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Articles

Accommodations, Accommodations, Accommodations: How to Determine What Is a Disability or Sincerely Held Religious Belief? (United States)

By Jackson Lewis P.C.

The pandemic triggered an increase in the number and types of requests for reasonable accommodation, particularly in connection with returning to the workplace, vaccinations, face coverings and remote work. Employers should have a process for handling potential exemption requests for any mandatory vaccination requirements and reasonable accommodation requests for disability or sincerely held religious beliefs as well as a process that complies with a dizzying array of dynamic state requirements.

Articles

COVID-19 Trends: Expecting the Unexpected — Where Have We Been and Where Are We Going? (United States)

By Jackson Lewis P.C.

Since the Spring of 2020, employers have faced enormous practical and legal challenges due to the COVID-19 pandemic. On top of navigating the practical realities of the evolving public health emergency and related regulatory guidance, employers have had to affirmatively respond to shifting legal obligations and balance human resources considerations. Employers must continue to monitor the public health and legal landscape, as well as related HR considerations.

Articles

Legal Transformation Truths: "Consultant Hesitancy"

By Trevor Faure, CEO, Smarter Law Solutions

The ACC-Smarter Law Solutions free benchmarking and consultation service (acc.com/smarterlaw) has proven to be a hit since its launch in 2019. While we are thrilled at the positive feedback we’ve received from our clients, we thought that it would be interesting to respond directly to a few widely held hesitancies expressed by those considering a basic benchmarking or performance improvement process. We gathered some of these questions and sent them to Smarter Law Solutions CEO, Trevor Faure for his candid counsel. We were particularly interested in his perspective on concerns about taking on a consultant agreement in these turbulent times for legal operations.

Articles

Top 10 Patent and Regulatory Things You Need to Know when Bringing a Biopharma Product to Canada

By Nancy Pei, Principal, Alice Tseng, Principal, Toronto Office and Daphne Lainson, Principal, Ottawa Office, Smart & Biggar LLP

Canada is an attractive market for pharmaceutical manufacturers. Most Canadian consumers have some form of drug coverage through government programs and/or private insurance. Below are ten patent and regulatory topics that in-house counsel need to know before bringing an innovative product to Canada.

Editor's note: This article was updated to reflect recent developments; the original version of this article was published on December 16, 2020.

Articles

Canada's New Linkage Litigation Scheme: A Comparison to Hatch-Waxman

By Nancy Pei, Partner, Smart & Biggar LLP and Brian Coggio, Fish & Richardson PC

The September 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations introduced a new scheme for pharmaceutical patent linkage litigation in Canada. That scheme is now much closer to the United States' (US) Hatch-Waxman scheme, but with remaining key differences that are explained in this chart.

Articles

Comparing Supplementary Protection Regimes Between Canada (CSPs) and The EU (SPCs)

By Nancy P. Pei, Partner, Smart & Biggar LLP, and Daniel Wise, Carpmaels & Ransford LLP

Amendments to the Canadian Patent Act and enactment of the Certificate of Supplementary Protection Regulations flowing from the Canada-European Union (EU) Comprehensive Economic and Trade Agreement introduced a new framework in Canada for the issuance of Certificates of Supplementary Protection (CSPs).

This chart compare key aspects of the two regimes, Canada's and the EU's.

Articles

10 Things You Need to Know about Life Sciences Patent Litigation in Canada

By Sheldon Hamilton, Principal, Smart & Biggar LLP, Barrister and Solicitor Patent and Trademark Agent, and Nancy Pei, Principal, Smart & Biggar LLP, Barrister and Solicitor Patent and Trademark Agent

Patented medicine regulations in Canada can be complex and the review process is fast-paced. In this Top Ten, in-house counsel will learn the essential points of how to prepare for the "Regulations" review. Editor's note: This article was updated to reflect recent developments; a prior version of this article was published on August 6, 2020.

Articles
Checklists
Sample Forms, Policies, and Contracts

Post-Acquisition Integration Handbook

By Baker & McKenzie LLP

A handbook regarding multinational business acquisition and integration. Key topics such as tax, corporate law, employment and compliance are considered and regional comparison tables summarize the main tax, employment and corporate aspects of integrations in more than 40 countries.

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