The Army Corps of Engineers and EPA’s Joint Guidance Following the Rapanos Decision
Ryley Carlock & Applewhite, Phoenix
by Karlene Fischer
The jurisdictional authority of the Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) helps protect the wetlands of the United States as mandated by the Clean Water Act (“CWA” or “the Act”).
As a result of the consolidated cases heard last year by the Supreme Court, Rapanos v. United States and Carabell v. United States, on June 5, 2007, the Corps and the EPA issued a joint guidance regarding the Corps’ jurisdiction over waters of the United States under the CWA (Clean Water Act
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Retaliation: The New Vogue in Employment Litigation
Don't Get Mad - Don't Get Even - Just be Savvy
by Peter M. Panken, Esq.
The Equal Employment Opportunity Commission (“EEOC”) recently reported retaliation charges have doubled in the past decades and constitute 25 percent of all charges before the EEOC.
Employers who face retaliation lawsuits can be found liable for reinstatement, backpay, front pay, damages for pain and suffering, punitive damages and paying the plaintiff’s legal fees depending on the particular anti-retaliation law involved.
When managers are accused of violating the law, they usually get mad at their accuser.
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Ambush Marketing and the 2010 Vancouver-Whistler Olympic Games: A Prospective View
Fogler Rubinoff LLP, Toronto
by Nancy A. Miller
The Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games has broadly defined ambush marketing in the following terms:
Only official sponsors, licensees and government partners of the Olympic Movement in Canada are allowed to suggest an affiliation or connection with the Olympic Movement or any Olympic Games.
Unfortunately, those exclusive rights can be infringed by “ambush marketing” – marketing that capitalizes on the goodwill of the Movement by creating a false, unauthorized association with the Olympic Movement, Olympic Games or Olympic athletes without making the financial investment required to secure official sponsorship rights.
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Resolution of International Business Disputes
Harrison & Moberly, LLP
by David Williams Russell
Alternative dispute resolution clauses and techniques provide tools whereby parties to various sorts of business agreements and deals pre-arrange to resolve full-blown disputes in case they arise after such relationships have been severely or irretrievably strained. Such techniques can be designed to resolve all problems which may arise between parties, or limited to specific aspects or subject matter.
Let me start by briefly outlining for you some dispute resolution mechanics short of litigation and arbitration. Then I would like, again briefly, to outline for you some potential advantages and disadvantages of arbitration versus litigation. Finally, I would like to discuss with you, in somewhat more depth, some specific alternatives and concerns you may wish to consider should you choose international arbitration as your ultimate mechanism for resolving intractable disputes amongst parties to an international business agreement.
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Overview of Doing Business in Mexico
Martinez, Algaba, Estrella, De Haro y Galvan-Duque, S.C., Mexico City
by Luis Lavalle Moreno
For foreign corporations or individuals who seek to do business in Mexico, there are several ways for them to invest their capital in this country. As in many other jurisdictions, a very common vehicle for doing business in Mexico is through the incorporation of a Mexican company, where foreigners may own and
participate in their capital stock.
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Cybercrime in the U.S. - Protecting Your Clients From Theft By Computer
Epstein Becker & Green, P.C., Atlanta
by Jeffrey Y. Lewis and Jeffrey Paul Lutz
The aggregate annual losses to businesses from computer crime in the United States are estimated to be in the billions of dollars. In an employment setting, where much of the workforce has access to the company’s computer, the potential for computer theft, fraud and abuse, by both current and former employees, presents unique problems for an employer, and challenges for counsel. Common motives include misappropriation of confidential or trade secret information for competition or retaliation. Typical misconduct includes to copy, delete, or modify information contained in the computer, theft of computer processor time and computerized services, exploitation of “viruses”, and “worms”, or use of the computer to commit traditional, common law crimes, such as stealing credit card information to make fraudulent purchases. This article is a sampling of U.S. federal and state statutes which provide protection from criminal invasion by computer.
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U.S. Citizens Gain Travel Flexibility within Western Hemisphere
Epstein Becker & Green, P.C., New York
On June 20, 2007, the Bush administration postponed rules that would require passports for US citizens re-entering the country by land or sea from Canada, Mexico, Bermuda or Caribbean countries. This postponement follows the decision earlier this month to relax related requirements for air travelers. Both were required by the unprecedented demand for U.S. passports caused by the “Western Hemisphere Travel Initiative” (“WHTI”), which had required United States citizens traveling to Canada, Mexico, the Caribbean, and Bermuda (the “WHTI Countries”) to obtain U.S. passports.
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21 st Annual Transportation Innovation and Cost Savings Conference
www.transportconference.net
Speakers include:
• Dr. Charles McMillan, Professor, Schulich School of Business, York University
• Rob Wiebe, Senior Vice President LCL Transportation, Loblaws
• Monique Kack-North, Vice President Supply Chain, Winners & Home Sense
• Anita Ernesaks, Managing Director, CN Worldwide
• Ron S. Dembo, CEO, Zerofootprint
• Richard Kunst, Vice President of Continuous Improvement, LaZBoy Inc.
• Geoff Bennett & Keith Matthews, Co-Chairmen, Kelron Logistics
• John Marshall, CEO, iScore Solutions
• Lynn Arcari, Director of Sales, BSM Wireless
• Dale Denis & Stephen N. Infuso, Attorneys, Folger Rubinoff LLP
• David Coles, Attorney, Boyne Clarke
• Gary MacNew, former VP, Rich Products Corporation.
• Kelly Winters, General Manager, Alliance Shippers Inc.
• George Magliano, Director, Global InSight
• Michael Adams, General Manager Automotive, Canadian Pacific
• Tim Haig, President & CEO, Biox Corp.
• Jacques Perron, General Counsel, Lavery, DeBilly
• Harold Lenfesty, former President & CEO, Harley Davidson Canada
Moderators:
Doug Munro, CEO, Maritime Ontario
Darshan Kailly, CEO. Canadian Freightways
Peter Abraham, President, Simard Transport
Gordon Smith, President, Manitoulin Group of Companies
John Fiorilla, Attorney, Capehart Scatchard
Lou Smyrlis, Editor, Canadian Transportation & Logistics
Tim Speed, President, UTI Canada Inc.
Featuring:
Railway Demurrage Workshop
Distribution/Warehousing Workshop
Automotive Logistics Workshop
Shipper-Carrier Breakout
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Tuesday, September 25, 2007
8:00 a.m. – 5:00 p.m.
Ontario Science Centre (at the corner of Don Mills Rd & Eglinton Ave.E.)
Cost: $795 plus GST for one, $1500 plus GST for two
Includes parking, breakfast, 4 course rotational lunch, cocktails and door prizes
Certificate of Continuing Education in Logistics provided for attendees
To register for Canada’s largest shipper’s educational event, please call
Dr. Richard Lande @ 905.319.1244 or e-mail rlande@cogeco.ca
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Doing Business in China: Understanding China's Newly Adopted Labor Contract Law
Epstein Becker & Green, P.C.
by Jian Hang
On June 29, 2007, the Standing Committee of the National People’s Congress, China’s top legislature, adopted the Law of the People’s Republic of China on Labor Contract (“China Labor Contract Law” or “CLCL” ). The CLCL’s approval followed 18 months of deliberation, intense debates, warnings about the potential damages to business including threats to withdraw foreign investment from China, and complaints from activists that foreign companies were trying to erode workers’ rights. The CLCL will take effect as of January 1, 2008.
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