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Yaiguaje v. Chevron: Blurring the Lines between Parents and Subsidiaries in Ontario

A recent ruling by Ontario’s highest court clarifying the law governing the enforcement of foreign judgments may turn Canada’s most populous province into an attractive forum for plaintiffs seeking to collect on judgments...more

Further Cause for Alarm for Canadian Corporations with Foreign Operations

We last wrote in July 2013 about Choc v Hudbay Minerals Inc., 2013 ONSC 1414, a decision which seemed to signal an increased willingness by an Ontario court to assume jurisdiction in a case of alleged wrongdoing by a foreign...more

Insurance Recovery Law -- Oct 02, 2013

Virginia Federal Court Rules Under D&O Policy that Search Warrant and Subpoena Trigger Defense Obligation Even Without A Formal Complaint or Demand - Why it matters: With increasing governmental investigations relating...more

How Your Company Can Benefit From an Asset Search

How Your Business or Company Can Benefit From an Asset Search It has become increasingly important over the past few years for businesses and companies to collect debts that are owed to them. The economy has been in poor...more

Supreme Court to Consider General Jurisdiction Over Foreign Parent Based on U.S. Subsidiary

On Monday, April 22, the United States Supreme Court agreed to hear DaimlerChrysler AG v. Bauman, which asks whether a foreign parent corporation can be subject to suit in the United States for wrongs allegedly committed by a...more

Privacy & Cybersecurity Update: Flaming Worms, Stuxnets and Other Cyber Threats — The European Union’s Response

The media is replete with reports of a botnet onslaught paralyzing Spamhaus, flaming worms usurping strategic information in the Middle East and a stuxnet super weapon wreaking physical damage to Iran’s nuclear reactors....more

Third Circuit Addresses Insured Status for Lessor of Commercial Auto

In its recent decision in Koons v. XL Insurance Company, 2013 U.S. App. LEXIS 5870 (3d. Cir. Mar. 25, 2013), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...more

Looking Ahead: Five Developments We’ll be Watching in 2013

As memories of New Year’s Eve fade, and another Inauguration Day winds down in Washington, D.C., it’s time to look ahead and identify key events and emerging trends that we think will help shape the business and human rights...more

California Electronic Discovery Act: Part Two

Part Two in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act, which established procedures for parties to discover electronically stored information (“ESI”)...more

Private Offerings in New York: How an “Integration Clause” bars an Investor from Relying on the Offerors’ Representations

Anyone in business should be careful to note whether their contracts contain “integration clauses.”  A so called integration clause makes the contract “king” in terms of the promises and...more

Washington Court of Appeals Interprets the Phrase "Third Person" Under Definition of "Insured Contract"

The Washington Court of Appeals held that a liability insurance policy's contractual liability exclusion precludes coverage for an insured's contractual obligation to indemnify another party for injury to the insured because...more

Termination of Contracts: A Balancing Act or the Tightrope over the Morgul Vale?

There is termination done correctly, and on the other hand there is incorrect or wrongful termination. The later form of termination is commonly known as “repudiation” of contract....more

Nuisance Pets in Condominiums - It's not the Dog's Fault!

Although condominium ownership allows one to own a portion of a larger piece of property, the unit owner does not have the same freedoms with respect to that property as would be had in the case of a detached, freehold...more

How to Maximize Value for Your Attorney Fee Dollars: Tips to Decrease your Legal Bill By: Gary J. Jaburg

If you are faced with needing the services of an attorney either for a personal matter or a business matter, the cost of quality legal services may seem expensive The more educated you are about purchasing legal services, the...more

Condo Fraud

A recent article in the Toronto Star about a property manager who bilked several condo corporations out of a total of $20 million dollars made the paper's front page headlines. It is alleged that the property manager...more

Corporate Protection and Negligence Claims in the Construction Industry

Recently the North Carolina Court of Appeals in White v. Collins Building, Inc. et al., addressed the issue of whether a homeowner has a negligence claim against its builder’s principal when the builder was a corporation. The...more

Leaking Balcony Enclosures- Who is Responsible?

In Kelowna B.C., Lloyd Guenther, who purchased a condo with his wife in 2003, was so frustrated with the Strata Council's inaction in addressing water leaks on the owners enclosed balconies and the building envelope issues...more

NY Court Rules Parent Corporations and Their Officers May Be Bound by Their Subsidiaries’ Arbitration Agreements

In January 2011, the Southern District of New York ruled that a parent corporation, as well as its officers and directors, may, in certain circumstances, be bound by an arbitration agreement entered into by its subsidiary....more

Alter Ego/Piercing the Corporate Veil - Trial Brief

In many trials there are issues that you know are going to come up before the trial even starts. This is one of those issues. My clients were sued and an attempt was made by the plaintiff to convince the court that my...more

Medical Staff Bylaws: How to create documents that are clear, compliant, and fair

In this Presentation: *How did we get here? *Erosion of “the club” *Why an “organized” medical staff? *Why bylaws? *Bylaws components *Commonly encountered bylaws weaknesses: *Conflict of interest *Member’s...more

Massachusetts and Federal Statutory Limitations on Liability for Charitable Organizations and their Directors or Trustees,...

This memorandum provides a summary analysis of the extent to which charitable organizations, their officers, directors or trustees, employees, and volunteers are exposed to liability under Massachusetts and federal law....more

Hermitage v. LaShangrila

Motion for Summary Judgment

MSJ in a declaratory action regarding insurance coverage representing insurance company, removed from state court to Federal court by insurance company. ...more

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