• When is an expert an “expert”? Underwriters’ statutory liability for prospectus misrepresentation

    In LBP Holdings Ltd. v Allied Nevada Gold Corp., the Ontario Superior Court concluded that although underwriters may be sued for misrepresentations contained in a prospectus pursuant to s. 130 of the Ontario Securities Act

    May 19, 2016

  • Hong Kong regulators step up enforcement on personal data protection

    Over the past month, Hong Kong Courts and the Securities and Futures Commission (“SFC”) have taken action under the Personal Data (Privacy) Ordinance (“PDPO”) against an insurance agent, a marketing company and a licensed individual for improper handling of personal data, resulting in a Community Service Order, a fine, and an SFC disciplinary action. These cases demonstrate increased citizen awareness of privacy rights, industry focus on the PDPO, and foreshadow further enforcement activity.

    May 18, 2016

  • The Brexit debate – why does it matter to US businesses?

    On June 23, 2016, the United Kingdom (the UK) will vote on whether to remain in or leave the European Union (the EU). Brexit has become the popular term coined by the media for the scenario in which the UK votes to “leave” or “exit” the EU in the referendum in June. A similar term (Grexit) has been used when there has been speculation in the past about a possible exit by Greece from the EU. The political and economic debate around a Brexit has been in the UK headlines for some time. As the referendum date approaches, Brexit is also now hitting global headlines and the United States (the US) has been one of the most prominent countries contributing to the wider global debate.

    May 18, 2016

  • Hotel shorts series

    In this monthly series, Nick and Louisa identify key issues for discussion when agreeing the terms of a hotel management agreement. They identify the positions adopted by owners, operators and lenders and further issues for consideration during the negotiation process.

    May 18, 2016

  • DOL’s new salary rule is a mixed bag for employers

    Adding to the recent flurry of federal regulatory activity, on May 18, 2016, the United States Department of Labor (DOL) issued a final rule that raises the salary threshold for exempt employees under the Fair Labor Standards Act (FLSA). The new rule represents another added burden on employers already struggling to keep up with ever-increasing regulatory demands and presents a stark choice to many of increased costs or lower productivity...

    May 18, 2016

  • Scope of disclosure of R&D documentation in UK patent litigation cases significantly narrowed

    The overriding objective of dealing in cases justly and proportionately is often quoted but ignored by parties. The High Court of the UK in Positec v. Husqvarna [2016] EWHC 1061 (Pat) made it clear that ignoring the objective is not an option. Mr Justice Birss has ruled that patentees will now not normally be required to disclose any R&D documentation showing how the invention was arrived at, for the purposes of assessing obviousness. If disclosure of the inventor’s records is sought, the opponent will need to make out a specific case for it.

    May 18, 2016

  • eLife is moving forward faster than we are

    The government has published a short list of candidates for the Information Regulator to be established in terms of the Protection of Personal Information Act.

    May 17, 2016

  • OSHA reporting rule adds to employer burdens

    The Occupational Safety and Health Administration (OSHA) has finalized a new rule, which was first proposed on...

    May 17, 2016

  • Life insurance broker’s liability is upheld by Quebec Court of Appeal

    The obligations of an insurance broker to his client and to a third party were the subject of a recent unanimous ruling of the Quebec Court of Appeal. On a more general note, the Court also confirmed when prescription (the limitation period) in a third party claim starts to run.

    May 17, 2016

  • Competition Tribunal finds Toronto Real Estate Board abused its dominance

    Five years after the Commissioner of Competition started proceedings against the Toronto Real Estate Board (TREB), the Competition Tribunal ruled that the board had abused its dominance by preventing its members from offering more innovative services to their customers.

    May 17, 2016

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