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A&L Goodbody LLP | September 2005

The Safety Health and Welfare at Work Act 2005 has come into effect today, 1 September 2005. Important issues raised by the Act include: 1. A competent person must be employed to manage safety in the workplace; 2. Hazards must be identified and risk assessments carried out which are thorough and reviewed on a regular basis, and this must be communicated to employees regularly; 3. Training has to be relevant and understood ...

Lavery Lawyers | September 2005

A new regime for prospectus and registration exemptions for private placements is now in effect in Quebec. It was developed by the Canadian Securities Administrators (“CSA”) and affects both private and public companies. In Quebec, the new regime has been implemented in the form of a regulation (“Regulation 45-106”), which has brought about significant changes to both prospectus and registration exemptions under the Securities Act (Quebec) (the “Act”) ...

Deacons | September 2005

The National People’s Congress of the People’s Republic of China issued a draft Property Rights Law in July 2005 for public consultation. The Law is expected to be enacted in March 2006. The Law will be a pillar of the Chinese legal system. It is said that legal property ownership and rights are a novel concept in China ...

Shepherd and Wedderburn LLP | September 2005

Businesses in the UK are often willing to spend substantial sums of money on acquiring robust protection for their patents, trade marks and other intellectual property. Assets such as these help to set apart one business from its competitors. However, businesses have traditionally been less inclined to spend money on taking court action against competitors that infringe their intellectual property ...

Lawson Lundell LLP | September 2005

BC Labour Board Further Clarifies an Employer’s Right to Communicate with its Employees In a decision issued on July 8, 2005 - RMH Teleservices International Inc.-a Reconsideration Panel of the BC Labour Relations Board further clarified an employer’s expanded right to communicate with its employees during a unionization campaign. This right was expanded as part of the 2002 amendments to the Labour Relations Code, which we outlined in our Summer 2002 Newsletter ...

Shepherd and Wedderburn LLP | September 2005

The last thing any tenant wants to face is a costly bill for repairs to their rented commercial property. That is why many potential occupiers seek to include some exclusion on the repairing clause, protecting them from what is an otherwise onerous obligation. While this is the primary means of limiting liability, other options also exist ...

Hunton Andrews Kurth LLP | September 2005

Privacy notices are the windows to how organizations collect, use, share, and protect the information that pertains to individuals. As information processes have become more complex, privacy notices have become very long, mirroring the complexity. The effect has been to obscure the content that individuals need to know when making judgments about with whom they will do business. This has been an impediment to on-line commerce ...

PLMJ | October 2005

This Newsletter approaches several issues, in a general and simple manner that the format requires, which we consider may be of interest to businessmen and companies, with the purpose to inform them or even to challenge them to new forms of organisation and development of their businesses ...

Haynes and Boone, LLP | October 2005

Imagine you are a seasoned trial lawyer at a large, downtown firm. Following a successful “Beauty Contest” at the New York headquarters of Telco Corporation—a FORTUNE 500 telecommunications company—you are given the opportunity to represent Telco in future commercial disputes. To prepare, you begin to research Telco Corporation so that you are familiar with its management, core business, financials, and other issues potentially affecting future litigation ...

A&L Goodbody LLP | October 2005

In the Matter of Flightlease Ireland Limited (In Voluntary Liquidation) and in the Matter of the Companies Acts 1963 to 2003 and in the Matter of an Application for Directions Pursuant to Section 280 of the Companies Act 1963, unreported High Court, 27 July 2005 Background: Flightlease Ireland Limited (Flightlease), a Swissair holding company, was declared insolvent, and an arrangement was put in place with Societe d’Explotiation OAM Air Liberte (Air Lib) whereby Air Lib’s holding company wou

A&L Goodbody LLP | October 2005

New legislation implementing the EU Market Abuse Directive (Directive 2003/6/EC) came into effect in Ireland and a number of other EU Member States last July. The legislation has brought about important changes for all companies (Irish or foreign) whose shares are traded on the Official List of the Irish Stock Exchange (ISE), as well as their directors, senior management and advisers ...

A&L Goodbody LLP | October 2005

Secretary of State for Trade and Industry v (i) Christopher McKinley Swan (ii) Vuchuru Sadhana Reddy (iii) Brian Christopher Ritchie (iv) Brian Samuel North (v) Ian Stewart, [2005] EWHC603(CH) In this English decision the High Court held that the directors of the parent company should have known that its subsidiary companies had been involved in cheque kiting (a process designed to generate fictitious funds through the transfer of cheques between the bank account of two groups of companies) a

A&L Goodbody LLP | October 2005

The European Court of Justice has issued an important ruling which could have significant consequences for employers who operate occupational sick pay schemes. In the decision of McKenna v ...

A&L Goodbody LLP | October 2005

Disciplinary investigations are becoming a minefield for employers, particularly where dismissal is a real likelihood ...

A&L Goodbody LLP | October 2005

Until recently, employers in Ireland were only obliged to consult with employees in very limited circumstances, such as collective redundancies and transfer of undertakings. Those obligations will remain intact, however the provisions of the Employees (Provision of Information and Consultation) Bill 2005, will provide employees in undertakings of at least 50 employees with the right to information and consultation in the workplace on a greater number of issues ...

A&L Goodbody LLP | October 2005

Commentators have argued that the effect of this legislation is to force employers to recognise trade unions against their will as there appears to have been a move away from the traditional voluntarist approach to negotiations with trade unions towards a compulsory approach ...

A&L Goodbody LLP | October 2005

Many employers have been in the potentially tricky and somewhat uncomfortable situation of having to withdraw an offer of employment before commencement. The ordinary principles of contract law apply here. Where an employer withdraws an offer, especially after formal acceptance, a breach of contract claim could arise, at least in theory ...

Lawson Lundell LLP | October 2005

1.INTRODUCTION The Supreme Court of Canada last considered the issue of mandatory retirement in 1990. Since that time, the demographics of the workforce have changed such that the proportion of retired workers to employed workers is rapidly increasing. This change is due partially to the aging of the baby boom generation and partially due to longer life expectancies of people after retirement ...

Dykema | October 2005

The Sarbanes-Oxley Act of 2002 (“SOA”) raised the bar with regard to, among other things, corporate governance, internal controls and executive responsibility. While SOA’s provisions apply primarily to public companies, private companies should become familiar with SOA for two reasons: First, portions of SOA do, in fact, apply to private companies – such as whistleblower protection and document retention provisions ...

Haynes and Boone, LLP | October 2005

You’ve probably heard about the dangers of second-hand smoke. But what about the employment-related danger of “second-hand” harassment? Consider this scenario: Mr. Jerk, a bank manager in the credit department, repeatedly harasses his administrative assistant, Gina. He invites Gina to have drinks with him, repeatedly touches her shoulders, and brushes up against her. Gina never complains to anyone in bank management about Jerk’s conduct ...

The treatment of women who feel they are being sexually harassed at work has changed significantly as a result of new regulations forcing employers to take more responsibility for the behaviour of their staff. The Employment Equality (Sex Discrimination) Regulations 2005 were implemented in October , overhauling the previous regime ...

Lawson Lundell LLP | November 2005

I.INTRODUCTION Considerable attention has been given to recent decisions of the Courts regarding the duty of the Crown to consult and accommodate the interests of Aboriginal people in the context of asserted but unproven claims ...

Lavery Lawyers | November 2005

Summary • Directors’ risks can be reduced and their worries alleviated through: - fulfilment of their duties of loyalty and diligence - taking certain specific precautions - indemnification commitments and insurance coverage • Statutes provide for indemnification powers and rights; however, such rights should be supplemented • Obtain detailed contractual indemnification commitments • Directors’ and officers’ liability insurance policies are not all the same and need to be review

Lavery Lawyers | November 2005

Summary • Higher standards are imposed on directors • The key mission of a corporate director: to contribute his knowledge and skills with a view to the best interests of the corporation • Corporate governance is the best shield against directors’ liability (Supreme Court judgment in the Wise case) • Specific precautions may be taken by corporate directors to ensure that they both fulfil their key mission and simultaneously protect themselves against the risk of liability Backgro

Lavery Lawyers | November 2005

You intend to take on the North-American market? The Province of Quebec is amongst the best place to do so because of the bilinguism (English and French), important business with the United States of America, tax credits, etc. Here are a few practical issues you should consider.The Corporate FormIn Canada, there are many legal forms under which a company can do business. The majority of business people choose an incorporation ...

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