From the Editor, October 2018
A welcome message from Mark I Dunaevsky for the Committee’s October 2018 batch of articles.
Legal regulation in Canada: the changing landscape
Significant regulatory reforms are underway across Canada that focus on enhancing our ability to regulate in the public interest, while engaging lawyers in working with regulators to do so, rather than seeing us solely as the reactive ‘disciplinarian’.
Forum shopping: Canada’s Supreme Court potentially reins in libel tourism
In the internet age, the potential exists for defamation claims to be filed around the world. In an effort to restrict potential lawsuits in disperse jurisdictions, the Supreme Court of Canada issued a decision on 8 June 2018 in Haaretz.com v Goldhar 2018 SCC 28, which changes the rules for bringing cases in the Canadian courts. Even if there is jurisdiction simpliciter to bring a claim, a close review of relevant factors in the case may result in deference to a different forum and jurisdiction.
The Delaware Certificate of Adoption of Transparency and Sustainability Standards
The marketplace needs information about whether a company is committed to sustainability, and, if so, what they are doing about it. Delaware’s Certificate of Adoption of Transparency and Sustainability Standards attempts to provide that information.
What to do now if you want to sell your company
Before starting the process of soliciting potential buyers, how does a company prepare for a sale so it is best positioned for a positive outcome?
New Jersey clarifies surrogacy laws 30 years after Baby M
On 30 May 2018, Governor Phil Murphy signed into law the ‘New Jersey Gestational Carrier Agreement’, PL 2018, c 18 (C9:17-60 et al). The new law authorises gestational carrier agreements under which a woman agrees to carry and give birth to a child with whom she has no genetic relationship and who is created using assisted reproduction on behalf of an intended parent.
The United States Tax Cuts and Jobs Act
The United States Tax Cuts and Jobs Act, signed into law by President Trump on 22 December 2017, created a so-called ‘transition tax’ on the earnings and profits of non-US corporations owned by US persons.
Editor's note - North American Regional Forum, April 2018
Mark I Dunaevsky provides an Editor's note for North American Regional Forum's March/April 2018 collection of articles.
Oil and gas reserves and resources: a hurdle to calculate damages in energy arbitrations? - North American Regional Forum
In international arbitration, the claimant aims to obtain relief for the wrong it has allegedly suffered. Damages in energy arbitrations are not always straightforward to calculate, determined on the basis of the company’s reserves and resources, which are difficult to measure. Marine de Bailleul examines the complexities surrounding this calculation.
Canada’s global CSR cop? The proposed Canadian ombudsperson for responsible enterprise - North American Regional Forum
On 17 January 2018, the Government of Canada announced the creation of an independent Canadian Ombudsperson for Responsible Enterprise, which will replace the existing Extractive Sector Corporate Social Responsibility Counsellor and marks a major shift in Canada’s approach to CSR norms and policies.
Caribbean citizenship programmes substantially reduce contribution amounts - North American Regional Forum, April 2018
Last October, the North American Regional Forum, among other Committees, hosted a panel discussion that honoured its title in a very peculiar manner. The panellists’ discussion led the participants to break intellectual walls, by making remarks that urged us to challenge assumptions we hold and, in the words of the panellist governor Gary Locke, understand that international trade is a cornerstone of our modern world.
New regulatory scheme for ‘inside-the-fence’ projects in Mexico: a tough taco to swallow - North American Regional Forum, April 2018
The Mexican electricity regulator has recently published a set of interpretation criteria that affects the regulatory aspects of inside-the-fence development projects in the country.
Class and collective actions in Austrian litigation - North American Regional Forum newsletter article, May 2015
In October 2014, the seasonal meeting of the New York State Bar Association’s International Section was held in Vienna, Austria. It explored the topic of ‘Rebuilding the Transatlantic Marketplace’. This article contribution summarises the author’s presentation on collective litigation in Austria in section I and on the potential of class arbitration in Europe in section II.
Arbitration under the Mexican energy reform - North American Regional Forum newsletter article, May 2015
Modern arbitration in Mexico commenced with the reforms to the Mexican Commercial Code in 1989 and with the incorporation of the UNCITRAL Model Law on International Commercial Arbitration in 1993. Since that date, project agreements with state entities such as Petróleos Mexicanos (PEMEX) and the Federal Electricity Commission (CFE) may be submitted to arbitration.
NLRB counsel’s position raises concerns among franchise operators - North American Regional Forum newsletter article, May 2015
A position taken by the general counsel of the US National Labor Relations Board (NLRB) could have a far reaching impact on US franchisors and raises concerns about the stability of the franchise business model.
Past is prologue: understanding what comes next in 2015 - North American Regional Forum newsletter article, May 2015
Argentina defaulted on its debt in 2001, but the legal drama pitting Argentina against the so-called ‘vulture funds’ continues to play out in US courts.
Argentina’s priority payment on its restructured sovereign debt - North American Regional Forum newsletter article, May 2015
Argentina’s external debt instruments have been a source of litigation before domestic and international courts since it defaulted on $100bn worth of sovereign bonds in 2001–2. The bonds were issued in accordance with a 1994 fiscal agency agreement but as a result of the default, Argentina restructured more than 90% of them through two bond exchanges in 2005 and 2010.
Do not attempt to interfere with potential whistleblowing, warns SEC - North American Regional Forum newsletter, May 2015
In 2014, Sean McKessy, Chief of the Office of the Whistleblower of the United States Securities and Exchange Commission (SEC), warned lawyers against using private contracts such as employment agreements to discourage potential whistleblowers from reporting alleged corporate misconduct to the SEC and other regulators.
Business Law International
Published by the IBA’s Legal Practice Division, Business Law International covers the latest developments in all areas of business law across the globe, from M&A to employment, competition to tax, offering rigorous comparative analysis of how the law affects business in different jurisdictions and across borders.
Competition Law International
Competition Law International is the journal of the Antitrust and Trade Law Section of the IBA. It provides an insight into international competition law issues with articles that are of practical interest. Published twice a year, the journal reaches over 1,400 competition law practitioners worldwide.