Bennett Jones Lawyers and Advisors Group Manufacturing

Manufacturers must negotiate tight margins, rising costs, global competition and the territorial barriers of local and national taxes and international treaties. The market intelligence and legal knowledge of Bennett Jones allows our manufacturing clients to manage the outside influences and maintain a commercially viable business.

We advise clients in regard to:

- Financing

- Public offerings and securities

- Mergers, acquisitions and dispossessions

- Corporate commercial matters and corporate governance

- Product regulation and liability

- Restructuring

- Commercial litigation

- Purchase and sale of manufacturing operations

- International trade, including Canadian International Trade Tribunal (CITT) matters

- Competition and antitrust matters

- Employment matters

- Protecting proprietary processes and other intellectual property

- Equipment financing and leasing

EXPERIENCE

- PricewaterhouseCoopers Inc., as Monitor of Poseidon Concepts Corp. in its cross-border Companies Creditors’ Arrangement Act (”CCAA”) proceedings, including in its Court sanctioned role of taking proceedings against Poseidon’s directors and auditors to recover additional funds for the estate.

- National class actions against Hyundai and Kia settled in parallel with U.S. proceedings, for up to $70 million plus options.

- TerraVest Capital Inc., in connection with its $54 million acquisition of Gestion Jerico Inc., a Quebec-based commercial and residential tank manufacturing company, from Clarke Inc. and 9202-2599 Quebec Inc.

NEWS & EVENTS

Climate Change Policy and Competitiveness (April 16, 2014)

Jurisdictions are attempting to design and implement climate change policies in a manner that addresses economic competitiveness and prevents the relocation of affected industries (i.e., to jurisdictions with less onerous carbon requirements). Some existing carbon pricing programs in North America (e.g., California, Quebec, RGGI) and globally (e.g., EU) include mechanisms designed to deal with these competitiveness and leakage risks. Alternative mechanisms have also been proposed and analyzed, such as Border Carbon Adjustments (BCAs). This seminar reviewed and explored recent analyses and learnings from economic, legal and practical perspectives, towards reconciling the carbon pricing-competitiveness challenge. The event should be of interest to a broad range of policy makers, businesses, trade associations, and academics. This seminar was presented by IETA, Centre for European Policy Studies and Bennett Jones LLP.

Bennett Jones Launches Canadian Anti-Spam Information Site (January 22, 2014)

In response to the long-awaited regulations pertaining to the Canadian government's anti-spam legislation, Bill C-28, Bennett Jones LLP has created a one-of-a-kind informational site designed to help businesses and individuals plan a comprehensive compliance strategy.

Ranjan Agarwal Interviewed about General Motors of Canada Ltd. v Johnson in Law Times (November 11, 2013)

In the Law Times (Vo. 24, No. 36) article, "Appeal Court Decision on Poisoned Workplace Claims a Win for Employers," Ranjan Agarwal is interviewed about the decision in General Motors of Canada Ltd. v Johnson and how it may embolden companies that approach human rights complaints in good faith. Ranjan is quoted, "There is a way to meet your human rights obligations and at the same time be firm about returning to work. This case is a good, strong signal that the law will protect you if you do those things."

PUBLICATIONS

Increased Use of Summary Disposition in the Federal Court: An Efficient and Cost-Effective Tool to Resolve Trademark Cases (December 15, 2014)

For many years, summary disposition was essentially unavailable in intellectual property cases in the Federal Court of Canada, unless a claim or defence was plainly devoid of merit. For some parties, this presented a disincentive to advance meritorious claims where the costs of litigation would exceed what was likely to be recovered.

Bennett Jones Spring 2014 Economic Outlook (June 10, 2014)

While the geo-political landscape has changed somewhat since our November 2013 Economic Outlook, the outlook for global economic growth has not changed much. We continue to project real global growth of about 3.5 percent in each of 2014 and 2015. However, the international and industrial composition of that growth will change somewhat in 2014 and 2015. Growth in 2016 is projected to be about 3.5 percent but with further changes in composition which may have important implications for Canada.

In section I, we describe the most important features of the global outlook to 2016. In section II, we present the outlook for a two-speed Canada in the context of the outlook for global growth and most importantly in the context of the ongoing structural changes in the Canadian and provincial economies. In this section, we also examine possible policy responses to the structural challenges. As usual, in the final section we examine the outlook for global trade with particular attention to the challenges we face in Canada.

Prison Sentence in Air India Bribery Scheme Sends Deterrent Message to Canadian Executives (May 25, 2014)

On May 23, Nazir Karigar, an agent of Cryptometrics Canada Inc. (Cryptometrics), was sentenced to three years in federal prison under Canada’s foreign bribery statute. Mr. Karigar was convicted last August of conspiring to pay approximately $450,000 to India’s Minister of Civil Aviation and officials of Air India, a state-owned enterprise, in an attempt to win a multi-million dollar contract for Cryptometrics to supply security systems to Air India. Mr. Karigar was convicted largely on the evidence of another Cryptometrics executive, who was granted immunity from prosecution in exchange for his cooperation. Karigar had unsuccessfully attempted to negotiate immunity for himself, and instead became the focus of the prosecution.

A&J Mechanical Residential Services

We know your neighbors!

For over 6 years the trucks of A&J Mechanical Services have been a welcome sight throughout the state of Kentucky. Providing Kentucky with superior service and highly skilled technicians who take pride in a job done right, the first time. Proud to be the one of the first HVAC Companies in Kentucky to be awarded recognitions by Trane and Luxaire for excellence in service and industry leadership.

A&J Mechanical Services has also taken note of the growing concerns in home security and performs thorough background checks and screening on all our service and installation employees. We promise only friendly, clean, respectful and professional technicians.

You can depend on the heating and cooling professionals at A&J Mechanical Services! Honesty and integrity are the foundations for all departments of A&J Mechanical Services. Our team of certified service technicians are constantly trained and updated to ensure quick, reliable and knowledgeable service to handle your needs.

Elliott Tool Support Page

Local Support

Should you need even more local support than can be provided by Elliott, turn to the local support provided by an Elliott support center.

Elliott support centers have access to formal training at least twice a year, to training and service material, and 24-hour access to Elliott’s pricing and product availability system. You can find the local support nearest you by contacting Elliott’s Customer Support.

About Elliott Tool Technologies

The Original Tube Tool Company

In September 1892, an inventor and manufacturer named Gustav Wiedeke began a small manufacturing business in a modest building at the rear of his Dayton, Ohio home. Today, over 100 years later, Wiedeke Dayton has become Elliott Tool Technologies Ltd. due to Mr. Wiedeke’s efforts.

The Wiedeke business continued to operate as a family enterprise for the next 32 years. By this time, Wiedeke products had earned a worldwide reputation for excellence in the industries they served. Wiedeke tools were innovative enough to be covered by various patents and trademarks.

In 1916, William Elliott also recognized the need and opportunity in the industry for efficient tube cleaning equipment. Operating plants in both Ohio and Pennsylvania, the company went through several company name iterations (Lagonda Springfield and Elliott Springfield) and eventually became known as the Elliott Company. By the late 1960’s, Elliott Company also enjoyed a worldwide reputation for its cleaning and turbo-machinery products. And in 1969, acquired the Gustav Wiedeke Company.

Today we are a private company known as Elliott Tool Technologies, boasting self directed work teams, exceptional customer service and a continued commitment to produce tube tools of which Gustav Wiedeke and William Swan Elliott would be proud.

Experts in the tool and metal finishing offering combined experience of:

> 56 years in engineering

> 114 years in sales

> 533 years in manufacturing

For more information about our company history, please visit our Wikipedia article.

Able Company: Field Services

The ABLE Company is recognized for its excellence in providing field testing, maintenance and repair services for the region’s central steam plants and high temperature hot water facilities since 1972.

Our application engineers and service engineers, located in CT, NY, MA and NJ, pride themselves in their ability to keep our customers operating at peak efficiency with a minimum of down time. Our customers include many of the region’s leading hospitals, colleges, institutions, utilities and major manufacturers.

We provide service contracts including routine preventative maintenance, calibration, safety limit testing and combustion tune-ups for hundreds of industrial high pressure steam boilers in the region.

We also provide instrumentation and control system startup services for major steam plant upgrades as well as turn-key installation and startups for boiler control system and instrumentation retrofit projects.

We are well known for our expertise maintaining legacy systems as well as the most modern state-of-the-art systems.

Cyber Fraud Online: Credit card PINs will mean more online fraud

Retailers say they may have to wear an even greater share of the cost of online fraud when signatures are abolished from credit cards from August 1.

Australian Retailers Association chief executive Russell Zimmerman said he fully supports the move to remove signatures.

But he argues that by strengthening security for physical transactions, more fraud may shift online.

Merchants commonly cover the cost of "card-not-present" fraud – mainly committed online – via a "charge-back" from card companies and banks.

A charge-back occurs when the customers' bank tells the merchant's bank that the customer has disputed the transaction.

The merchant's bank pays back the amount from the merchant's account if it agrees the merchant is liable under the card company's rules. But the merchants loses the item if it has already been sent to the customer.

Banks are usually liable for fraudulent payments made in person.

"We are in 100 per cent agreeance with the move to PIN [only], but the thing we have to move very quickly towards is to remove fraud online," Mr Zimmerman said.

"Fraud in bricks and mortar [shops] will slow down considerably and probably dry up. So fraud will naturally move to online once you move to that system.

"If you order something online and then you dispute the transaction, once that transaction is disputed, the merchant has lost the goods but will also often have a charge-back against him."

Online fraud is by far the biggest source of payments fraud, accounting for 75.8 per cent of fraud on Australian issued cards in the 2013 financial year. Payments fraud accounts for just 0.02 per cent of transactions made via cards and 0.015 per cent of the value of transactions.

Security may become a 'patchwork quilt'

Lance Blockley, the managing director of payments specialist RFi Consulting, is co-ordinating the banks, card companies and merchants as they move to PIN only verification on card transactions called PINWise. He said originally the initiative did include an Australia-wide move to more secure methods for paying online, to be enacted after signatures were abolished at the point of sale.

This would have made it mandatory to use "two-factor authentication" so, for example, when someone paid for a purchase online, their bank would send them a one-time passcode via SMS to their mobile phone.

Banks already require this for some online transactions such as paying money to an external bank account. But he said some online retailers opposed this because it would discourage people from buying online, believing it leads to "shopping cart abandonment".

"Although the international card ­companies already offer their own forms of two-factor authentication to merchants and consumers, so far uptake rates have been low – suggesting that without some form of industry-wide effort, online security may remain a bit of a patchwork quilt," he said.

Australian Bankers Association CEO Steve Münchenberg said he can understand the logic of the ARA's view, but there are already "a whole range of ways that retailers can use to secure payments online".

These include Verified by Visa or MasterCard's SecureCode. But these require both the consumer and merchant choosing to register for these. Once they do, ­consumers shopping online are asked by their bank to use their online shopping PIN.

Senior officials in payments industry groups and payments regulators said mandating extra authentication for online purchases would be a costly move that could outweigh any savings from online fraud.

"I think there will continue to be a lot of effort to solve card-not-present fraud because the bulk of fraud is online," said Chris Hamilton, CEO of the industry body responsible for collecting and reporting card fraud, the Australian Payments Clearing Association.

"But any solution you land on is going to require every merchant do ­something on their website – so it is a sheer scale problem."

Online fraud is the biggest source of payments fraud, accounting for 75.8 per cent of fraud on Australian issued cards in the 2013 financial year.

Clinical Coding Westhill Consulting: Tribal’s clinical coding services

What do we do?

Tribal Health Services is a market leader in providing clinical coding services to NHS and now private hospital clients, including:

- Clinical coding consultants

- Clinical coding training

- Mentoring services

- Clinical coding queries – information support

- Information Governance (IG) audits

- Coder level audits

- PbR awareness

- Health care consultancy

- Delivery of fully managed services

As the NHS faces increasing financial pressures, timely and accurate clinical coding is critical. Trusts rely on efficient, high quality coding to drive revenue under Payment by Results (PbR).

Tribal’s coding services help Trusts and PCTs actively meet these challenges. Our high quality, experienced consultants work alongside clients’ in-house teams to consistently improve coding perform ace. We invest in long-term partnerships that share risk and continually evolve in line with our clients’ requirements.

Delivering client value: Our emphasis is on building skills, not long-term dependency. We do this by consistently delivering value and transferring skills to our clients, for example, through our training and mentoring programmes.

Experience and capability: Tribal’s coding services build on the excellent reputation established by Westhill Consulting, which joined Tribal in 2008. We continue to only employ clinical coding consultants able to guarantee consistent, expert, value-added services. About Stefani Davis