Consultation

News & Analysis as of

Ontario Superior Court Upholds Consultation

Wabauskang First Nation v. Minister of Northern Development and Mines et al., 2014 ONSC 4424 (Decision) involved a decision of the Director of Mine Rehabilitation (Director) to acknowledge a Production Closure Plan (PCP)...more

Broad Duty To Consult Is New Norm Under ESA In 9th Circ.

Recently, the Ninth Circuit sitting en banc issued a landmark decision regarding the consultation provisions of the Endangered Species Act. The consultation provisions require any federal agency that authorizes, funds or...more

En Banc Ninth Circuit Holds ESA Consultation Requirement Applies to Renewal of Long-Term Water Contracts

In a unanimous decision, eleven active judges on the United States Court of Appeals for the Ninth Circuit held that the duty to consult under section 7(a)(2) of the Endangered Species Act (ESA) when a federal agency action...more

Expert Permitted to Rely on Consultant Who Conducted "Survey" Even Though Consultant Was Not a "Survey" Expert

Zurn Industries, Inc. ("Zurn") moved to exclude Sloan Valve Company's ("Sloan") consultant witness and other testimony based on the consultant's investigation. The patent-at-issue, U.S. Patent No. 7,607,635, entitled "Flush...more

Spotlight on Tennessee: Rulings Highlight Taxable and Non-Taxable Consulting Services

Two recent letter rulings issued by the Tennessee Department of Revenue (Department) and posted on January 22, 2014 illustrate that nothing should be taken for granted in the sales and transactions taxes area when services...more

If I’m a new consultant then should I focus on selling in areas where other distributors are successful or should I focus on...

It is often said that direct selling/MLM/network marketing is about first sharing your product and services within your spheres of influence, that is to say, first harvest the low lying fruit. This means calling upon your...more

Financial Services Law -- Dec 09, 2013

#Badidea: JPMorgan Chase Stumbles on Twitter - JPMorgan Chase’s recent activity on Twitter provides an example of the need for financial institutions to use caution when using social media....more

OCC Announces Standards for Third-Party Consultants

The Office of the Comptroller of the Currency (OCC) recently issued guidance on what it looks for when requiring national banks and federal thrifts in enforcement orders to engage third-party consultants (3PCs). Bulletin...more

OCC Issues Guidance and Establishes Standards Regarding Banks’ Usage of Independent Consultants in Connection with Compliance with...

The OCC issued guidance (the “Guidance,” OCC Bulletin 2013-33) that establishes standards that the OCC will use when it requires national banks, federal savings associations or federal branches or agencies (collectively,...more

OCC Publishes Standards on the Use of an Independent Consultant

On November 12, the Office of the Comptroller of the Currency (OCC) published standards governing the use of independent consultants in enforcement actions “involving significant violations of law, fraud, or harm to...more

OCC Publishes Standards on Independent Consultants

On November 12, OCC published standards governing the use of independent consultants in enforcement actions involving significant violations of law. The standards describe the criteria the OCC will use in determining whether...more

Corporate and Financial Weekly Digest - November 15, 2013

In this issue: - SEC Division of Corporation Finance Issues 11 New C&DIs - Register for Our 2014 Proxy Season Update Webinar - CFTC Issues Cross-Border Transactions Advisory - CFTC Issues Guidance...more

HVS Miami Report: Miami’s Leap To Global Gateway Status

Andrew Cohan, Vice President of HVS Miami, a hospitality driven mixed-use real estate consulting and valuation firm, recently co-authored his firm’s Autumn 2013 Florida Newsletter entitled “Miami’s Leap to Global Gateway...more

UK Government Publishes Response to Consultation on TUPE

The response to the Consultation will result in key changes to automatic employee transfer legislation, although the changes do not go as far as originally planned. On 5 September, the UK government published its...more

Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013

On August 16, 2013, the Government of Alberta ("Alberta") released its Policy on Consultation with First Nations on Natural Resource Management, 2013 (the "Policy"). The Policy is the product of extensive consultation with...more

How Can I Make the Most Out of the First Meeting? [Video]

Mitchell Reichman, a Board Certified Family Law Specialist at Phoenix Arizona law firm Jaburg & Wilk, P.C. talks about how one can make the most of the first initial meeting with an attorney. He talks about what should be...more

European Union Requests Consultations in First WTO Case Against Russia

On 9 July 2013, the European Union (EU) formally challenged Russia on its recycling fee for imported vehicles by requesting consultations under the WTO dispute settlement system. This is the first WTO dispute initiated...more

Consultation on digital terrestrial radio broadcasting (Italy)

The Italian Communication Authority (AGCOM) has recently launched a public consultation on the digital terrestrial radio broadcasting regulation....more

Q: Should I Bill for Initial Consultations?

A: The New Law Business Model way of doing things is to guide you to shift from giving away free initial consultations to an altogether new way of handling your first meeting with a client. ...more

Common legal issues affecting the refining industry

Some involvement with legal issues is inevitable for professionals, including individuals and the companies for whom they work. But too often, companies — their management, their personnel, and their counsel — accept the...more

‘You Scratch My Back’ Leads To A Fine And Penalty

The above lyrics are the closing stanza to the song “Ghost Riders in the Sky”. I thought about the advice for the cowboy to change his ways to save his soul from Hell when I read in both the Financial Times (FT) and the Wall...more

Ninth Circuit Holds Cumulative Effects Analysis Not Necessary For Informal Consultation

In a published opinion affirming the denial of preliminary injunctive relief, the U.S. Court of Appeals for the Ninth Circuit held that "there is no statutory mandate to consider cumulative effects during informal...more

REMIT Set to be Enforced in the UK

If the UK Government meets the implementation deadline of 28 June 2013, then the United Kingdom will be one of the first EU Member States to implement the EU regulation on wholesale market integrity and transparency (REMIT). ...more

We Say Good-Bye To The Secretary Of Defense And Total Says Hello To Two Monitorships – Total Part III

Today I finalize my review of the Total SA (Total) Foreign Corrupt Practices Act (FCPA) enforcement action....more

Orrick World: A Quarterly Report of Global Employment Law Issues for Multinationals - Spring 2013

In This Issue: France Employment Law Update; Germany Employment Law Update; Italy Employment Law Update; UK Employment Law Update; and, United States Employment Law Update....more

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