Sentences with phrase «drafting clauses in»

Before you start drafting clauses in bylaw - speak, talk through and write down in plain English what you're trying to accomplish.

Danny Alexander, chief secretary to the treasury, announced the draft clauses in Edinburgh and described them as «the faithful fulfilment of the Smith commission» — the all - party group set up in the aftermath of September's independence referendum to fast - track further powers to Scotland.

Not exact matches

So when the bill was signed into law in April, lawmakers drafted up a clause, «Title II,» which would lift the ban on «general solicitation» — the legal hurdle that had prevented this sort of crowdfunding in the past.

First Minister Nicola Sturgeon has been arguing that the draft clauses do not provide «a general power to create new benefits in devolved areas as was promised by the Smith Commission and gives the UK government effective veto over changes to universal credit, including bedroom tax.»

A New York state assemblyman from Orange County in the Hudson Valley is drafting legislation to repeal a clause in the new tuition - free pubic college program for middle - class students.

Giving evidence to the joint committee on the draft House of Lords reform bill, Dr Rowan Williams suggested a particular clause be dropped so that women bishops would not have to wait «until 2025 or something» before they were eligible for a seat in the upper house.

A grandfather clause is supposedly in the process of being drafted but, according to officials, it would be for a limited time period.

Though the secession clause that this column has argued for was inserted into the second draft and remained in the final text, the zombies who have replaced the diplomatic negotiators of...

Nowak a draft abstract for the community solar session, which was nearly identical to the above description that ended up in the NARUC program, though the final abstract cut a few of Stipnieks» clauses.

EEI's Elizabeth Stipnieks, Managing Director for State Regulatory Affairs, sent Nowak a draft abstract for the community solar session, which was nearly identical to the above description that ended up in the NARUC program, though the final abstract cut a few of Stipnieks» clauses.

In other words, can you comment on these drafts without agreeing to the confidentiality clauses?

So if someone is drafting a clause that excludes their liability in very general terms, it is wise to ensure it is brought prominently to the notice of the other party.

The Court of Appeal largely accepted a revised form of order drafted by the Respondent to address these concerns, adding that a clause must be included permitting the Appellant to appear at any court in the province, in a criminal proceeding, in response to any process requiring him to appear, without having to contact the sheriff's office first.

This demonstrates the need for very careful drafting in any sporting rights clause or document.

Employers can mitigate their risk by limiting what they say (as Urban Systems appeared to do in this case) and by drafting employment contracts containing clear «entire agreement» and termination clauses.

As reflected in the travaux préparatoires, article XIV was originally drafted in almost identical wording as a second paragraph of the then article X addressing the rights and duties of federal or non-unitary contracting states (now article XI).1390 As drafted at the time, this proposed reciprocity provision did not meet unanimous approval, as some delegations wished to clarify that it would only apply to federal states.1391 It was not until the United Nations Conference on International Commercial Arbitration convened for the preparation and adoption of the Convention that the representative for Norway proposed an amendment for a general reciprocity clause that would stand as a separate article.1392 A majority of the delegates accepted this amendment on the very last day of the Conference.

In response to a letter before action sent to the Legal Aid Agency by Tuckers and others, the LAA have responded to the effect that they will engage in discussions with regards revising the scope of the controversial «embarrassment clause» which was contained in the draft 2016 Criminal Legal Aid contracIn response to a letter before action sent to the Legal Aid Agency by Tuckers and others, the LAA have responded to the effect that they will engage in discussions with regards revising the scope of the controversial «embarrassment clause» which was contained in the draft 2016 Criminal Legal Aid contracin discussions with regards revising the scope of the controversial «embarrassment clause» which was contained in the draft 2016 Criminal Legal Aid contracin the draft 2016 Criminal Legal Aid contract.

The new Bloomberg BNA product includes Draft Analyzer, a patented technology that helps attorneys find precedents, provides language for agreements and compare documents; Deal Analytics, which enables attorneys to search Bloomberg LP data for public and private mergers and acquisitions, filtering them by size, industry, advisers, fees and other criteria; and In Practice, a set of checklists, timelines, sample forms and clauses to guide attorneys through the transaction process.

PLC has a number of forms that provide example clauses as well as expert drafting notes that can help in the creation of important transactional documents.

The new tool provides parties with the AAA's standard arbitration agreement, in addition to an array of options parties may consider when drafting ADR clauses, including specifying the number of arbitrators; arbitrator qualifications; locale -LSB-...]

The advantage of this approach is that, once you have settled on the standard wording of your various boilerplate clauses, the task of those drafting subsequent agreements will be easier, as they will already have the framework in place and will need to focus only on the substantive clauses that are unique to their particular agreement.

While employers are encouraged to draft more precise probationary clauses for employment agreements, this case affirms that the term «probation» has a well - established meaning that permits an employer to terminate an employee without reasonable notice after making a good faith assessment about his or her suitability for a position where a probationary clause has been included in the employment contract.

If SMEs in five different practice areas prepare precedents in each of their specialties, you will likely find that common clauses are drafted differently.

However, in striking a balance between the indications given by the language and the practical implications of competing constructions, the court must consider the quality of the drafting of the clause.

The Court used its decision in Wood to signal to employers that first and foremost, termination clauses need to be drafted so that they comply with the ESA.

Allowing a voluntary payment to an employee that complies with the ESA to cure what would otherwise be an unenforceable termination clause does little to incentivize proper drafting in the first place.

This is an area where the importance of careful drafting comes in — whether a clause removes the right of appeal and on what issues is a question of interpretation.

It seems that now, in light of Lounani and the extension of the exclusion clause, it is increasingly the case that asylum law is also being drafted into the service of global counter-terrorism efforts.

The Tenant and the Tenant's real estate agent do not recall this clause in the earlier drafts of the lease agreement.

The judge said that the Mr Harris: ``... in the course of discharging his duties as a reasonably competent conveyancing solicitor, should have considered whether it was appropriate to include a «call - in» clause», and, accordingly, should have amended the draft contract supplied by the vendor, by introducing such a provision.

Shorter may, in fact, be better when drafting: Going into extra innings (i.e., an all - inclusive clause) can be dangerous without a full roster (words like «benefits,» «severance pay,» etc.).

The judge found that had Mr Harris given appropriate advice to Cs they would have instructed Mr Harris to seek to insert a «call - in» clause in the draft contract, no matter how minimal the risk of a third party application for judicial review would be, as there would have been no reason for Cs not to seek to protect themselves against such risk.

Andrea Sanche of Ricketts Harris LLP in Toronto cautions that Oudin and Wood teach us that «less may really be more provided an employer has not overtly attempted to contract out of the ESA through a poorly drafted «all - inclusive» clause.

While the ruling in Wood is not a clear «win» for employers, it is helpful in that Ontario employers now have much needed guidance on the language necessary to draft enforceable termination clauses.

Having outlined some of the major enforceability issues, stay tuned for our next post, in which we will discuss some important considerations when drafting arbitration clauses.

On the corporate side, Coombe sees a marked increase in the drafting of mediation and arbitration clauses for employment contracts, joint venture agreement, licensing agreement and other deals.

Employers should ensure that any arbitration clauses in their employment agreements are properly drafted and presented.

Compare and evaluate key clauses in a draft contract against a company's benchmarks or «market practice.»

The members, all litigators with ADR experience, help others in the firm look for ADR opportunities in work coming to the litigation department and advise non-litigators on drafting mediation and arbitration clauses into agreements.

The ESA aims to protect employees that are unaware of their employment rights and the court seeks to interpret these clauses in ways that encourage employers to draft clauses that comply with minimal standards.

There is a risk that where green clauses are put forward in draft leases, they may be struck down as unacceptable (because unfamiliar) by the other side.

So, for example, it should ensure that standard lease clauses are drafted in a way that enables the parties to fulfil their obligations in the most environmentally appropriate manner.

• The changing nature of the law means that lawyers must remain flexible in their drafting of wills, trusts and other documents; they require many additional clauses to ensure their smooth adaptation to shifting regulations.

I'll let you find out for yourselves exactly what's on offer, but here's the gist of it, according to Bloomberg BNA: The new Bloomberg BNA product includes Draft Analyzer, a patented technology that helps attorneys find precedents, provides language for agreements and compare documents; Deal Analytics, which enables attorneys to search Bloomberg LP data for public and private mergers and acquisitions, filtering them by size, industry, advisers, fees and other criteria; and In Practice, a set of checklists, timelines, sample forms and clauses to guide attorneys through the transaction process.

This week the Supreme Court handed down judgment in R (Public Law Project) v Lord Chancellor, in which it unanimously concluded that the proposed restriction of legal aid on grounds of residence under the draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014 was ultra vires the Henry VIII clause in the enabling Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Still, as such clauses are not prohibited they can be included as a good family lawyer will draft a marriage contract in such a way as to ensure that the rest of the contract survives, even if the lifestyle clause does not.

Given the significance of termination and restrictive covenant clauses it is advisable that employers ensure that clauses in their employment contracts are not only clearly drafted but will be enforceable in the jurisdiction (i.e. Ontario) where the employee will be working.

Approximately 30 % of termination clauses in Ontario have not been properly drafted and, therefore, will not be enforced by a court allowing the dismissed employee to claim a much larger severance package.

Employers who wish to limit their exposure to longer notice periods for skilled, short service employees should ensure that they have well - drafted termination clauses in place, and consider a provision allowing for restrictive covenants to be waived when their harm outweighs their benefit.

If a clause is ambiguous, a court will construe the clause in favour of the party that did not draft it.