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|Excalibur judgment changes playing field in litigation funding market|
Christopher Coffin; Withers Bergman LLP;
November 26, 2014, previously published on October 23, 2014The claim against the non-party funders is the tail end of an epic $1.6bn claim by Excalibur Ventures LLC against the US oil company, Texas Keystone Inc. Excalibur contended that it had been unlawfully cut out of a deal with Texas which would have given it a 30% interest in four petroleum blocks in...
|Important New Supreme Court Case Recognizes a New Principle of Good Faith in Contractual Performance and a New Duty of “Honest Performance” Of Contractual Obligations|
Heather Pessione; Borden Ladner Gervais LLP;
November 25, 2014, previously published on November 17, 2014In a precedent-setting decision released on November 13, 2014, the Supreme Court of Canada recognized a new common law duty: the “honest performance” of contractual obligations. Pursuant to this new duty, “parties must not lie or otherwise knowingly mislead each other about...
|A Rose Smells Sweeter When It's Tax Free|
Raquel A. Rodriguez; McDonald Hopkins LLC;
November 25, 2014, previously published on November 14, 2014A Florida appellate court has struck down Florida’s attempt to tax interstate sales of flowers by Florida-based online vendors whose only activity within Florida is the presence of an online store.
|To Seek Cost Recovery or Contribution under CERCLA? The Seventh Circuit Seeks to Further Clarify the Distinction in NCR Corp. v. George A. Whiting Paper Co.|
Hubert T. Lee; Morris Polich & Purdy LLP;
November 24, 2014, previously published on November 12, 2014In CERCLA cases, courts are often confronted with scenarios where it is unclear precisely which cause of action a party can or must pursue to recover incurred cleanup costs against Potential Responsible Parties (“PRPs”). Whether a party must proceed under two critical sections (107(a)...
|A California Court Finds That Payments for an Attorney’s Time Fees Are Not “Attorney Fees” but “Costs and Expenses”?|
Summer L. Nastich; Morris Polich & Purdy LLP;
November 24, 2014, previously published on November 12, 2014In Otay Ranch v. County of San Diego, (2014) 230 Cal.App.4th 60, the court of appeals affirmed a trial court’s award of $44,621.28 in costs and expenses to a County related to preparation of the administrative record in a CEQA appeal. The petitioner in the CEQA action, who now had to pay the...
|The Bona Fide Prospective Purchaser Defense to CERCLA Liability|
Ryan C. McKim; Morris Polich & Purdy LLP;
November 24, 2014, previously published on November 12, 2014The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) is a strict liability statute. Nonetheless, CERCLA provides for a limited number of defenses to liability. One of these defenses is called the “bona fide prospective purchaser” exception to...
|Caution to all Employers - An Employee Option Exercise is a Sale of Securities with a Duty to Disclose|
Victor J. DiGioia; Becker & Poliakoff, P.A.;
November 22, 2014, previously published on October 16, 2014A recent Eleventh Circuit case, Finnerty v. Stiefel Laboratories, Inc., 756 F.3d 1310 (11th Cir. 2014), may have changed the disclosure landscape for privately-held companies—and not necessarily for the better.
|NLRB Forced to Pay Attorney’s Fees in 10(j) Case|
McMahon Berger A Professional Corporation;
November 22, 2014, previously published on November 10, 2014In a rare win for employers, a federal district court in Arizona ordered the NLRB to reimburse Farm Fresh, a produce dealer in Arizona, approximately $55,000 in attorney’s fees.
|Guindon: SCC Hearing Scheduled for December 5, 2014|
Timothy Fitzsimmons, Angelo Gentile; Dentons Canada LLP;
November 21, 2014, previously published on October 24, 2014The highly-anticipated appeal to the Supreme Court of Canada in Guindon v The Queen has been scheduled for hearing on December 5, 2014, and the parties have now filed their factums in the appeal.
|McKesson: Taxpayer Seeks to Raise Additional Issue on Appeal|
Timothy Fitzsimmons; Dentons Canada LLP;
November 21, 2014, previously published on November 5, 2014The transfer pricing case of McKesson v. The Queen has raised procedural issues that are without precedent in Canadian tax cases. This week, those procedural issues became a central part of the matters that will be considered by the Federal Court of Appeal.