, Synertech amended these two pension plans, effective as of January 1, 2001 ...
Workplace Christmas parties are just around the corner. While such celebrations are a great opportunity to strengthen team spirit and acknowledge everyone?s hard work, it is important to remember that it is not only up to employers to make sure they run smoothly?their entire workforces, managers and employees alike, are also responsible. Just think of potential situations of harassment where alcohol and fun times are combined ...
The Supreme Court ruled last week in Microsoft Corporation v. i4i Limited Partnership that “clear and convincing evidence” is still the standard of proof required to invalidate a patent. Section 282 of the Patent Act states that “a patent shall be presumed valid” and that “[t]he burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity ...
By: Jennifer M. Misetich and Thomas M. O’Connell On September 11, 2023, an unprecedented deal was announced by labor groups and the fast food industry which would give California workers a $20 minimum wage and repeal The Fast Food Accountability and Standards Recovery Act (“FAST Act”) ...
Episode 7 of the Journey Through a Contract series highlights the key considerations when a business is entering into a contract with a consumer. Felicity Forward, Ayesha Chandegra and Joel Murphie provide guidance on how to identify a consumer contract, what additional protections consumers have and how the law is set to enhance consumer rights through the Digital Markets, Competition and Consumers Bill. Listen to the podcast and send us your feedback to [email protected] ...
February marks the start of the second month after Brexit materializing. The Member States have finally understood that the United Kingdom (UK) is no longer in the Europen Union (EU) so that the fairy-tale of the Single Market that has lasted for decades is now over. Although many businesses resolved various legal or regulatory issues before 1st January, new challenges inevitably keep arising now, when Brexit is a reality ...
Following the enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act, the Securities and Exchange Commission (SEC) has adopted an amendment to Rule 701(e) increasing the threshold amount of securities that can be sold during a 12-month period from $5 million to $10 million. Securities sold in excess of the threshold trigger enhanced disclosure obligations for the issuer ...
What Happened Last week, the chairman of Satyam Computer Services Ltd., India's fourth largest information technology company, admitted to a stunning fraud. Fraudulent entries in the company's financial statements totaled in excess of US$ 1 billion, as compared to the actual financial state of the company. In response to the fraud, DSP Merrill Lynch Ltd., a local affiliate of Bank of America Corp ...
SUMMARYTHE SALE OF A BUSINESSGETTING READY TO SELL YOUR BUSINESS : ENVIRONMENTAL ISSUESTHE SALE OF A BUSINESS
A company that obtains information from a number of competitors (for example, to create industry statistics or to provide price comparisons) should be careful not to facilitate the flow of confidential information between those competitors. Two recent cases highlight the potential competition law issues. We will then look at some practical considerations to keep in mind ...
In recent years, there has been a surge in new union organizing efforts and tactics to unionize and organize employers around the country. From Amazon workers in Jacksonville to Starbucks employees in 280 stores and counting, unions are imploring workers to turn to unions to help address issues like low wages, lack of benefits, and poor working conditions. Unionizing has become more heavily publicized, even romanticized, in the media and many employees have bought in to the movement ...
Disclaimer: To provide employers with quick and practical information about how to comply with their obligations between now and the entry into force of the Law (as defined below), this newsflash has been prepared on the basis of Bill of law n°7890 as debated and voted on in Parliament on 13 June 2023 ...
Between April 2022 and March 2023, 15,848 complaints were submitted to the ICO in respect of DSARs. This article follows our previous discussion on how employers can remain compliant with the ICO’s guidance on DSARs and how employers should respond to DSARs ...
Philippine government agencies continue to issue additional and more specific guidelines on dealing with business continuity concerns, in light of more enterprises being able to resume operations under the Modified Enhanced Community Quarantine (MECQ), and more areas now being under the less restrictive General Community Quarantine (GCQ). This briefing covers the following more recent advisories: Department of Labor and Employment (DOLE) Labor Advisory No ...
After two years of navigating COVID-19, the end of 2022 will be an opportunity for employers to organise larger activities for their employees, such as Christmas parties. The purpose of this newsletter is to make employers aware of their obligations during the holiday season festivities. Below, we will address the following three issues: industrial accidents, disciplinary measures and psychological harassment ...
On 31 December 2023 under the Retained EU Law (Revocation and Reform) Bill, all retained EU law will be revoked. Suzanne Burrell, partner, and Kim Muddimer, PSL at Shoosmiths examine the background to the Bill and the possible impact on UK occupational pension schemes. On 22 September 2022, the UK government announced that all retained EU laws will be sunset (meaning revoked) on 31 December 2023 under the Retained EU Law (Revocation and Reform) Bill (Bill) ...
The Regulation of Courier and Logistic Companies in Nigeria. By Florence Bola-Balogun, Kelechi Mba & Oluwapelumi C. Omoniyi. Introduction The Minister of Communications and the Digital Economy, Dr Isa Ali Ibrahim Pantami (the “Minister”) in accordance with Section 62 of the Nigerian Postal Services Act, 2004 (“NIPOST Act”) approved the new guidelines for the regulation of the Courier and Logistics sector (“the Sector”) in Nigeria in July 2020[1] ...
On July 28, 2010, the Tribunal administratif du Québec (“TAQ”) confirmed a decision of the Régie des rentes du Québec (the “Régie”) which had refused to register adverse amendments(1) made to a pension plan despite the consent given to the amendments by the sole member of the plan.(2)The purpose of the amendments was, on the one hand, to replace the 2% pension benefit formula with a 1 ...
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment. This occurred in its recent decision inNUMSA obo Nganezi & Others v Dunlop Mixing and Technical Services (Pty) Ltd & Others. Factual background During August 2012, Dunlop’s employees embarked on a protected strike ...
Dear valued clients, colleagues and friends, On 30 March 2022, the Employment (Amendment) Bill 2021 (“Amended Bill”) was passed in Dewan Negara (Senate). In this update, Vijayan Venugopal and Nur Najehah will outline the key changes and upcoming issues which employers should be aware considering this recent development. At the outset, before diving into the issues, it is important to first understand the present status of the Amended Bill ...
Another week brings another round of COVID-19-related lawsuits. We are identifying some early trends and provide a synopsis of the more relevant lawsuits below. Will nursing homes be overwhelmed by wrongful death lawsuits? The daughter of a woman suspected to have died from COVID-19 has filed a wrongful death suit against the company who owns the Life Care Center of Kirkland where her mother was a resident ...
Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal another trend, or a recent adverse decision from the Pennsylvania Supreme Court may throw cold water on business owners and citizens’ efforts to be compensated for government-directed impacts ...
