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United States: Manually Dialed Telephone Calls May Violate TCPA - Loeb & Loeb LLP

Sun, 19 May 2013 09:00:27 GMT

A federal court in the Western District of Wisconsin has now expanded the reach of the TCPA beyond auto/predictive dialers, holding in Nelson v. Santander Consumer USA that the federal statute may apply to calls even if an auto/predictive dialer is not used to initiate them.

United Kingdom: Termination Without Tears (Video Content) - Withers LLP

Sun, 19 May 2013 09:00:27 GMT

A number of tips for employers wanting to avoid confusion when they terminate employment contracts.

United Kingdom: Unfair Dismissal - Political Opinions Or Affiliation - Withers LLP

Sun, 19 May 2013 09:00:27 GMT

A discussion on the Enterprise and Regulatory Reform Act, which will introduce a new exception to the qualifying period of employment for unfair dismissal in cases.

Canada: After "Indalex": Pension Claims Under The New CCAA - Aird & Berlis LLP

Sun, 19 May 2013 09:00:27 GMT

The Supreme Court of Canada released its long-awaited decision in "Sun Indalex Finance, LLC v. United Steel Workers".

United Kingdom: A Second Circuit Nod To Appropriation Art - Withers LLP

Sun, 19 May 2013 09:00:27 GMT

The United States Court of Appeals for the Second Circuit has recently issued a landmark decision in a closely-watched fair use copyright case.

Canada: Saskatchewan Court Sets New High-Water Mark For Punitive Damages Against Insurers - Blake, Cassels & Graydon LLP

Sun, 19 May 2013 09:00:27 GMT

In Branco v. American Home Assurance Co., Justice Acton of the Saskatchewan Court of Queen's Bench awarded a combined total of C$4.5-million in punitive damages against the two defendant insurers.

Australia: Residential premises and commercial residential premises - ATO releases final GST rulings - Norton Rose Australia

Sun, 19 May 2013 07:32:30 GMT

The classification of premises as either RP or CRP for GST purposes has long been an area of unnecessary complexity.

Australia: Can’t agree on loss of bargain? Simply apply a "congeries of provisions" - Norton Rose Australia

Sun, 19 May 2013 06:44:02 GMT

In the negotiation of complex agreements, clauses providing for agreed damages on termination can be a sticking point.

Australia: Beware the material effect of amending a plan of subdivision - Norton Rose Australia

Sun, 19 May 2013 06:36:44 GMT

This recent decision provides some guidance as to the basis on which a purchaser may rescind an 'off-the-plan' contract.

Australia: Victorian Government reforms PPP Policy to support Infrastructure Growth - K&L Gates

Sun, 19 May 2013 06:27:23 GMT

The Policy encourages private sector investment in infrastructure by providing an alternative to full private finance.

Australia: 2012 Down Under – A sample of Interesting Cases for Brand Owners - Addisons

Sun, 19 May 2013 06:03:13 GMT

Parallel imports, overseas brands and registrability of building names came under scrutiny in Australian courts in 2012.

Australia: ACCC takes first enforcement action under "Unfair Contract" laws in the Australian Consumer Law - Swaab Attorneys

Sun, 19 May 2013 05:53:52 GMT

The ACCC took enforcement action against standard form consumer contract terms which were unfair and unenforceable.

Australia: Superannuation & Funds Management - What's News - 30 April 2013 - Holding Redlich

Sun, 19 May 2013 02:27:36 GMT

The newsletter includes links to media releases, cases and legislation relating to superannuation & funds management.

Australia: Retirement made easy – Standard contracts for NSW retirement villages - Hunt & Hunt

Sun, 19 May 2013 02:25:12 GMT

Standard contracts for NSW retirement villages will be mandatory for contracts entered into on or after 1 October 2013.

United States: United States Court of Appeals Invalidates Union Posting Rule - Day Pitney LLP

Sun, 19 May 2013 01:26:43 GMT

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit struck down the National Labor Relations Board ("NLRB") rule that would require employers to display posters about workers’ rights to engage in concerted activity.

United Kingdom: Resource Nationalism And Its Impact On Infrastructure Projects - Reed Smith

Sun, 19 May 2013 01:19:20 GMT

The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of "resource nationalism" with resource-rich host states seeking greater control or a larger share of the revenue generated from its resources.

United States: No Cure Opportunity Required Where Auto Dealer's Breach Is Incurable - Day Pitney LLP

Sun, 19 May 2013 01:07:07 GMT

Many state motor vehicle dealer statutes require that franchisors provide dealers with an opportunity to cure contractual breaches prior to implementing terminations.

United States: Marketplace Fairness Act Of 2013 Passes United States Senate - Duane Morris LLP

Sun, 19 May 2013 00:51:56 GMT

On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27.

United States: District Court Limits The Collection Of Withdrawal Liability Against Private Equity Funds - Proskauer Rose LLP

Sun, 19 May 2013 00:50:38 GMT

Since the enactment of the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), employers that withdraw from a multiemployer plan have been required to pay their share of the pension plan's unfunded liabilities, i.e., an employer's withdrawal liability.

Canada: Court of Appeal Dismisses Canadian Franchise Association’s Motion to Intervene in the Dunkin’ Donuts Matter - Fasken Martineau

Sun, 19 May 2013 00:00:00 GMT

The decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin' Brand Canada Ltd. ("Dunkin' Brands"), was appealed by Dunkin' Brands on July 23, 2012.

United States: Federal Statute Precluding Enforcement of Arbitration Clauses in Motor Vehicle Franchise Contracts Inapplicable to Snowmobile, ATV Dealer Agreements - Day Pitney LLP

Sun, 19 May 2013 00:00:00 GMT

Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements.

United States: Appeals Court Upholds FERC's ROE Approach - Day Pitney LLP

Sun, 19 May 2013 00:00:00 GMT

On May 10, the U.S. Court of Appeals for the District of Columbia Circuit rejected Southern California Edison's challenge to the Federal Energy Regulatory Commission's (FERC's or Commission's) setting the company's base return on equity (ROE) for three transmission projects using the median, rather than the midpoint, of a zone of reasonableness.

Canada: Canadian Competition Bureau's New Approach to Upstream Oil and Gas Mergers - Norton Rose Canada LLP

Sun, 19 May 2013 00:00:00 GMT

On May 10, 2013, the senior deputy commissioner at the Mergers Branch of the Competition Bureau (the Bureau) announced that the Bureau is changing its information requirements for merger transactions involving the upstream sector of the Canadian oil and gas industry.

Canada: Health and Safety Trumps Employee’s Seniority - Norton Rose Canada LLP

Sun, 19 May 2013 00:00:00 GMT

In a recent decision, an Ontario arbitrator has upheld the dismissal of a grievor with 37 years of service for repeated violations of the company’s health and safety rules and policies.

Australia: Continuous Disclosure to the ASX – What to Say and When? - K&L Gates

Sat, 18 May 2013 20:47:37 GMT

Continuous disclosure is again attracting attention with recent amendments to the Listing Rules and a new Guidance Note.