Bloom Technical’s Post

🎉 Welcome back to Bloom Technical's SR&ED Academy! 🎉 Today we are going dive into an interesting SR&ED case that went all the way to Tax Court of Canada. In a landmark ruling, Canafric Inc., a pioneer in food manufacturing, successfully contested the CRA’s denial of their SR&ED claims for innovating frozen pie recipes (2013-2016). Their goal? To extend shelf life without preservatives, incorporate health-conscious ingredients, and ensure quality post-freezing. The CRA labeled their efforts as mere "trial and error" and criticized the lack of documentation. However, the Tax Court of Canada saw it differently, recognizing Canafric’s structured investigations and adjustments to meet client needs as valid SR&ED activities. This verdict emphasizes the importance of structured experimentation and diligent record-keeping in claiming SR&ED credits. A reminder to all in the R&D and tax credit space: innovation, coupled with meticulous documentation, is key to overcoming scrutiny. Let's celebrate Canafric’s victory as a step forward in recognizing the technological strides in food manufacturing! For more cases like this check out our blog at: https://buff.ly/3VcGMKR #SR&ED #Innovation #FoodTech #TaxCredits

Despite the tangled web of legal drama and strategic backpedaling, it seems Eat Just, Inc. Just might still cook up a break-even in 2024, proving that optimism can actually thrive amidst a storm of GOOD and BAD challenges. In the ongoing litigation between ABEC and GOOD Meat, a subsidiary of Eat Just, the court has dismissed requests for arbitration and a case stay, allowing the dispute to proceed. ABEC's claim centres on GOOD Meat's alleged failure to pay for the services provided. The company was deemed an undercapitalised "alter ego" of Eat Just by ABEC and faces serious allegations that the court found sufficiently credible to warrant further examination. These claims, however, remain unproven. ABEC's legal strategy involves a critical decision, as highlighted by Dale Giali: pursue a potentially insolvent defendant or opt for a lower settlement. Despite the legal entanglements, Eat Just remains optimistic about reaching a break-even point in 2024, maintaining silence on the ongoing case. The future of this litigation leans towards discovery and could include summary judgment motions or trial. Often complex and costly, these proceedings may push parties towards settlement negotiations. ABEC's involvement began with a contract to design and build large-scale bioreactors for GOOD Meat. Still, ABEC has terminated the agreement due to alleged financial breaches and is seeking compensation. Despite a project exceeding $1 billion, GOOD Meat's reported undercapitalisation raises significant concerns. Eat Just, having secured substantial funding, now rethinks its strategy for large-scale facilities, acknowledging financial sustainability issues. Founder Josh Tetrick's strategic shift from the initial plan for 250,000-liter bioreactors to a more economically feasible approach underscores Just That re-evaluation. Source: https://lnkd.in/eGb6ua82 WhatsApp update channel: https://lnkd.in/e2RV696F #cultivatedmeat #finance #business Elaine Watson AgFunder News

Contract Fusion Food. That's my personal term for a phenomenon you find quite often in markets such as the middle east. Let me explain: As you probably all know, there are certain differences in the fundamentals of for example Civil Law and Common Law. However due to the strong presence of consultants, lawyers etc. from the Anglo-American world (which are mostly common law jurisdictions) , and the tendency to recycle contract templates and processes, it is not uncommon that you will find for example contracts in the middle east (and being executed under local law) talking about "consideration" (a key aspect of common law contracts), eventhough this concept doesn't necessarily exists in the local law. Or you find passages about consequential damages or compounding interest, irrespective of the fact that the local law may prevent the enforcement of such provisions. Most of the times, this isn't necessarily a deal breaker. The contract draft will most likely be usable, so avoid spending time and red lining goodwill on topics that are more academic. Also keep in mind that the client probably paid a very significant fee to have this template drafted by british/american trained consultants, and telling him that its mostly a copy&paste job is probably not setting the right tone. Now what is more critical is the administration here. If your counterpart (the actual person) understands the issue, things should be manageable. Issues arise when the other aide of the table simply doesn't know about these intricacies and starts coming up with its own interpretation of what "consideration" means, whats the difference between "liquidated damages" vs "penalty" etc. #contractfusionfood #contractmanagement

Today we hosted Raewyn Bleakley & Michael Rudman to discuss Day 1 of the Grocery Supply Code. Similar to our 2-pager, the Commerce Commission has published this great fact sheet: https://lnkd.in/gMwvYyAP Other excellent useful CC guides (and there will be more) include: Misuse of Market Power: https://lnkd.in/ga5RmpQZ Misleading & deceptive conduct (FTA): https://lnkd.in/gQF7FaX5. Unsubstantiated representations: https://lnkd.in/gahSUF-p Unconscionable conduct https://lnkd.in/gFZ_MFBz Unfair Contract Terms (UCT's) - https://lnkd.in/gUtBVc42 "An amendment to the Fair Trading Act means that the rules now also cover standard form contracts between grocery suppliers and certain regulated grocery retailers; these are standard form contracts that form part of trading relationships with an actual or expected value of $1 million in any 12-month period (grocery supply contracts)." "We can apply to the court to have a term declared unfair and if a court decides the term is unfair, that part of the contract will not be legally binding on you. However, any person is able to apply to the court for a declaration that a term in a grocery supply contract is unfair." #grocery #supply #code of #conduct #competitionlaw #consumer #UCT #unfair #contract #terms #unconscionable #conduct #SMP #unilateral #market #power #unsubstantiated #representations #misleading #deceptive #conduct Danny Xie Andrew (Andy) Matthews Jane Matthews Dr. Duncan Webb Pierre van Heerden Carole InksterNew Zealand Food and Grocery Council (NZFGC) Mike Pretty

Halloumi's Courtroom Grill: The General Court dismisses an action brought against the registration of the name ‘Halloumi’ as a protected designation of origin. In April 2021, the European Commission approved the Cypriot cheese 'Halloumi'/'Hellim' as a protected cheese type, following a request from Cyprus. This means Halloumi has been recognised for its unique qualities, including its special taste and ability to not melt at high temperatures. It's typically made from sheep’s or goat’s milk, with or without cow’s milk. Papouis Dairies Ltd and others challenged this decision, asking the General Court of the European Union to overturn it. However, on February 21, 2024, the court upheld the decision, stating that the European Commission did not need to verify if the cheese met any existing national standards before granting it protected status. The court also found no issue with the proportion of different kinds of milk used in Halloumi, dismissing concerns that the cheese's description or its link to Cyprus might have been inaccurately represented. Additionally, the court noted that even if national courts later find issues with how the cheese is registered, it doesn't automatically mean the European Commission's decision to protect Halloumi is invalid. Closing remarks: In the end, the Halloumi case isn't just about cheese; it's about identity, culture, and the intricate ways law intertwines with our daily lives (and diets!). It is a reminder that sometimes the most meaningful legal battles are fought over the simplest of pleasures. Who knew cheese could be so legally complex?

📢 Legal Insight: Tawa Developments vs. Canada Revenue Agency (2015) 🏗️💡 This time we are going to explore a SR&ED case that didn't go in favour of the defendant. In a noteworthy case for the construction and development industry, Tawa Developments challenged the CRA over denied SR&ED claims related to their energy-efficient construction methods R&D. Tawa argued their innovative techniques involved technological advancements and uncertainties, making them eligible for SR&ED tax credits. However, the Tax Court of Canada sided with the CRA, stating Tawa's activities were routine construction lacking the necessary uncertainties or systematic investigations for SR&ED eligibility. This ruling underscores the importance of demonstrating scientific or technological uncertainties and conducting systematic investigations to qualify for SR&ED benefits. A crucial takeaway for businesses in R&D-intensive sectors: the definition of eligible activities is narrow, and meeting the criteria demands clear evidence of innovation beyond standard practices. For more cases like this check out our blog at: #R&D #TaxCredits #SR&ED

Jan Vishwas (Amendment of Provisions) Bill 2023 as passed by Lok Sabha on 27.7.2023: The Bill provides for amendments in penal provisions of 42 Acts listed below. It is further provided that the fines and penalties provided under various provisions of these Acts shall be increased by 10% of minimum amount of fine or penalty, as the case may be, prescribed therefor, after the expiry of every three years from the date of commencement of this Act after being passed. List of Acts to be amended is as under: 1.   The Press and Registration of Books Act 1867 2.   The Indian Post Office Act 1898 3.   The Boilers Act 1923 4.   The Indian Forest Act 1927 5.   The Agricultural Produce (Grading and Marking) Act 1937 6.   The Drugs and Cosmetics Act 1940 7.   The Public Debt Act 1944 8.   The Rubber Act 1947 9.   The Pharmacy Act 1948 10.  The Industries (Development and Regulation) Act 1951 11.  The Cinematograph Act 1952 12.  The Tea Act 1953 13.  The Copyright Act 1957 14.  The Merchant Shipping Act 1958 15.  The Deposit Insurance and Credit Guarantee Corporation Act 1961 16.  The Warehousing Corporation Act 1962 17.  The Food Corporations Act 1964 18.  The Patents Act 1970 19.  The Marine Products Export Development Authority Act 1972 20.  The High Denomination Banknotes (Demonetisation) Act 1978 21.  The Air (Prevention and Control of Pollution) Act 1981 22.  The National Bank for Agriculture and Rural Development Act 1981 23.  The Spices Board Act 1986 24.  The Environment (Protection) Act 1986 25.  The National Housing Bank Act 1987 26.  The Motor Vehicles Act 1988 27.  The Railways Act 1989 28.  The Public Liability Insurance Act 1991 29.  The Cable Television Networks (Regulation) Act 1995 30.  The Trade Marks Act 1999 31.  The Geographical Indication of Goods (Registration and Protection) Act 1999 32.  The Information Technology Act 2000 33.  The Metro Railways (Operation and Maintenance) Act 2002 34.  The Prevention of Money-laundering Act 2002 35.  The Food Safety and Standards Act 2006 36.  The Government Securities Act 2006 37.  The Cantonments Act 2006 38.  The Payment and Settlement Systems Act 2007 39.  The Collection of Statistics Act 2008 40.  The Legal Metrology Act 2009 41.  The Factoring Regulation Act 2011 42.  The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016

PPDS remains one of the biggest challenges faced by foodservice businesses, even now, 2 years since the implementation of Natasha's Law. So we're happy to share the the 5th and final part in our webinar series on mastering PPDS - Best Practice for Maintaining Compliance... https://loom.ly/dEEvVNo

SCOTUS's overturning of Chevron has left a lot of questions - the main one being "What's next?" Faegre Drinker has collaborative teams reviewing the fallout of the Loper Bright and Corner Post decisions as more information becomes available. Here is a post about the effects of the decisions on food industry regulations. #foodindustry #chevron #loperbright #cornerpost #faegredrinker

If you work in the food/drinks sector, why not sign up for this virtual session providing you with useful IP law updates and insights? My colleagues Neeraj and Cara will be presenting. 🥘 🥤 🍱 🍷 🍔 🍸 🍕 🍺 #foodanddrink #sector #cmslaw #cmsscotland #IPupdates #webinar