Despite the highly publicized announcement that enforcement of the “Pay-or-Play” mandate (which requires businesses to provide health insurance to all full-time employees or face yearly penalties of up to $3,000 per employee) has been delayed until 2015, important considerations remain for businesses and consumers about how they will ultimately be affected by the Affordable Care Act ...
The Judicial Chamber on Economic Disputes of the Supreme Court of the Russian Federation has considered TrustForex LLC case (No. A40-167835/2021) concerning the essential issue of recovery of penalty for providing false representations while selling assets. We believe this case to be very important both for the court practice and for the business ...
In March 2013, the Florida Supreme Court issued a seminal decision for businesses and commercial litigators, Tiara Condominium Association Inc. v. Marsh & McLennan Companies, 110 So. 3d 399 (Fla. 2013), in which it expressly limited the applicability of the economic loss rule to products liability cases. For decades, Florida courts had applied the economic loss rule to prohibit a party in contractual privity from seeking to recover economic damages arising from the contract ...
The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and small. Here is what you need to know: Increased Thresholds for Regular and Fast Track Proceedings (Rules R-1 and F-1) AAA provides different procedures for “regular track” and “fast track” proceedings ...
On 19 June 2022 Kyiv hosted Recovery Forum Ukraine 2022 organized by the Confederation of Builders of Ukraine, KyivBuild Ukraine, Aquatherm Kyiv and ReBuild Ukraine. The event gathered the representatives of the state and local authorities, construction business-community, international financial institutions, and potential investors to discuss issues related to the rebuild of the damaged infrastructure in Ukraine as well as the ways of financing ...
The American Bar Association (ABA) has issued its second formal opinion concerning Model Rule 4.2 in as many months. The so-called “no-contact rule” prohibits a lawyer from having contact with a represented party about the subject of the representation. The Rule does not, however, account for the “reply all” function in email communications ...
On November 21, 2007, the Supreme Court of British Columbia released the decision of Mr. Justice Vickers in Tsilhqot’in Nation v. British Columbia(1). The decision dealt with a claim brought by Chief Roger William of the Xeni Gwet’in First Nation, on behalf of the Xeni Gwet’in First Nation and the Tsilhqot’in Nation ...
Introduction In the recent Industrial Court Award of Harry Wong Wei Chen v Petroliam Nasional Berhad [Award No.11 of 2021] dated 4 January 2021, the Industrial Court upheld the dismissal of an employee (“the Claimant”) on account of several allegations of sexual and workplace harassment. An interesting point in the instant case was the absence of corroborative witnesses in respect of several of the complaints against the Claimant ...
A number of states have issued executive orders or other emergency declarations to provide relief from certain debt collection practices in the wake of the COVID-19 crisis. Such measures include ceasing new wage attachments and vehicle repossessions, etc. None have been as comprehensive as the regulation issued by Massachusetts Attorney General, Maura Healey, on March 26, 2020 ...
On Dec. 18, 2019, the Fifth Circuit in Texas, et al. v. United States, et al. declared the Affordable Care Act’s1 (ACA’s) individual mandate unconstitutional. This decision is contrary to the controlling precedent established by the United States Supreme Court in NFIB v. Sebelius2, which upheld the ACA’s individual mandate as a permissible tax ...
With the first annual Affordable Care Act open enrollment in the books (although the end of open enrollment is still something of a moving target – more on that later), everyone is examining, discussing, applauding and challenging the numbers. And there are a lot of numbers to consider: How many people signed up for health insurance coverage during open enrollment? How many of them went into Medicaid? How many of them are young, healthy people vs ...
The Australian Competition and Consumer Commission (ACCC) has recently issued proceedings against a franchisor and its director for allegedly engaging in misleading and deceptive conduct, in breach of section 52 of the Trade Practices Act (TPA). Various breaches of the Franchising Code of Conduct (Code) have also been alleged ...
A debtor files for bankruptcy protection, and his or her creditors are sent notice of the filing. Despite having received the notice, due to a breakdown in internal procedures one of the creditors, a bank, accidentally takes action to collect on the debt after the filing of the bankruptcy case – thus violating the automatic stay. Since the violation was unintentional, surely the bank cannot be sanctioned, right? Wrong ...
In order to accomplish this important task, the following are steps to follow: A. Make a list of other sides’ interest. It will help your remember them and stimulate ideas for how to meet such needs B. Communicate your interests when they are in conflict. Help the other side to see just how important and legitimate your interests are. Be specific and objective. Convince them they would feel the same in your shoes and recognize how you might feel in their shoes ...
In Scots law, it is possible to acquire certain rights to land – access, for instance – simply by the passage of time. This process is known as “prescription” and is outlined in the Prescription and Limitation (Scotland) Act 1973. There are two forms of prescription: positive and negative. Negative prescription extinguishes certain rights after a period of time ...
It would be a surprise to many, but it has been common knowledge to criminal practitioners for years, that a criminal defendant’s sentence for a crime which they have been convicted can be increased based on consideration of conduct that the jury acquitted ...
As individuals, businesses, and governments continue to take actions to mitigate or contain the worldwide impact of the novel coronavirus (COVID-19), it is likely that performance of contracts agreed to long before the emergence of the pandemic will become difficult, if not entirely impossible ...
For some years, contractors and subcontractors have been using an effective tactic in adjudication. That is to pick off discrete elements of a large time or money claim and to obtain a series of favourable declarations in adjudications on those elements. The declarations can then be used as a bargaining tool to leverage a settlement of the full claim. Or they can be converted into payment orders by way of a further adjudication ...
This case concerns an adjudicator’s decision issued on 7 December 2020. The adjudicator found in favour of Faithdean plc, ordering Bedford House Ltd, the employer, to repay deductions of around £1.5 million. No payment was made to Faithdean and enforcement proceedings were issued in January 2021. Bedford did not put forward a defence. Instead, it argued it could not pay as it wished to know the exact amount in order to make a single payment to Faithdean ...
On Thursday, May 27, 2021, article 2503 of the Civil Code of Québec was amended as part of the adoption of Bill 82, titled An Act respecting mainly the implementation of certain provisions of the budget speech of 10 March 2020, which we had discussedin a publication last December ...
When the scope of the COVID-19 pandemic became apparent in March 2020, an avalanche of articles appeared in which many insurers took the position that there was no coverage for losses associated with the SARS-CoV-2 virus due either to a lack of physical loss or damage to property necessary to trigger coverage under most commercial property policies, or to the effect of virus exclusions found in many such policies ...
Rrecently more than US$ 44 billion was invested in advertising campaigns in Brazil, a period during which CONAR, the Brazilian Advertising Self Regulation Council, rendered approximately 380 decisions, restricting, in some way, 221 advertising campaigns (2010). In 2011, this increased to almost US$ 52 billion, but the number of decisions issued by CONAR dropped to 325, limiting 215 commercials, mostly those broadcasted on television ...
On June 21, the President signed a law ratifying the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (hereinafter referred to as the Convention). The day before, the law was passed by the Verkhovna Rada, 259 people's deputies voted for ratification, and only eight opposed it ...
The recent CIS v IBM decision touches on two topical issues in IT disputes: maintenance and replacement of legacy systems, and use of agile implementation methodologies. It is also a useful reminder of some important basics regarding the management of troubled IT projects. The case and the issues The claimant (Co-op) was the insurance business of the Co-op group ...
The U.S. Supreme Court heard oral arguments on December 4, 2018, inHelsinn Healthcare SA v. Teva Pharmaceuticals USA Inc.as to whether the “on-sale” bar under the America Invents Act (“AIA”) renders an inventor’s private sale to a third party as prior art for purposes of determining patentability. 35 U.S.C ...
