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Disclosure of derivative positions comes under renewed scrutiny

McCarthy Tétrault LLP
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Canada, United Kingdom, USA
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July 21 2008

Recent pronouncements by a court in the United States, as well as regulatory activity in the United Kingdom, have highlighted the issue of whether rules requiring disclosure of beneficial interests in securities of public companies should extend to economic interests in securities held through derivative contracts such as cash-settled total-return equity swaps (TRSs) and similar financial instruments

Infringement for copying less than 1 of a software program’s code?

Bereskin & Parr LLP
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Canada, USA
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July 30 2008

It is not unusual for software developers to re-use or “cut and paste” snippets of code from other programs

Independent creation

Cassels Brock & Blackwell LLP
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Canada, USA
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January 24 2008

A recent decision of the United States Court of Appeals for the First Circuit shows how independent creation can be a defence to a claim of copyright infringement

Plaintiffs in trademark proceedings need only show “use in the United States,” not use in interstate commerce, under Section 2(d) of the Lanham Act

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Canada, USA
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March 16 2007

In First Niagara Insurance Brokers, Inc. v. First Niagara Financial Group, Inc., No. 06-1202 (Fed. Cir. Jan. 9, 2007), the Federal Circuit reversed the Trademark Trial and Appeal Board’s (“TTAB”) decision rejecting First Niagara Insurance Brokers, Inc.’s (“FN-Canada”) opposition to the registration of certain marks by First Niagara Financial Group, Inc

US liability for cross-border pollution is here to stay US Supreme Court refuses to hear Pakootas v Teck Cominco

Dentons
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Canada, USA
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January 11 2008

Canadian companies have to face an uncomfortable new reality with respect to cross-border pollution: even if they conduct no activities whatsoever in the United States, the long arm of the US Environmental Protection Agency ("EPA") can apply to them if their Canadian operations result in pollution south of the border

Massachusetts court upholds ruling that e-mail settlement is enforceable

Dentons
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Canada, USA
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February 6 2008

A January 2008 decision of the Appeals Court of Massachusetts provides a cautionary tale regarding the use of e-mail when negotiating agreements

Supreme Court refuses to hear Teck Cominco’s appeal

Torys LLP
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Canada, USA
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January 31 2008

On January 7, 2008, the U.S. Supreme Court declined to hear an appeal by Teck Cominco Ltd. of a decision of the U.S. Court of Appeals for the Ninth Circuit

Ontario court allows summons for US company

Torys LLP
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Canada, USA
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January 31 2008

On January 17, 2008, the Superior Court of Justice in Sarnia issued an order directing a lower court to summon DTE Energy Co. to face charges in a Canadian court for allegedly violating provisions of Canada’s Fisheries Act

Our company is the target of a class action: what every board should know

McCarthy Tétrault LLP
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Canada, USA
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June 14 2007

Class actions are at once simple and complex, familiar and disturbing

Alberta Receiver recognized in Colorado under Chapter 15 of the US Bankruptcy Code

Dentons
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Canada, USA
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February 28 2008

Ernst & Young Inc. was appointed by the Court of Queen’s Bench of Alberta as the Receiver and Manager of an Alberta Corporation named Klytie’s Development Inc., its Colorado subsidiary, and the two primary shareholders of the debtor companies

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Search results

Disclosure of derivative positions comes under renewed scrutiny

Infringement for copying less than 1 of a software program’s code?

Independent creation

Plaintiffs in trademark proceedings need only show “use in the United States,” not use in interstate commerce, under Section 2(d) of the Lanham Act

US liability for cross-border pollution is here to stay US Supreme Court refuses to hear Pakootas v Teck Cominco

Massachusetts court upholds ruling that e-mail settlement is enforceable

Supreme Court refuses to hear Teck Cominco’s appeal

Ontario court allows summons for US company

Our company is the target of a class action: what every board should know

Alberta Receiver recognized in Colorado under Chapter 15 of the US Bankruptcy Code

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