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HTML2014 In Review: Top 10 Canadian Judicial Decisions Of Import To The Oil And Gas Industry
Daniel B.R. Johnson, Michael A. Marion, Michael G. Massicotte, Alan L. Ross, Karen A. Salmon; Borden Ladner Gervais LLP;
Legal Alert/Article
April 10, 2015, previously published on January 29, 2015
2014 saw the Supreme Court of Canada significantly develop the law in areas critical to the oil and gas industry, including Aboriginal title, the interpretation and performance of commercial contracts, intentional torts, access to justice and summary judgment. Other courts have rendered important...


HTMLOhio Supreme Court Decides in Favor of Beck Energy; Local Drilling Ordinances Not a Valid Exercise of Home Rule
Kohrman Jackson Krantz PLL;
Legal Alert/Article
April 8, 2015, previously published on March 16, 2015
The Ohio Supreme Court decided a critical case in February affecting the state’s oil and gas drilling industry when it issued its decision in State ex rel. Morrison v. Beck Energy Corp (Slip Opinion No. 2015-Ohio-485) on February 17, 2015.


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...


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...


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