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HTMLExcalibur judgment changes playing field in litigation funding market
Christopher Coffin; Withers Bergman LLP;
Legal Alert/Article
November 26, 2014, previously published on October 23, 2014
The 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...

 

HTMLImportant 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;
Legal Alert/Article
November 25, 2014, previously published on November 17, 2014
In 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...

 

HTMLA Rose Smells Sweeter When It's Tax Free
Raquel A. Rodriguez; McDonald Hopkins LLC;
Legal Alert/Article
November 25, 2014, previously published on November 14, 2014
A 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.

 

Adobe PDFTo 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;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
In 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)...

 

Adobe PDFA 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;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
In 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...

 

Adobe PDFThe Bona Fide Prospective Purchaser Defense to CERCLA Liability
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
November 24, 2014, previously published on November 12, 2014
The 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...

 

HTMLCaution to all Employers - An Employee Option Exercise is a Sale of Securities with a Duty to Disclose
Victor J. DiGioia; Becker & Poliakoff, P.A.;
Legal Alert/Article
November 22, 2014, previously published on October 16, 2014
A 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.

 

HTMLNLRB Forced to Pay Attorney’s Fees in 10(j) Case
McMahon Berger A Professional Corporation;
Legal Alert/Article
November 22, 2014, previously published on November 10, 2014
In 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.

 

HTMLGuindon: SCC Hearing Scheduled for December 5, 2014
Timothy Fitzsimmons, Angelo Gentile; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on October 24, 2014
The 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.

 

HTMLMcKesson: Taxpayer Seeks to Raise Additional Issue on Appeal
Timothy Fitzsimmons; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on November 5, 2014
The 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.

 


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