Civil Law | Judiciary.org

Anatomy of a fraud series – Powers afforded by search and imaging orders

Search orders

Search orders are a form of interim, mandatory injunction which require a respondent to allow the applicant’s representatives to enter the respondent’s premises and search for, copy and remove documents or material for the purpose of preserving evidence and/or property which is or may be subject to an action.

Search orders are, therefore, considered to be one of the most draconian orders a court can make, and particularly so as a respondent may be held in contempt of … Read the rest

Civil Law

For Limited Use Only: Guidance on National Security Delay Determinations under the SEC Cyber Reporting Rule

On December 12, 2023, the Department of Justice (“DOJ”) issued guidance related to the process by which companies may request the United States Attorney General authorize delays of cyber incident disclosures, pursuant to a new Securities and Exchange Commission (“SEC”) rule. As a reminder, the SEC rule (which went into effect on Dec. 18, 2023) requires companies to disclose material cyber incidents via Form 8-K within four days of making a materiality determination. Our colleagues previously discussed the SEC rule … Read the rest

Civil Law

Regulatory framework governing ‘foreign contributions’: Ambiguity leading to excessive stringency

The Foreign Contribution (Regulation) Act, 2010, and the rules framed thereunder regulate ‘foreign contribution’. This post examines how heightened policing calls for stringent compliance by entities receiving ‘foreign contribution’.

Evolving regulatory framework for ‘foreign contributions’

The first law to regulate ‘foreign contributions’ in India, the Foreign Contribution (Regulation) Act of 1976 (“Old Regime”), was passed during the Emergency to safeguard against the misuse of ‘foreign contributions’ for activities that may be detrimental to ‘national security’.[1] This was thereafter … Read the rest

Civil Law

COURT OF APPEAL SUMMARIES (January 8 – January 12)

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Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 8, 2024.

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In Zafar v Azeem, the mother’s appeal against a decision that ordered her three-year-old child to return to Pakistan, where the father claimed the child was habitually resident, was allowed. She successfully argued procedural unfairness due to the motion judge’s failure

… Read the rest

Civil Law

Department of Transportation (DOT) consumer protections – new rules to watch

As we begin the new year, the aviation industry is closely following certain Department of Transportation (DOT) Notices of Proposed Rulemakings (NPRM) published in 2022. These proposed rulemakings relate to consumer protections, including ancillary fees and airline ticket refunds. In contrast to the NPRM relating to ancillary fees, the NPRM relating to ticket refunds arguably codifies existing DOT enforcement practices.

Ancillary fees

In this alert, we focus on the NPRM relating to ancillary fees, a term used to describe charges … Read the rest

Civil Law

Federal Appeals Court Delivers Coup De Grace in Berkeley Attempt to Ban Natural Gas

On January 2, 2024, the U.S. Court of Appeals for the Ninth Circuit delivered a death blow to the City of Berkeley, California law attempting to ban natural gas, which the Court had last year found was preempted by federal law, with the action last week denying a petition to rehear the case.

While the procedural complexities of this case are more than a little daunting, and instead of reading the more than 60 page amended opinion, nearly everything important … Read the rest

Civil Law

Happy New Year. Here’s a GLAM on Implicit Support.

“Implicit support” comes charging out of the gates as an early candidate for Word or Phrase of the Year for 2024.

Before year’s end, the IRS Office of Chief Counsel dropped a new generic legal advice memorandum (“GLAM”), AM 2023-008, titled “Effect of Group Membership on Financial Transactions under Section 482 and Treas. Reg. § 1.482-2(a).” The GLAM visits some familiar territory, including the “realistic alternatives” principle, this time in the intracompany lending context.

Tax authorities and taxpayers, of course, … Read the rest

Civil Law

I will get a living trust as part of my new years resolution!

I have blogged about this many new years in the past and, here I am again, reminding you. Yes, I have my living trust in place but DO YOU? To me it seems very normal for people to say “I will get a living trust as part of my new years resolution!” The problem, like with many new year’s resolutions, is they don’t do it. Or maybe they meet with the estate planning attorney but don’t finish it. If you … Read the rest