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Latest articles
Is your educational institution ready for the Credit CARD Act?
Dow Lohnes PLLC
Federal regulations implementing the Credit Card Accountability Responsibility and Disclosure Act of 2009 (the "Credit CARD Act") took effect on February 22, 2010.
Jersey Employment Tribunal proceedings: meaning of a "week's pay"
Bedell Cristin
In this Jersey Employment Tribunal case, the applicant, a mechanic, had succeeded at a liability hearing on unfair dismissal.
Tip pool may include employees not customarily tipped if no tip credit is taken
EpsteinBeckerGreen
In a landmark decision upholding the validity of the employer’s mandatory tip pool, on February 23, 2010, the U.S. Court of Appeals for the Ninth Circuit issued its opinion in Misty Cumbie v. Woody Woo, Inc. No. 08-35718.
Roadshow Films v iiNet : ISP not liable for ‘authorising ’ copyright infringement
Corrs Chambers Westgarth
On 4 February 2010, Justice Cowdroy delivered the Federal Court's decision in Roadshow Films Pty Ltd v iiNet Limited (No 3) [2010] FCA 24 (Roadshow v iiNet).
Illinois Appellate Court clarifies legal standard for proving negligence claims against design professionals
Barnes & Thornburg LLP
A recent Illinois appeals court ruling has found that design professionals can breach their professional standard of care by failing to perform work not expressly required by their contract.
SEC charges Madoff’s director of operations with falsifying accounting records and siphoning investor funds
Vedder Price PC
On February 25, 2010, the SEC charged Daniel Bonventre, Director of Operations at Bernard L. Madoff Investment Securities LLC (“BMIS”) who was responsible for running the back office and overseeing the firm’s accounting and securities clearing functions for at least 30 years, with falsifying accounting records to enable the firm’s multi-billion dollar fraud and illegally enrich himself, Bernard Madoff and Mr. Madoff’s family and other employees.
Chvetsov -v- BNP Paribas Jersey Trust Corporation Limited [2009]JCA157
Bedell Cristin
This judgment of the Jersey Court of Appeal is helpful in reaffirming the test for leave to appeal and, also, in confirming that a nominee is a bare trustee and, as such, cannot be said to owe any duty under the trust or in tort to the beneficiaries (albeit that the court did acknowledge that the facts of a particular case might give rise to such a duty).
California proposing new labeling requirement for foods, cosmetics, glues and paper containing the chemical acrylamide
Alston & Bird LLP
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (Cal/EPA or OEHHA) has found that acrylamide, a chemical that is naturally formed in some foods when cooked at high temperatures (e.g., potatoes, asparagus), found in certain consumer products (e.g., cosmetics, glues and paper) and used in waste water treatment for drinking water, meets the criteria for Proposition 65 listing as a reproductive toxicant.
Government responds to expert panel's report on Franchising Code amendments
DibbsBarker
The Hon Dr Craig Emerson, Minister for Small Business, Independent Contractors and the Service Economy and Minister for Competition Policy and Consumer Affairs recently announced the Government's response to the expert panel's report on unconscionable conduct and the regulation of the franchising sector.
Exposing the mess swept under the rug: Supreme Court of Canada orders damages for breach of tendering contract
McMillan LLP
Owners breach their tendering process at their peril and they may now have difficulty relying on a broad exclusion of liability clause following the recent decision by the Supreme Court of Canada in Tercon Contractors Ltd. v. British Columbia (Transportation and Highways).