GOOD FAITH & CONTRACTUAL DISCRETION When parties agree to include discretionary rights in their agreement, one party will have the right to determine the outcome of some matter in prescribed circumstances. It is well established, however, that the...
The SEC’s Division of Investment Management is cracking down on funds that use names that suggest safety or protection from loss. In Guidance Update No. 2013-12, the staff stated that fund names suggesting safety or protection from loss may...
The OIG recently issued a report concluding that Medicare hospital outlier payments warrant increased scrutiny by CMS. Outlier payments are supplemental payments to hospitals that are designed to protect hospitals from significant financial losses...
In what circumstances should an appellate court permit the Crown to amend an information against an accused person at the appeal hearing? This was the question faced by the Ontario Court of Appeal in R. v. Brownson, 2013 ONCA 619. The split judgment...
California has recently issued proposed regulations that will significantly impact oil and gas extraction in the State. Oil and gas producers that use well stimulation techniques, including hydraulic fracturing (HF), should be aware of these...
From 23 November 2013, all sponsors for the Subclass 457 visa will need to satisfy the newly introduced Labour Market Testing (‘LMT’) requirement in order to secure the visa or sponsorship transfer for their candidate....
Nevada Secretary of State Ross Miller has been a tireless promoter of Nevada’s private corporation law. Over a year ago, he announced an on-line business entity search tool for iPhone, iPad and iPod Touch users......
Caution should be exercised when requesting, reviewing or sharing seismic data held by a regulatory authority, as demonstrated by the latest decision in a series of lawsuits commenced by Geophysical Service Incorporated (GSI)....
“Yes!” I exclaimed as I scrolled through my Facebook feed two days ago, “Perfect timing! I’ll get to follow-up on Brent Lorentz’s ‘You’ve gotta be shipping me!!’ DuetsBlog post from earlier this year....
New rules came into effect in Canada on Nov 12, 2013 dealing with contracts between merchants and payment providers (including banks), payment networks, payment hardware providers or multiple service providers, in the credit and debit card and...
