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HTMLDenbury Green Continues with Fact Questions Surrounding Condemnation
Jason F. Leif, William R. Taylor, J. Laurens Wilkes; Jones Day;
Legal Alert/Article
March 27, 2015, previously published on March 2015
The Denbury Green case continues with a recent reversal by the Beaumont Court of Appeals. See Tex. Rice Land Partners, Ltd., v. Denbury Green Pipeline-Texas, LLC, No. 09-14-00176-CV, 2015 Tex. App. LEXIS 1377 (Tex. App.—Beaumont February 12, 2015, no pet. h.). On February 12, 2015, the Court...

 

HTMLAwaiting the Arrival of Proposed Revisions to OSHA PSM and EPA’s RMP Rules: Atmospheric Storage Tanks
Steven Boutwell, R. Lee Vail; Kean Miller LLP;
Legal Alert/Article
March 17, 2015, previously published on March 10, 2015
The Occupational Safety and Health Administration (“OSHA”) published a Request for Information (“RFI”) on December 9, 2013 concerning possible changes to the Process Safety Management (“PSM”) program codified at 29 C.F.R. 1910.119. See 78 Fed. Reg. 73756 (Dec. 9,...

 

HTMLCarnegie Mellon University v. Marvell: $1.5 Billion at Stake at the Federal Circuit
Michael T. Renaud, Peter F. Snell; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 10, 2015, previously published on January 13, 2015
Currently on appeal to the United States Court of Appeals for the Federal Circuit is Carnegie Mellon University’s (“CMU”) $1.535 billion judgment for patent infringement against Marvell Technology Group Ltd. and Marvell Semiconductor, Inc. (collectively “Marvell”),...

 

HTMLLand Use Regulation And The Railroads: Who's In Charge?
Diane W. Whitney; GrayRobinson P.A.;
Legal Alert/Article
February 13, 2015, previously published on January 12, 2015
You can practice land use law in Connecticut for a long time and never run into a question about the preemption of local regulations by federal railroad law, but when you do run into such an issue, it can be confusing for all involved.

 

HTMLRectification is About Intention - Not Interpretation
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 29, 2015, previously published on January 20, 2015
The Ontario Superior Court of Justice recently granted rectification in a case in which the CRA and the taxpayer differed in their interpretation and effect of a particular document. In Kaleidescape Canada Inc et al v Computershare Trust Company of Canada et al, 2014 ONSC 4983, the Court was asked...

 

HTMLRescission: Another Remedy to Address Unintended Tax Consequences
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on January 6, 2015
While the equitable remedy of rectification is often sought as a means to address unintended tax consequences, rescission is also an available remedy in the appropriate cases. The British Columbia Supreme Court’s decision in Re 0741508 BC Ltd and 0768723 BC Ltd, 2014 BCSC 1791, is an example...

 

HTMLCourt Considers Unreasonably Withholding Consent under CAPL Operating Procedure in Precedent-Setting Decision
Laura M. Gill, Grant N. Stapon; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 15, 2014
In IFP Technologies (Canada) v Encana Midstream and Marketing, 2014 ABQB 470, the Court clarified for the first time the circumstances in which a party that waives its right of first refusal under Article 24 of the 1990 CAPL Operating Procedure may withhold its consent to a disposition of the...

 

HTMLDirectors Need to Meet High Standard to Avoid Liability
Alison J. Gray; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 16, 2014
The Tax Court of Canada again confirmed that directors of corporations will have a high burden to meet to establish a due diligence defence and avoid liability for unremitted source deductions.

 

HTMLSupreme Court to Clarify the Liability of Canadian Corporations for Acts of their Foreign Affiliates
Alison J. Gray, Justin R. Lambert, David J. Wahl; Bennett Jones LLP;
Legal Alert/Article
January 23, 2015, previously published on December 11, 2014
The Supreme Court of Canada today heard argument in a case that will clarify whether a judgment obtained in a foreign country against a foreign corporate entity can be enforced in Canada against a Canadian affiliate of that foreign entity, even when the Canadian affiliate was not party to the...

 

HTMLSupreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on July 11, 2014
On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in Nation v British Columbia, 2014 SCC 44: provinces are able to...

 


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