Fox Rothschild LLP (LexBlog Canada)

27 results for Fox Rothschild LLP (LexBlog Canada)

  • Are You Using Dashcams to Monitor Employees and Customers? Be Careful.

    If you are using dashcams to monitor employees and customers, you need to be careful. A recent finding from the Office of the Privacy Commissioner of Canada offers good guidance, not only for companies operating in the Great White North but in the United States as well. (Think CPRA, CPA, UCPA, VCDPA and CTDPA.) Here...

  • Gaffers, Grips Going, Gone as IATSE Threatens Walkout

    We are not out of the woods yet. Just as Hollywood was coping with the early effects of the pandemic, it barely avoided a Writers Guild strike. After a long year of extensive shutdowns, things just seemed to be getting back on track after unions and management hashed out COVID protocols for productions to follow....

  • Canada’s Privacy Commissioner on Weaknesses of CPPA Privacy Legislation

    “Canada Privacy Commissioner Daniel Therrien said key parts of the proposed Consumer Privacy Protection Act (CPPA, also known as Bill C-11) won’t increase consumers’ control over their data. He suggested quick and effective remedies for violating the law and encouraged innovation. “[The CPPA “leaves out an important facet of our current legislation, the idea that...

  • Canada Admits COVID-19 Contact Tracing App Does Not Guarantee 100% Anonymity

    Canada’s privacy regulator is admitting the government’s contract tracing app can’t provide a 100% guarantee of anonymity. “True anonymity, technically speaking, would require the complete and permanent impossibility of reversing the data processes at play, which could reveal sources of personal information and so re-identify individuals,” says Vito Pilieci, spokesman for Canada Privacy...

  • COVID-19 Update: Travel Restrictions with Canada and Mexico

    The U.S. Department of Homeland Security (DHS) announced an extension of restrictions limiting non-essential travel at U.S. land ports of entry with Canada and Mexico for an additional 30 days. The government indicates the travel restrictions have been successful in reducing the spread of COVID-19 while still maintaining essential trade and travel. The travel restrictions,...

  • Don’t Blame Privacy: Canadian Province Issues Guidance for Health Emergency Communications

    The Newfoundland and Labrador Province of Canada has issued guidance on communicating in a health emergency. Emergencies do not supplant the need for privacy but they do impact it. While privacy should still be protected where possible, the need for complete and accurate information flow in a crisis is critical. What to Collect In general,...

  • British Columbia Updates Privacy Law in Response to COVID-19 Outbreak

    British Columbia, Canada has updated its privacy law in response to COVID-19. British Columbia has temporarily modified its access to information and privacy act in response to COVID-19, lifting a requirement that personal data must be stored in Canada. The province says the pandemic requires those who work for public bodies, such as health-care workers...

  • USMCA…maybe next year?

    Now that Canadian PM Justin Trudeau has dissolved Parliament and called for a general election (to be held October 21), chances of seeing the USMCA ratified by all three member states this year has become an increasingly remote possibility. However, the good news for USMCA supporters is that NAFTA’s replacement continues to enjoy support in...

  • Canadian Province’s Privacy Commission Suggests Cannabis Dispensaries be Subject to Health Data Privacy Law

    It’s high time for privacy regulation? The information and privacy commissioner of Saskatchewan, Canada, is proposing cannabis dispensaries be subject to the Health Information Protection Act (HIPA). “The recommendation suggests that under HIPA — which regulates collection, storage, use and disclosure of personal health information and access to personal health information — the term ‘trustee’...

  • Canada’s New Trademark Laws

    Earlier this month, the Canadian Intellectual Property Office (“CIPO”) published a new set of Trademark Regulations and announced that amendments to Canada’s trademark laws will go into effect on June 17, 2019.  The CIPO’s website describes the regulatory initiative as “accession to trademark treaties and modernization of Canada’s trademark regime.”  As summarized by the Canadian Trademark Blog,...

  • Tax Court Denies Treaty Benefit to Canadian Post–Doctoral Fellow

    In a case of first impression, the Tax Court held that the U.S.–Canada Tax Treaty (Treaty) did not exempt a Canadian citizen from U.S. income tax on the unemployment compensation she received from the State of Ohio. Pei Fang Guo v. Commissioner, 149 T.C. No. 14. The taxpayer came to the U.S. in 2010 as...

  • ICE Levies Largest Settlement Ever: Asplundh Tree Expert Co To Pay $95 Million

    Asplundh Tree Expert Co., one of the largest privately owned corporations in the country, with 30,000 employees and 3.5 billion in annual sales, according to Forbes, has been ordered to pay $95 million in the largest fine against a company for hiring thousands of immigrants who did not have permission to work in the U.S.,...

  • Renegotiation of NAFTA Can Start This Week

    President Trump can officially begin renegotiating NAFTA tomorrow, August 16th. The negotiation process can only start 90 days after President Trump officially notified Congress of this intention, which took place on May 18th. The North American Free Trade Agreement (NAFTA) became law in 1994. NAFTA is a comprehensive trade agreement that sets the rules of...

  • Canada’s Horrible Anti-Spam Law Almost Got Even More Horrible

    As many Canadians, as well as foreign companies doing business in Canada, now know, the cornerstone of Canada’s Anti-Spam Law (CASL) is a general prohibition against sending any “commercial electronic message” without the prior express or implied consent of the recipient. A “commercial electronic message ” or “CEM” is broadly understood as any electronic message...

  • Here’s What You Need to Know about British Columbia’s New Franchise Law

    Contributed by Judy Rost and Ryan Howe* On February 1, 2017, the Franchises Act S.B.C. 2015, c. 35 (the “Act”) came into force in the province of British Columbia, Canada. What this means for franchising in British Columbia: The most important implication for franchisors with operations in British Columbia (“BC”) will be the franchise disclosure...

  • Modular Space Corporation Files for Chapter 11 Bankruptcy Protection

    On December 21, 2016, Modular Space Corporation and its affiliated entities (“Modular Space” or the “Debtors”) filed for bankruptcy protection in the U.S. and Canada, to implement a plan to rework its $1 billion load of long-term debt.  Modular Space will continue its operations during what the restructuring. Modular Space makes, leases and sells office...

  • Traveling to Canada? Be aware of new rules!

    The Canada Border Services Agency (“CBSA”) issued a message on May 10, 2016 to all Legal Permanent Residents (“LPRs”) of the U.S. traveling to Canada by air.  CBSA advised that changes to entry requirements are now in effect. Below are the highlights: Electronic Travel Authorization (“eTA”) is a new Canadian entry requirement for visa-exempt foreign...

  • Investing With Our Neighbors to the North

    Canada has seen some recent success in having its venture-backed companies progress through IPO, and total venture capital invested in Canadian companies has doubled over the past 5 years.  As U.S.-based investors look across the border for investment opportunities involving Canadian technology companies, they should be aware of some key differences between U.S. and Canadian...

  • Stay Tuned: Fox Rothschild hosts panel discussion “Venturing into 2016 with Equity Crowdfunding”

    Montréal, QC, Canada; Thursday, April 7, 2:30pm Title III Equity Crowdfunding goes live in May 2016.  As co-chairs of the ABA’s Angel Venture Capital Subcommittee, Fox Rothschild attorneys Emily J. Yukich and Matthew R. Kittay will host a panel conversation featuring Amos J. Richards, General Counsel of leading equity crowdfunding platform EquityNet, alongside former SEC  Division...

  • Lessons Learned from Animal Quarantines – Understanding Ebola Quarantines

    People concerned about the ebola quarantines of health workers returning from Africa might be interested in how quarantines issued during animal disease outbreaks have helped save lives. In 2006, while I was the N.J. State Veterinarian, two seemingly healthy asymptomatic horses were transported to Monmouth Park, a racetrack in New Jersey, from Canada. No one knew at the time of...

  • Can An Employer Prohibit Body Piercing? Depends

    Tattoos, body piercings, dreadlocks – can an employer prohibit such bodily adornments?  Can an employer require a “look policy?” Depends. We just read about a woman in Edmonton, Canada who has 22 visible body piercings and claims that employer dress codes discriminate against her, and that “one prospective employer threw out her résumé in front...

  • A View Of Age Discrimination In Canada

    The Toronto Globe and Mail published a short article about age discrimination in Canada, cases of which are on the rise (as they are in the US).  “With mandatory retirement for most workers gone, coupled with a demographic bulge and low returns on fixed-income investments, more older workers are putting off retirement and staying in...

  • “Charter of Quebec Values” Aims To Forbid Religious Garb And Symbols In Effort To “Remove Quebec From Canada”

    In a fascinating but disturbing story, The New York Times reports today that as part of “a so-called Charter of Quebec Values,” Quebec’s governing Parti Québécois “plans to forbid government employees to wear ‘overt and conspicuous’ religious symbols while on the job. Everyone from judges to teachers would have to doff their hijabs, kippas, niqabs,...

  • “Mental Health Issues In The Workplace:” Report From Canada

    Canadian attorneys Dan Black and Karen Bock presented a report at the annual Davis LLP Toronto Employment and Labour Law Conference on May 10, 2013, which does a great job of examining the changing workplace environment, the role and effect of stress in the workplace, and the laws which apply to such issues. Noting that...

  • Memorial Day Travels to or from Canada? Be Prepared with Proper Documents.

    CBP reminder to have proper travel documents at the Canadian border, especially during the upcoming holidays

  • You May Be Able to Utilize Alternative Service in Securities Actions

    In an interesting decision arsing out of a securities fraud action, plaintiffs were allowed to serve a non-American defendant corporation’s chief executive officer – a citizen of Canada – by alternative means.  See In re GLG Life Tech Corp. Securities Litigation, S.D.N.Y., 11 Civ. 09150 (KB) (GWG), 11/9/12. The court indicated such service would provide notice to...

  • Nortel Files Bankruptcy In Delaware and Seeks Similar Relief From Creditors in Canada

    Introduction On January 14, 2009,  Nortel Networks Inc. filed for bankruptcy in United States Bankruptcy Court for the District of Delaware.  On the same day that Nortel filed in Delaware,  its parent, Nortel Networks Corporation, along with various Canadian affiliates, filed an application with the Ontario Superior Court of Justice seeking relief from creditors.  As...

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