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|Avoid Common Traps of Commercial Subleases|
Charles E. Miller; Bernstein Shur;
July 30, 2014, previously published on July 29, 2014If you are a subtenant, many practical questions exist such as who will change the light bulbs, who will plow the driveway, and who is in charge if the HVAC doesn’t work or if there are other problems in the subleased premises?
|Beware of Using Your Restaurant Name in Multiple Locations Without Federal or State Service Mark Protection or a Written Agreement with All Subsequent Users of the Name|
Nicole J. Harrell, Robert E. Smartschan, Stephen E. Story; Kaufman & Canoles A Professional Corporation;
July 30, 2014, previously published on Summer 2014Beware of using your restaurant name in multiple locations without federal or state service mark protection or a written agreement with all subsequent users of the restaurant name. It is not uncommon for a successful restaurateur to expand using the same name as the initial flagship restaurant....
|Due Diligence Review Essential For Larger Transactions|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
July 29, 2014, previously published on July 29, 2014In the case of larger transactions, including in particular the acquisition of companies, shares in companies or investment property such as real estate, a careful risk assessment is indispensable. This kind of due diligence review provides all the relevant information for the planned purchase.
|Ontario Government Entitled To Exercise Crown Rights under Treaty 3|
Dentons Canada LLP;
July 29, 2014, previously published on July 17, 2014On July 11, 2014 the Supreme Court of Canada (the “SCC”) released its decision in Grassy Narrows First Nation v Ontario (Natural Resources). The unanimous decision affirms the Ontario Court of Appeal judgement which held that the Province of Ontario does not require Government of Canada...
|A Synopsis of the Cyprus Holding Company|
Aquilina Demetriadi; Anastasios Antoniou LLC;
July 28, 2014, previously published on Summer 2014Cyprus provides an established, stable and solid legislative framework under which Cyprus companies can be formed for intermediary or ultimate holding purposes within corporate groups, in project finance, cross-border transactions or even investment management contexts.
|Selected Issues in Church Governance|
Trevor A. Brown; Starn O'Toole Marcus & Fisher A Law Corporation;
July 28, 2014, previously published by Legal Handbook: A Resource Guide for Pastors, 2014 Edition on July 2014Since a primary evidence that Christians are Christ-followers is their love for one another (By this shall all men know that ye are my disciples, if you love one another. John 13:35), one hopes there is little need for a lawyer to talk about the legal rules governing business organizations and how...
|CPFB Turns Three: Three Years, Big Impact|
Kristen R. Brown, Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
July 28, 2014, previously published on July 24, 2014The Consumer Financial Protection Bureau (“CFPB”) has concluded its third year. Created under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Bureau has taken significant steps to define its role in the consumer financial services...
|The Enforcement Begins: Highlights of the CRTC FAQ Updates on CASL|
Roland Hung, Shana Wolch; McCarthy Tétrault LLP;
July 28, 2014, previously published on July 18, 2014CASL came into effect on July 1, 2014, including the provisions for sending commercial electronic messages (CEM) (section 6) and installing computer programs (section 8). Since July 1, 2014, it is reported that the CRTC has received more than 1,000 complaints. Hence, awareness of this new law is...
|Expect a New Chairman and Five Member CPSC Next Week|
Heyl Royster Voelker Allen Professional Corporation;
July 28, 2014, previously published on July 25, 2014Yesterday, Senate Majority Leader Harry Reid (D-NV) announced on the Senate Floor (video clip below) that the Senate will consider and vote on the nominations of Elliot Kaye and Joe Mohorovic on Monday, July 28th. President Obama nominated Kaye to serve as the next Chairman and as a Commissioner of...
|Texas District Court Addresses Prior Express Consent|
Zachary D. Miller; Burr & Forman LLP;
July 26, 2014, previously published on July 8, 2014In Cherkaoui v. Santander Consumer USA, Inc., No. 4:13-cv-00467 (S.D. Tex. May 23, 2014), the U.S. District Court for the Southern District of Texas examined how a creditor may obtain “prior express consent” from a borrower and the level of evidence necessary for a borrower to survive...