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No Variation Clauses: Worth the Paper They're Written On?

In Globe Motors v TRW Lucas Varity Electric Steering, the English Court of Appeal has considered the effect of 'no variation' clauses that stipulate the formalities required for any subsequent amendment to the parties' contract. The…more

Suncor Clears Important Hurdle in Implementation of Random Alcohol and Drug Testing in Alberta

Employers seeking to introduce random alcohol and drug testing in hazardous work environments have reason to be optimistic following the recently released decision in Suncor Energy Inc. v. Unifor Local 707A. Justice D.B. Nixon held…more

Vague OHSA charges must be clarified: court orders prosecutor to provide particulars of charge

A judge has ordered a prosecutor to provide “particulars” of a vague charge under the Nova Scotia Occupational Health and Safety Act, so the constructor could understand the charge against it…more

Eighth Circuit Orders Coverage For Hackers’ Fraudulent Wire Transfer

Financial institution bonds come in various forms, depending on the nature of the insured business (e.g. bank, broker, insurance company). Common forms are fidelity bonds and commercial crime policies. These policies provide first…more

It’s Not Just In Your Head: FTC Announces Yet Another Brain Health Settlement

The FTC recently announced another settlement involving a cognitive health product. According to the FTC’s complaint, LearningRx Franchise Corp. and its CEO, Dr. Ken Gibson, deceptively claimed that their brain training programs were…more

Designs law reform in Australia: Prior art base, Grace periods, Screen displays and other changes

May 2016 - The Australian Government has responded to a series of recommendations for reform of Industrial Designs Law by the Advisory Council in Intellectual Property (ACIP). ACIP made 23 recommendations in its final report, many of…more

Meeting Of The Biomass Research And Development Technical Advisory Committee Announced

On May 25, 2016, the U.S. Department of Energy (DOE) published a notice in the Federal Register announcing an open meeting of the Biomass Research and Development Technical Advisory Committee. The purpose of the meeting is to develop…more

Defects during the project life cycle: FIDIC and UAE law

Defects affect construction projects throughout their life-cycle – from design to construction to use. UAE law and the FIDIC Red Book, the most common form of construction contract adopted in the UAE, have numerous provisions to…more

Federal Circuit Review | May 2016

Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous - In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s judgment of…more

Design Life Warranties and Fitness for Purpose in Construction Contracts: the Position in Australia and England

Originally published in Australian Construction Law Bulletin Volume 27 No 8 to 9 from page 126. 1. Introduction - Although Australian construction contracts quite commonly provide for design life warranties in respect of…more

SEC Awards At Least $5 Million to Whistleblower

On May 17, the SEC announced that a former company insider will receive between $5 million and $6 million for providing a “detailed tip” that led the agency to uncover securities violations. According to the SEC, without the…more

Office of the Privacy Commissioner announces first investigation under the address harvesting provisions

Last week, the Office of the Privacy Commissioner (OPC) announced its report of findings against Compu-Finder, a Quebec-based company that offers face-to-face professional training courses…more

Department of Labor Issues Final Regulations Trimming FLSA Overtime Exemption for White Collar Employees

New Rule Raises Salary Threshold to Qualify for Certain "White Collar" Exemptions. Overview - On May 18, 2016, the U.S. Department of Labor (the "DOL") published its final rule (the "Final Rule") updating overtime regulations…more

The Art of War (of the Roses)

In my first year of practice, a client suggested I read The Art of War by Sun Tzu. This recommendation has turned out to be invaluable in shaping how I approach cases. Although the book is an ancient military treatise, it has…more

Rights and Obligations in the Marriage

Under the UAE’s Sharia-based Family Laws, there are a number of rights and obligations set out for the benefit of both husband and wife. These laws govern various aspects of the couple’s relationship and family, but the main points are…more

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance (updated for 2016)

The attached chart constitutes a summary of the laws of various jurisdictions that govern data breach notifications…more

OFAC Amends Burmese Sanctions Regulations

On May 17, OFAC amended the Burmese Sanctions Regulations, 31 C.F.R. part 537 by adding a general license to authorize most transactions related to U.S. persons residing in Burma that are otherwise prohibited by the Regulations…more

The First Wave of Post-Grant Appeals

2015 brought the first wave of Federal Circuit decisions in appeals from inter partes review (IPR) and covered business method (CBM) proceedings. The trend has been deference: in 83 post-grant appeals, the Federal Circuit has affirmed…more

Recent Study Says American Economy Needs More Skilled Immigrants

A recent report by a Dartmouth College professor suggests that current H-1B are too restrictive, limit productivity grown and are cost businesses in the United States thousands of dollars per worker. At a time when immigration is a hot…more

FCC Proposes to Eliminate Two Public Inspection File Requirements for Broadcast and Cable

At its Open Meeting on May 25, 2016, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing to eliminate two public inspection file requirements – one that applies to broadcast stations…more

New FBI Ransomware Alert: Bureau Provides Key Guidance for Prevention and Business Continuity Planning

The Cyber Division of the Federal Bureau of Investigation (FBI) recently issued a new ransomware notice. The notice encourages organizations, regardless of industry and size, to focus on two areas in their efforts to minimize…more

Arrested Development: Fighting fraud & corruption in international aid

The following interview is with Oliver May. RB: Oliver, you’ve been specialising in how corruption affects aid organisations. Perhaps you could tell us a little about your background and how you got into that? OM: It would be…more

Land Use Matters: Alston & Bird LLP, May 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please see full…more

Myanmar’s Scope of Prohibited and Restricted Activities for Foreign Investment – A New Revision

The Myanmar Investment Commission (MIC) issued notification 26/2016 on 24 March 2016 amending the list of activities in which foreign investment is prohibited or restricted, repealing the previous notification that dealt with this…more

Tips for CRM2 Compliance

The final phase of the Canadian Securities Administrators’ Client Relationship Model Project (CRM2) comes into force on July 15, 2016 when amendments to NI 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations…more

Drones, sUAS and More: A Basic Guide for Unmanned Aircraft Terminology

Terms referring to drones are often used interchangeably among operators, regulators and manufacturers. Many people use the common term “drone,” while commercial operators, public organizations and associations refer to more specific…more

FCC Updates Some Network Outage Reporting Rules; Seeks Comment on Other Issues Including Broadband and Possible Expansion of VoIP Reporting

More than a year after seeking comment on proposed revisions to its communications network outage reporting (NOR) requirements, the Federal Communications Commission (FCC or Commission) has released an Order. (The proposed NOR…more

Trademark Review | May 2016

Surname Not Registrable Absent Substantially Exclusive Use - As a result of various third-party uses of the surname “Ayoub” for similar services, Applicant’s use of AYOUB did not meet the requirement of Section (f) that use be…more

New Delaware Chapter 11 Filings – Vertellus Specialties, Inc. et al.

Vertellus Specialties, Inc., a global manufacturer of fine and specialty chemicals, and ten affiliates have filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware (Lead Case No. 16-11290)…more

Ontario Announces Significant Climate Change, Cap-and-Trade, GHG Emissions Legislative Developments

On May 18, 2016, the Ontario government (Government) passed the Climate Change Mitigation and Low-carbon Economy Act, 2016 (Act). The Government says that the Act’s objective is to make the province accountable for transparently…more

Environmental Groups File Suit Seeking Revision of E&P Waste Regulations

On May 4, 2016, the Environmental Integrity Project (EIP), National Resources Defense Council (NRDC); Earthworks; Center for Health, Environment and Justice; and three other environmental groups (hereinafter collectively referred to as…more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 2, May 2016

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact had…more

New OJK Regulation on Indonesian Securities Companies

The Indonesian Financial Services Authority (Otoritas Jasa Keuangan - "OJK") has recently issued Regulation No. 20/POJK.04/2016 ("Regulation 20/2016") on the Licensing of Securities Companies that Conduct Business Activities as…more

TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) makes important changes to the Toxic Substances Control Act (TSCA) that result in fundamental shifts in the requirements and approach under the law, while…more

CFPB Publishes New Annotated Loan Disclosures

In emails sent to CFPB email subscription holders, the CFPB announced the publication of new annotated versions of the Loan Estimate and Closing Disclosure that include citations to sections in Chapter 2 of the Truth in Lending Act…more

AML Risks and Foreign Correspondent Banking

With the Panama Papers scandal and government promises of continued aggressive AML enforcement, financial institutions face a variety of risks that require increased vigilance and mitigation strategies…more

TN Securities Division Urges Investors to Question Advisors

In a recent new release, the Tennessee Securities Division urged investors to ask tough questions of their investment advisors, and about their compensation, account arrangements and educational / regulatory history. The May 26 release…more

Voluntary best practices for drone privacy finally released

It’s here–last week, privacy groups and industry stakeholders that were participating in the National Telecommunications & Information Administration (NTIA) Multi-Stakeholder process released a set of best practices for commercial and…more

Congress Working Aggressively to Pass a Bipartisan WRDA in 2016

Both chambers in Congress are working aggressively to pass bipartisan Water Resources Development Act of 2016 (“WRDA 2016”) legislation this year. Now is the time for entities interested in U.S. Army Corps of Engineers (“USACE”)…more

State-vs.-State Unclaimed Property Dispute May be Heading to the Supreme Court

In March, we issued an advisory highlighting a lawsuit filed by the Pennsylvania Treasury Department against the State of Delaware in federal district court seeking to recover uncashed official checks escheated to Delaware by…more

"Brexit Bites": Dispute Resolution

This is the ninth in our series of "Brexit Bites" which focuses on Dispute Resolution. If the UK exits the EU, there could be implications for any dispute resolution process involving English law and English courts. Much will…more

CFPB Takes Enforcement Action Against Loan Officer for Alleged Mortgage Fee Kickback Scheme

Yesterday, the Consumer Financial Protection Bureau (CFPB) announced the issuance of a consent decree with a former mortgage loan officer arising out of alleged violations of the Real Estate Settlement Procedures Act’s (RESPA)…more

Issue of Diversifying Revenue Streams Stands in Shadow of Millionaire Surtax

Is it wise and fair to try to raise $2 billion per year in new revenue for improvements to public education and transportation by instituting a surtax of 4% on the incomes of every millionaire in Massachusetts? Seventy percent of…more

“Benching” Is Not Just for Athletes: A Timely Review of H-1B Wage Requirements

United States Citizenship and Immigration Services (USCIS) has started to notify employers of whether their H-1B petitions were selected in USCIS’s fiscal year 2017 random selection process, or “lottery,” that took place in April of…more

EPA Targets Oil and Gas Sector with Suite of New Emissions Rules

On May 12, 2016, the US Environmental Protection Agency (EPA) released its final rules aimed at reducing methane emissions from the oil and gas industry, in support of the Obama Administration’s efforts to cut methane emissions from…more

Summer Camp Crackdown: DOJ Enforcement under the ADA

With summer right around the corner, it is time for many parents to start signing up their children for summer camp. For most, enrolling children in camp usually is a smooth and uneventful process requiring the completion of an…more

Remembrance, May 30, 2016

At the age of 21, in 1861, Oliver Wendell Holmes, Jr. and many of his friends enlisted in the Massachusetts Infantry after thememorialday outbreak of the Civil War. He saw the worst of the war, and was nearly killed several times and…more

Nicatous Lodge proposes off-grid micro-hydro project

A Maine sporting camp has proposed developing an off-grid micro-hydropower project to provide it electricity. Nicatous Lake Lodge and Cabins LLC proposes to develop the micro-hydro project at its remote property near Burlington…more

CFPB Releases Report on Single-Payment Vehicle Title Loans

Earlier this month, the Consumer Financial Protection Bureau (CFPB) issued a report analyzing consumer usage and default patterns for certain single-payment vehicle title loans (the “Report”). Vehicle title loans are loans issued to…more

Balfour Beatty: The Case for Compliance

Large companies will need to reassess the adequacy of their health and safety controls in light of new large scale fines for workplace accidents. On 6 May 2016 Balfour Beatty Utility Solutions Limited (“Balfour Beatty”) was fined…more

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