Canada: Executive Loses Incentive Comp Upon Resignation – Contract Enforceable, Court Finds No Restraint On Trade

The Ontario Superior Court of Justice upheld a contract that forced an employee to forfeit restricted shares upon resignation in Levinsky v The Toronto-Dominion Bank.

The Plaintiff, a Vice President and Managing Director at the bank, participated in the bank’s Long Term Compensation Plan. The Plan granted the Plaintiff Restricted Share Units each year. Under the Plan, shares that had not yet matured would be forfeited upon resignation. The Plaintiff resigned in 2010, and accordingly, […]

By | October 13th, 2014 ||

United States: OFCCP Issues New Scheduling Letter And Itemized Listing – Federal Contractors Must Act Quickly To Ensure Compliance

Executive Summary:  On September 30, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice in the Federal Register announcing a newly approved Scheduling Letter and Itemized Listing.  The Itemized Listing, used in conjunction with the Scheduling Letter, identifies the documents and information that contractors must provide at the onset of the desk audit phase of an OFCCP compliance evaluation for non-construction supply or service federal contractors.

The new OFCCP Scheduling Letter and […]

By | October 13th, 2014 ||

Canada: Alberta’s PIPA Scheduled To Lapse On November 15, 2014

On November 15, 2013, the Supreme Court of Canada found Alberta’s Personal Information Protection Act (PIPA) to be invalid and gave Alberta’s Legislature 12 months to make it constitutional.1

To date, no amendments to PIPA have been tabled by the Alberta government and the next session of the Alberta Legislature has been delayed until November 17, 2014.

On September 22, 2014, Alberta’s Information and Privacy Commissioner wrote an open letter to Alberta’s Premier, the Minister of […]

By | October 11th, 2014 ||