TWITCHELL TECH. PRODS., LLC v. MECHOSHADE SYS., LLC, 2024 NY Slip Op 1744 – NY: Appellate Div., 2nd Dept. 2024: “This appeal requires us to analyze the factors to consider when evaluating whether a restrictive covenant in an ordinary commercial contract is enforceable. Although there is a dearth of New York state case law on…
In a significant step towards enhancing the vitality of Francophone communities, Canada has announced the launch of the Francophone Minority Communities Student Pilot (FMCSP) program, which began on August 26, 2024. This initiative aims to attract French-speaking international students and immigrants, further enriching the linguistic, social, and economic landscape of Francophone minority communities (FMCs). The…
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We recently had a case whether the decedent worked for the United Nations, and as a condition of employment had to deposit wages into a New York bank account. Decedent died in Africa, and his children, all African citizens, could not retrieve this money – which had accumulated to a large sum over his many…
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In the blink of an eye, I am gearing up for my final semester of law school at the University of Ottawa, Faculty of Law. The past two and a half years have been incredible, challenging and rewarding. As I reflect on my law school experience, there are a few things I wish I had…
On March 11, 2024, an ICSID arbitral tribunal (Juan Fernández-Armesto (President), Wendy Miles, Alexis Mourre), rendered an award in Encavis AG and Others v. Italy. The controversy follows some other 14 disputes initiated by EU investors against the Italian State under the Energy Charter Treaty (“ECT”) (some of these discussed here) and falls into the…
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OASAS is also Anti-tobacco In New York if you are charged (not convicted) with any drinking or drugging DUI (DWI/DWAI drugs) then you will have to have a OASAS drug/alcohol assessment. This is no longer voluntary, this is a requirement of the times we live in. Every New York DWI judge now requires this before…
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On 12 April 2024, the Council adopted two key directives enhancing sanctions enforcement and implementation across the EU. The first directive on sanctions violations criminalisation (Directive (EU) 2018/1673) establishes an EU-wide definition of sanctions violation as a crime, setting minimum administrative and criminal penalties, while the second directive on asset recovery and confiscation lays down…
We previously reported on this case (at the Supreme Court Level) here. On appeal (Cordy Environmental Inc. v. Obsidian Energy Ltd., 2024 BCCA 226) the B.C. Court of Appeal has now reversed that decision, and clarified the law on recoverability of contractor costs under the Environmental Management Act, SBC 2003, c.3 (the “EMA”). In the decision below,…
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In our previous article on whistleblowers in NY we mentioned that “If an employee is fired for reporting a violation of law which creates and presents a specific danger to public health or safety, or is fired for refusing to participate in such an activity, then the employer may be exposed to a claim for…
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Overall, secession within the EU, triggers the repositioning of the relevant subject of EU law within the European constitutional landscape. This is why there has always been a question about how the EU may treat such constitutional events. For instance, Weiler has famously suggested that the EU should not and/or would not admit independent States…
