Lawson Lundell LLP
In the fall of 2015, the well-known corporate lawyer Martin Lipton issued a paper entitled Will a New Paradigm for Corporate Governance Bring Peace to the Thirty Years War.
McCarthy Tétrault LLP
Very soon, an Alberta corporation will no longer be required to have any Canadian citizens on its board of directors. In addition, director resident information will no longer be collected.
Torys LLP
Legal proceedings related to environmental, social, and governance (ESG) issues are increasingly common in Canada, the United States, and elsewhere.
Miller Thomson LLP
Charitable remainder trusts have been popular in the U.S. for some time but not as widely used in Canada as a result of differences in our tax regime
Highlights
The New York Senate and Assembly recently introduced respective
bills that would preclude the owners of cooperatives, condominiums,
hotels and rental buildings from being able to evict a tenant,
subtenant, or someone without a lease or other occupancy agreement
(broadly defined as a tenant ) unless the landlord can
demonstrate good cause for the eviction.
If enacted, the bills would fundamentally change how someone
owning real estate could treat an occupant of space regardless of
whether the occupant had a legal right to occupy the space, which
would seriously damage the economic viability of residential real
estate including cooperatives, condominiums apartment houses and
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In a case just handed down a few days ago by the United States
District Court, Eastern District of Texas,
Terkel et
al. v. Center for Disease Control and Prevention et
al. No. 6:20 -cv- 00564 (2021), it was determined
that Article I of the U.S. Constitution does not grant, within the
federal government s regulation of commerce, the right to
prohibit residential evictions. It was determined that such power
rests with the States, under a State s police power. The
primary issue in the case was whether the CDC Order prohibiting
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This timeline sets out the key legal and market developments
expected in the commercial real estate sector during 2021.
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get in touch with your usual Mayer Brown contact or one of the blog
editors.
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It is well known that a security of payment adjudication decision can be challenged in Court for jurisdictional error. This article looks at what needs to be proven in order to prevent an adjudication decision being enforced before the Court makes its determination.
The recent Supreme Court decision in
Karam Group Pty Ltd v Earthmoving Contractors Pty Ltd deals with the common circumstance where an interim injunction is sought while an alleged jurisdictional error of an adjudicator is determined by the Court. The case deals with whether or not recent views of the High Court preclude an injunction so that money would flow regardless, leaving a respondent to bear the risk of non-repayment should it ultimately be successful in its challenge of the decision.