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|B.C. Even Closer to Enacting Franchise Legislation|
Jordanna Cytrynbaum, Miriam Isman, Adam Ship; McCarthy Tétrault LLP;
April 23, 2014, previously published on April 3, 2014British Columbia has no special franchise legislation - franchise relationships are governed by the terms of franchise agreements and the common law of contracts. However, a new report reveals that interested parties are largely in favour of changing this regime through the introduction of...
|Doing Business in Quebec: Does the Charter of the French Language Prevent the Use of Trade-Marks in Languages other than French in Signs, Posters and Advertising?|
Marie-Hélène Beaudoin, Julie-Martine Loranger, Anne-Marie Naud, Chantal C. Tremblay; McCarthy Tétrault LLP;
April 23, 2014, previously published on April 14, 2014Doing business in Quebec requires that enterprises pay particular attention to the requirements set out in the Charter of the French Language, R.S.Q., c. C-11 (commonly known as “Bill 101”, hereinafter referred to as the “Charter”), a statute adopted in 1977 with the purpose...
|Target Becomes a Target: Proposed California Bill Aims to Make Retailers Liable for Data Breach Incidents|
Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 22, 2014, previously published on April 17, 2014Following a string of high-profile data breaches and new data suggesting that approximately 21.3 million customer accounts have been exposed by data breach incidents over the past two years, the California legislature has introduced legislation aimed at making retailers responsible for certain...
|CPSC Announces Forman Mills Civil Penalty and Compliance Program|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
April 14, 2014, previously published on April 09, 2014For the first time in nearly a year, a unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that a company will pay a hefty civil penalty and enact a strict compliance program to resolve allegations regarding its reporting practices. This announcement comes almost one...
|Supreme Court: Severance Payments Are Wages Subject To FICA Taxes|
Fisher Phillips LLP;
March 28, 2014, previously published on March 25, 2014On March 25, 2014 the U.S. Supreme Court unanimously held that a certain type of severance payment known as supplemental unemployment compensation constituted “wages” subject to Federal Insurance Contributions Act (FICA) payroll taxes. The Court’s decision resolves a split of...
|Site Plan Modifications - Traps for the Unwary|
John H. Sokul; Hinckley, Allen & Snyder LLP;
March 10, 2014, previously published on February 27, 2014Change is inevitable. Projects evolve. Seemingly simple changes to approved projects can sometimes cause unexpected complications. One project we recently worked on illustrates this. A client had obtained site plan approval for a restaurant. Before beginning construction, the client desired to...
|Domestic Anti-Treaty-Shopping Proposals and Further Consultation Announced in Canada's Federal Budget 2014|
Jared A. Mackey, Darcy D. Moch; Bennett Jones LLP;
February 21, 2014, previously published on February 18, 2014In the Canadian Federal Budget released on February 11, 2014, the Department of Finance signaled its intention to enact a domestic treaty-shopping rule, generally allowing the Canada Revenue Agency (CRA) to deny treaty benefits when the "main purpose" of a particular transaction is to...
|Ninth Circuit Concludes That Common Issues Do Not Predominate Where Retailer’s In-Store Signs and Oral Sales Statements Place Each Putative Class Member’s Exposure to Misleading Statements in Doubt|
Sascha Henry, John M. Landry; Sheppard, Mullin, Richter & Hampton LLP;
February 18, 2014, previously published on February 13, 2014In Berger v. Home Depot USA, Inc., Case No. 11-55592, 2014 U.S. App. LEXIS 2059 (9th Cir. Feb. 3, 2014), the Ninth Circuit Court of Appeals affirmed the denial of class certification based largely on evidence that the defendant’s point-of-sale signs and oral statements supplied allegedly...
|U.S. Congress Ready to Enact Data Security and Breach Notification Rules After Recent Consumer Data Breaches|
Steven G. Gersten, Richard J. Johnson, Mauricio F. Paez, Mina R. Saifi; Jones Day;
February 18, 2014, previously published on February 2014In December 2013, a U.S. national retail store announced that credit and debit card data for more than 40 million consumers may have been compromised. On January 10, it further disclosed that cyber criminals had accessed a wide range of personal information belonging to 70 million people through...
|Colorado: Proposed Law Would Cast a Wide Web of Out-Of-State Retailer Sales Tax Nexus|
McDonald Hopkins LLC;
February 17, 2014, previously published on February 13, 2014A new bill (H.B. 1269) titled the Marketplace Fairness and Small Business Protection Act was introduced last week in the Colorado House of Representatives that may go one step further than your average “Amazon tax” or affiliate nexus law, including “transitory physical...