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HTMLDelaware's New Data Destruction Law Takes Effect January 1, 2015
Ieuan Jolly; Loeb & Loeb LLP;
Legal Alert/Article
July 21, 2014, previously published on July 2014
Delaware House Bill 295 was signed into law on July 1. The law provides that if a commercial entity seeks to dispose of records containing consumers' personal identifying information, the commercial entity must take reasonable steps to destroy or arrange for the destruction of such records by...

 

HTMLPresident Nominates Sharon Block to be a Member of the NLRB
Edwin S. Hopson; Wyatt, Tarrant & Combs, LLP;
Legal Alert/Article
July 21, 2014, previously published on July 15, 2014
On July 14, 2014, the White House announced that President Obama was sending to the Senate the nomination of Democrat Sharon Block, currently working as an attorney at the U.S. Department of Labor, to be a Member of the National Labor Relations Board for the term of five years expiring December 16,...

 

HTMLCourt Dismisses Application for Interlocutory Injunction
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
July 21, 2014, previously published on July 10, 2014
Geophysical Service Inc. (the “Applicant”) brought a motion for an interlocutory injunction requiring CNSOPB (the “Respondent), to remove from its websites materials over which the Applicant claims copyright pertaining to its work product from seismic surveys it conducted. In...

 

HTMLFacts to Factor in During Sentencing: A Judge or Jury Decision?
Boyle Litigation;
Legal Alert/Article
July 21, 2014, previously published on July 3, 2014
After defendant, Allen Ryan Alleyne was charged with using or carrying a firearm in relation to a crime of violence, the jury convicted him. However, the jury did not indicate whether Alleyne’s firearm was brandished, a fact that would have increased the mandatory minimum sentence from...

 

HTMLOntario Court of Appeal puts the “Reasonable” back into “Reasonable Notice”
Matthew Demeo, Daniel Pugen; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 3, 2014
Determining the actual notice period an employee is entitled to upon termination is often a frustrating exercise for employers. This is especially true of the more recent case-law which has tended to place more emphasis on certain factors (age and tenure) at the expense of other factors (nature of...

 

HTMLTOP TIP: FMLA, ADA and Fitness for Duty Examinations
Kohrman Jackson Krantz PLL;
Legal Alert/Article
July 21, 2014, previously published on June 30, 2014
When an employee comes back from Family and Medical Leave Act leave with a fitness-for-duty (FFD) certification from his health care provider, some employers still require the employee to undergo a separate FFD examination by the employer's own health care provider or employee health office before...

 

HTMLDistrict Court Granted in Part Defendants’ Motion to Dismiss for Failure to Satisfy the Amount in Controversy Requirement Where Defendants Met “Legal Certainty” Standard.
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 21, 2014, previously published on July 2014
In Due Forni LLC v. Euro Rest. Solutions. Inc., et al., the United States District Court for the District of Maryland denied Plaintiff’s Motion for Default Judgment and granted in part and denied in part Defendants’ Motion to Dismiss for Lack of Jurisdiction for failure to satisfy the...

 

HTMLPatent Held Invalid for Not Meeting Promise of Improved Therapeutic Profile
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
July 21, 2014, previously published on July 10, 2014
Apotex was successful in the previous NOC Proceeding. It came to market with an esomeprazole product. AstraZeneca sued for patent infringement and Apotex counterclaimed with allegations of invalidity. The Court held that the patent at issue was invalid.

 

HTMLState Water Resources Control Board Adopts Emergency Water Conservation Regulation in Response to Drought
Jeffry F. Ferre, Joshua Nelson; Best Best & Krieger LLP;
Legal Alert/Article
July 21, 2014, previously published on July 17, 2014
The State Water Resources Control Board has adopted an emergency regulation requiring local agencies to restrict potable water use by their customers and prohibiting certain uses of potable water. The regulation is expected to go into effect on August 1 and last for 270 days, unless extended by the...

 

HTMLThe Enforcement Begins: Highlights of the CRTC FAQ Updates on CASL
Roland Hung, Shana Wolch; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 17, 2014
CASL 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...

 


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