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  • Article

    U.S. District Court In Georgia Considers Effect Of Releases Submitted With Applications For Payment, Notice Requirement As To Extra Work And Defective Specification Claims And No-Damage For Delay Provision

    Pursuant to the subcontract, Duncan was to supply labor and material for the Project’s water distribution system.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    IDEL Regulation And Constructive Dismissal At Common Law: Appellate Court Finds Analytical Errors "Tainted" Lower Court Decision, Does Not Rule On Substantive Issue

    On May 12, 2022, the Ontario Court of Appeal rendered its highly anticipated decision in the appeal of Taylor v Hanley Hospitality Inc. The lower court had considered the interaction...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Naloxone In The Workplace

    Does your workplace have a naloxone kit? Are you legally required to have one?
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario Divisional Court Finds Arbitrator's Decision To Reinstate Terminated Grievors Was "Fatally Flawed"

    On April 2, 2024, the Ontario Divisional Court released its decision in Metrolinx v. Amalgamated Transit Union, Local 1587, which was a judicial review of an arbitration decision rendered...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Italy Enlarges Corporate Criminal Liability To Encompass EU VAT Frauds

    On July 15, 2020, the Italian Government issued Legislative Decree no. 75 (the "Decree"), implementing Directive (EU) 2017/1371 (known as the "PIF Directive") aimed at ensuring the...
    European UnionTax
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    COVID-19: French Measures To Facilitate The Continuation Of The Dealings With The Employees Representatives

    On March 23, 2020, the French Parliament adopted an emergency law declaring a "state of health emergency" for an initial period from March 24, 2020 to May 24, 2020...
    FranceCoronavirus (COVID-19)
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    IRS To Reinvigorate Its QETP Program In Effort To Crack Down Harder On Independent Contractor Misclassification

    The Chief of the IRS’s Employment Tax Policy section, John Tuzynski, told lawyers on May 10, 2013 at an American Bar Association’s meeting of tax lawyers in Washington, D.C. that the IRS will soon be pursuing more cases involving independent contractor misclassification through its Questionable Employment Tax Practices program.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    New Jersey Court Approves Contract That Limits Employee’s Time To Bring Discrimination Claim

    The Superior Court of New Jersey ruled that an employee is bound by his agreement to a six-month limitation period to file any suit against his employer.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Mortgage Liens: Can Liens Be "Stripped Off" (Vs. "Stripped Down") In A Chapter 7 Case?

    A discussion on a recent case, where the bankruptcy court held that a totally underwater junior lien on a residential property could be "stripped off" in a Chapter 7 case, thus choosing to follow a Second Circuit case that addressed the issue in a Chapter 13 case.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Sale "Free And Clear": Adequate Protection Of Nothing Is Nothing

    After substantially all of the debtors’ assets were sold in a bankruptcy sale, a secured lender and a state tax authority made competing claims for turnover of sale proceeds.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Student Loan Discharge Upheld Under Clear-Error Standard

    In a recent decision, the U.S. Court of Appeals for the Ninth Circuit reversed an Oregon district court judgment in Hedlund v. Educational Resources Institute, No. 12-35258, D.C. No. 6:11- cv-6281-AA, finding that court's de novo review of a Section 523(a)(8) proceeding to be improper and holding that the bankruptcy court's good-faith finding should be reviewed solely for clear error.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    A&O Shearman Represents Aegon On GBP2 Billion Sale Of Aegon UK To Standard Life

    A&O Shearman advises Aegon on the approximately GBP2bn sale of its UK business to Standard Life, creating the UK's largest retirement savings and income business serving 16 million customers. The transaction includes GBP750 million in cash and a 15% equity stake in the combined entity, marking a strategic milestone in Aegon's transformation into a leading U.S. life insurance and retirement group.
    United KingdomCorporate/Commercial Law
    A&O Shearman
    A&O Shearman
  • Article

    EPA Poses Questions To New St. Croix Refinery Owners To Make Prevention Of Significant Deterioration Permit Determination

    On March 22, 2022, the U.S. Environmental Protection Agency (EPA) sent a letter to the West Indies Petroleum Limited and Port Hamilton Refining and Transportation LLLP, the new owners of the St. Croix refinery (Refinery).
    United StatesEnvironment
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    Ottawa Summer Shuffle

    On the eve of the Summer Solstice, Prime Minister Harper announced a few changes in the senior ranks of the federal bureaucracy.
    CanadaEnvironment
    Willms & Shier Environmental Lawyers LLP
    Willms & Shier Environmental Lawyers LLP
  • Article

    Seventh Circuit To Welcome First New Judge Since 2009

    The Senate yesterday confirmed the nomination of Professor Amy Coney Barrett of the Notre Dame University Law School to the vacant Indiana seat on the United States Court of Appeals for the Seventh Circuit.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    COVID-19 – EU Bonds: Has The EU Had Its Hamilton Moment?

    In the hit musical "Hamilton", there is a song called Cabinet Battle #1. In this song the first Secretary of State (and future President)
    European UnionCoronavirus (COVID-19)
    Matheson
    Matheson
  • Article

    Federal Government Suspends COVID-19 Vaccination Requirements For Certain Travel, And Federal Sector Employees

    On June 14, 2022, the federal government announced that as of June 20, 2022, it will suspend vaccination requirements for domestic and outbound travel, federally regulated transportation sectors and federal government employees.
    CanadaCoronavirus (COVID-19)
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Court Of Appeal Confirms Employment Contract Frustrated By Failure To Comply With Mandatory Vaccination Requirement

    In Croke v. VuPoint Systems Ltd., the Ontario Court of Appeal upheld a motion judge's decision that an employee's failure to comply with his employer's vaccination requirements...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario Court Concludes Bank Employee's Misconduct Amounted To Just Cause For Termination

    On July 23, 2024, the Ontario Superior Court of Justice released its decision in Arora v ICICI Bank of Canada, a wrongful dismissal claim filed by a former employee of ICICI Bank of Canada (Bank)...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario Human Rights Commission Issues Policy Position On Caste-Based Discrimination

    The Ontario Human Rights Commission (Commission) recently released a policy position addressing the issue of caste-based discrimination...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP

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