Against the background of the widespread failure of states to address the climate crisis, litigation is increasingly seen as a key tool for shaking public authorities into action (e.g., Eckes 2021; KlimaSeniorinnen, paras 412, 420-422). Showing that they have standing, however, is one of the most difficult hurdles for litigants to overcome when turning to…
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care. Trending in the past two weeks: Community health Interstate compacts Teledentistry A CLOSER LOOK Finalized Legislation & Rulemaking: The Illinois governor signed into…
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The Advocate-General’s opinion in the Kwantum v. Vitra referral is remarkable in several ways. The case concerns the protection under Dutch copyright of the iconic “DSW” chair designed by American designers Charles and Ray Eames. Kwantum, a popular low-budget furniture store chain, sold copies of the chair without rightholder Vitra’s permission. Before the Dutch courts…
Read More “Silence can be as explicit as words. The AG’s Opinion in Kwantum v. Vitra” »
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On December 26, 2023, the Department of Defense (DoD) released the highly anticipated proposed rule for the Cybersecurity Maturity Model Certification Program (CMMC), a cybersecurity regulatory program that will likely impact most of the government contractor community. Every contractor who handles sensitive data such as Controlled Unclassified Information (CUI) or Federal Contract Information (FCI) during DoD contract…
The Appellate Division determined that the failure to provide “dollars and cents” proof of the inability to use a property for any permitted use required denial of a use variance. In Matter of Dean v. Town of Poland Zoning Board of Appeals, the owners of approximately 17 acres of land had agreed, subject to obtaining…
The BC government has announced new legislative changes aimed at strengthening depreciation reports for strata corporations, effective July 1, 2024. Impact on Strata Owners and Council Members Depreciation reports provide estimates of the long-term repair and replacement costs of a strata corporation’s shared property and assets. Previously, obtaining these reports could be deferred repeatedly as…
Read More “Navigating New Requirements and Implications for Strata Corporations and Developers” »
Administrative monetary penalties (AMPs) are one of several enforcement tools available to environmental regulators to incentivize compliance with environmental laws. Many federal and provincial statutes, including in British Columbia, allow regulators broad discretion to levy AMPs on persons who fail to comply with an environmental statute or authorization (e.g., a permit or environmental assessment certificate)….
While I take a lot of pride in helping property owners, landlords, and tenants with their real estate legal problems, I take equal pride in the cases I don’t accept. In many cases, it doesn’t make sense to hire a real estate lawyer, and I am upfront about such matters when meeting with prospective clients….
Read More “Don’t Hire Me! When Not to Hire a Real Estate Lawyer –” »
The recent decision from a conservative-leaning Supreme Court to find that the Civil Rights Act of 1964 includes protection based on sex for LGBT+ individuals in the context of employment was a surprising one. This case is not the end of the fight for LGBT+ rights. It is a milestone along the way. Justice Gorsuch,…
