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Show: results per page Sort by:  | Aboriginal Law Update: Behn v. Moulton Contracting Ltd., 2013 SCC 26
Stephanie Axmann, Thomas Isaac; McCarthy Tétrault LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 On May 9, 2013, the Supreme Court of Canada (SCC) released its reasons in Behn v. Moulton Contracting Ltd., unanimously dismissing the appeal of the appellants, individuals who were members of the Fort Nelson First Nation (FNFN). Moulton Contracting Ltd. (Moulton), a logging company, commenced a...
| | New York Appeals Court Upholds Zoning Laws Banning Hydrofracking over State Oil and Gas Laws
Alexander L. Betke, Emily E. Whalen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 In Norse Energy Corporation USA v. Town of Dryden, et al. and Cooperstown Holstein Corporation v. Town of Middlefield, the Third Department upheld local ordinances banning all activities related to the exploration for and the production or storage of natural gas and petroleum in the towns of Dryden...
| | The Third Circuit Rules President Obama's 2010 NLRB Recess Appointment Was Invalid
Philip B. Phillips; Foley & Lardner LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 Dealing yet another blow to the National Labor Relations Board (“NLRB” or “Board”), on May 16, 2013, the Third Circuit Court of Appeals ruled that President Obama’s 2010 recess appointment of Craig Becker to the NLRB was invalid. The case is NLRB v. New Vista Nursing...
| | Supreme Court Offers Some Financiers Protection, Creates New Risks for Others, In Its Decision on Sun Indalex, LLC v. United Steelworkers
Varoujan Arman, John Polyzogopoulos; Blaney McMurtry LLP;
Legal Alert/Article June 5, 2013, previously published on June 3, 2013 The Supreme Court of Canada, in a decision that has implications for borrowers and lenders alike, particularly where pension funds are involved, has raised some new hurdles for the country’s banks and their business customers and, at the same time, has bolstered protection for lenders of last...
| | Managing Telecommunications Equipment Requests Just Got More Complex
Ronald D. Richards; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article June 5, 2013, previously published on May 2013 The Michigan Townships Association’s January/February 2013 edition of the Michigan Township News contained two excellent articles on cellular towers. The cover article noted that President Obama signed into law the "Middle Class Tax Relief and Job Creation Act of 2012." The...
| | California Court of Appeal Holds that Agent of FINRA Member Firm Can Compel Arbitration Even Where the Contracting Member Firm Could Not Due to a Lapse in its FINRA Membership
Todd E. Gordinier, Edward S. Kim, Craig A. Taggart; Bingham McCutchen LLP;
Legal Alert/Article June 5, 2013, previously published on May 30, 2013 On May 23, 2013, in Ronay Family Ltd. P’ship v. Tweed, D062195, 2013 WL 2300117 (Cal. Ct. App. May 23, 2013), the Fourth District of the California Court of Appeal held that agents or third party beneficiaries of a Financial Industry Regulatory Authority (“FINRA”) member’s...
| | No TCPA Express Consent When Instructions to the Contrary are Provided
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article June 5, 2013, previously published on May 29, 2013 The Federal Communications Commission has long held that a person who knowingly releases his telephone number to a person or entity has in effect given his permission to be called at that number unless he provides “instructions to the contrary.” In a recent case involving Papa...
| | Schwab v. Commissioner, 111 AFTR-2d 2013-667 (April 24, 2013)
Proskauer Rose LLP;
Legal Alert/Article June 5, 2013, previously published on June 2013 The Court of Appeals for the 9th Circuit held that the "amount actually distributed" when taxpayers received ownership of life insurance policies was "the fair market value of what was actually distributed," and that surrender charges associated with a variable universal life...
| | OSFI Updates: Incorporation Guides and Transaction Instructions
Jeffrey S. Graham, Jill E. McCutcheon, Stephen J. Redican; Borden Ladner Gervais LLP;
Legal Alert/Article June 5, 2013, previously published on May 31, 2013 The Office of the Superintendent of Financial Institutions (Canada) (“OSFI”) has updated a number of helpful guides and transaction instructions to assist federally regulated financial institutions (“FRFIs”) and other applicants to comply with Canadian federal financial...
| | Less than a Sure Thing: Reliance on the Advice of the Ministry of Environment
Isabelle Tremblay; Borden Ladner Gervais LLP;
Legal Alert/Article June 5, 2013, previously published on May 29, 2013 The Court du Québec recently examined a case where a defendant attempted to rely on two defences commonly used in environmental cases, the due diligence defence and the “officially induced error” defence, in a context where the defendant had sought, and obtained, directions from...
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