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HTMLTransfer Pricing Court Cases
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 31, 2014
A series of tax disputes involving Russian automotive market distributors (namely, Mazda Motors Rus, Suzuki Motors Rus, and Hyundai Motor CIS) and the application of art. 40 RF TC is currently before the commercial courts. The distributors posted losses for 2009-2010 which, in the opinion of the...

 

HTMLSupreme Court of Canada Shuts Down British Columbia’s Cottage Industry of Arbitral Appeals
Michael Feder, Tammy Shoranick, Herman Van Ommen; McCarthy Tétrault LLP;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
The Supreme Court of Canada’s recent decision in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 will drastically limit appeals of arbitral awards in British Columbia, and has far-reaching implications for the law of contractual interpretation throughout Canada.

 

HTMLThe Arbitration Obligations Imposed by the Fair Pay and Safe Workplaces Executive Order
Hera S. Arsen, J.D., Ph.D., Ron Chapman, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
As we discussed yesterday in our blog post, “President Obama Issues Two Executive Orders in 10-Day Period,” this week President Obama issued the Fair Pay and Safe Workplaces Executive Order. Under this order, federal contractors will be required to disclose labor law violations and...

 

HTMLThe Impact of Social Media on Privacy: Why You Need a Social Media Policy
Clarence L. Bennett, Alison Strachan; Stewart McKelvey;
Legal Alert/Article
August 6, 2014, previously published on Summer 2014
One of the first social media confidentiality cases arose out of a health care employment relationship. In CAW-Canada, Local 127 (J.C.) v Chatham-Kent (Municipality), [2007] OLAA No 135 (QL), the grievor was a personal caregiver with eight years’ service and some history of discipline. She...

 

HTMLAmerican Arbitration Association Releases New Rules for Fixed Time and Cost Construction Arbitrations
Gina M. Vitiello; Chamberlain, Hrdlicka, White, Williams & Aughtry;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
Clients are always looking for ways to manage costs of legal disputes. With tighter cashflows since the recession, many businesses are understandably asking for budgets and working with their attorneys to find strategies that reduce legal fees and litigation costs.

 

HTMLThird Circuit Rules Class Arbitration a Question for the Courts
Evan H. Lechtman, Jeffrey N. Rosenthal; Blank Rome LLP;
Legal Alert/Article
August 6, 2014, previously published on August 2014
In a precedential ruling, the U.S. Court of Appeals for the Third Circuit in Opalinski v. Robert Half Int’l recently held that a federal judge—not an arbitrator—should decide whether an agreement between individuals to arbitrate employment disputes should extend to class-wide...

 

Adobe PDFSecond Circuit Adopts Bright-Line Rule For Determining Customer Status For Mandatory FINRA Arbitration: Court Rules that for Purposes of Demanding FINRA Arbitration, “Customers” of FINRA Members Are Those Who Either Purchase a Good or Service from a FINRA Member or Have an Account with a FINRA Member
Sullivan Cromwell LLP;
Legal Alert/Article
August 5, 2014, previously published on August 4, 2014
On Friday, August 1, 2014, the Second Circuit issued its decision in Citigroup Global Markets, Inc. v. Abbar, No. 13 2172 (2d Cir. Aug. 1, 2014), a case addressing the Financial Industry Regulatory Authority rule that FINRA members must consent to mandatory arbitration of disputes with any...

 

HTMLEU Sanctions: Update
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on July 28, 2014
On 16 July 2014 at a special meeting of the European Council the EU decided to extend its sanctions so as to target entities, i.e. natural persons or legal entities ‘... that are materially or financially supporting actions undermining or threatening Ukraine’s sovereignty, territorial...

 

HTMLDispute over Jurisdiction between CADE and BACEN Reaches an End
Eduardo Molan Gaban; Mayer Brown LLP;
Legal Alert/Article
July 31, 2014, previously published on July 11, 2014
On July 9th, 2014, Judge Dias Toffoli of the Brazilian Supreme Court of Justice, decided in the BCN v. Administrative Council for Economic Defense (CADE) case (Appeal No. 664.189), that the Brazilian Central Bank (BC) has exclusive jurisdiction to analyze and rule on antitrust matters concerning...

 

HTMLChamperty Doesn’t Pay! - HKSAR v. Ip Hon Ming & Others
Marina O. K. Fung; Mayer Brown JSM;
Legal Alert/Article
July 31, 2014, previously published on July 28, 2014
The District Court of Hong Kong recently convicted a solicitor and a recovery agent for champerty, sending a clear message to recovery agents and solicitors that litigation funding in return for a fee is illegal.

 


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