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International Lawyers Network Shortlisted for The Lawyer’s Law Firm Network of the Year Award

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The International Lawyers Network has been shortlisted as Global Network of the Year by The Lawyer.” The winners of this category will be announced at The Lawyer European Awards 2016 at the Hilton London Bankside Hotel in London, England on Wednesday, March 9, 2016.

This is the first time the category for Global Network of the Year has been included for consideration in the awards. In evaluating submissions, judges looked for evidence of strategic vision, with particular focus on cross-border initiatives, consistent excellence in the delivery of legal services and outstanding talent management.

“We are honored to have the International Lawyers Network shortlisted as Global Network of the Year,” said Lindsay Griffiths, Director of Global Relationship Management. “We pride ourselves on innovative marketing strategies and dedication to fostering relationships among our members. We believe this helps set us apart from other worldwide legal networks.”

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How to buy or sell a business

Don Sihota’s latest seminar–How to Buy or Sell a Business–will take place at our offices next Thursday, May 26, 2016 from 8:30 am to 1:00 pm. Don will be hosting private company business owners who are planning their exit strategy and others who are seeking to grow their business through acquisitions. Register now.

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ILN Today Post

LexCounsel Law Offices LexUpdate – May 24, 2016

Intellectual Property

Government approves National Intellectual Property Rights Policy: “Creative India; Innovative India” – TheGovernment of India has approved the National Intellectual Property Rights (“IPRs”) Policy which is stated will lay the future roadmap for intellectual property in India. The Policy has the following objectives:

· IPR awareness and promotion: Outreach and Promotion – To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.
· Creation of IPRs – To stimulate the generation of IPRs.

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ILN Today Post

Self-Regulatory Principles Applied for First Time to Mobile Apps and Discussed at DAA and ASRC Events

The advertising industry’s self-regulatory enforcement group issued its first actions applying its mobile principles.

The Online Interest-Based Advertising Accountability Program (the Accountability Program) administered by the Advertising Self-Regulatory Council (ASRC) issued three decisions applying the Application of Self-Regulatory Principles to the Mobile Environment (the Mobile Principles) under the Self-Regulatory Principles for Online Behavioral Advertising (the OBA Principles) set forth by the Digital Advertising Alliance (DAA). The Mobile Principles address the unique aspects of the mobile environment and are designed to maintain a consistent approach to notice and choice for interest-based advertising (IBA).

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Will Sad Facts Make Bad Law?

Despite popular opinion, lawyers and judges are human and sometimes the facts of a case make it near impossible for judges to play the role of the modest umpire calling balls and strikes described by Chief Justice Roberts in his confirmation hearing.  Sometimes, bad facts make bad law because the plaintiff is so sympathetic that the just ruling may not be the “right” one.  Fachon v. U.S. Food and Drug Administration et al., appears to be the epitome of this.

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Defend Trade Secrets Act of 2016 Signed Into Law – Employment Law This Week

David Clark, contributor to this blog and Senior Counsel at Epstein Becker Green, is featured on Employment Law This Week, discussing the Defend Trade Secrets Act of 2016 (DTSA).

Under the DTSA, employers can now sue in federal court for trade secret misappropriation. Though there is some overlap with the Uniform Trade Secrets Act—adopted in some version by 48 states—the DTSA marks a notable change in how these cases are litigated, creating a federal civil cause of action. The new law contains broad whistleblower protections and new requirements for employers to give notice of these protections.

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Supershuttle Loses Rebuttal – Canadian Registration Scuttled

In a recent Federal Court of Canada (the “FC”) decision, 2015 FC 1259, the FC dismissed an appeal by Supershuttle International, Inc. (“Supershuttle”) to overturn a decision of the Registrar of Trade-marks (the “Registrar”), expunging its Canadian trade-mark registration for SUPERSHUTTLE (the “Mark”) for non-use.

Supershuttle provides ground transportation services to and from airports in cities that are all located outside of Canada.  Canadians wanting to utilize Supershuttle’s services can and do book tickets and make reservations through their website, which is accessible to persons who are physically in Canada.  In December 2003, Supershuttle registered the Mark in Canada for use with “airport passenger ground transportation services” (the “Registered Services”).

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Sickness absence

Two recent court decisions have highlighted issues surrounding sickness absence, which provide some very useful guidance for employers when dealing with this issue. The first of these concerned the contractual status of absence procedures and the second a situation in which an employee was exaggerating the severity of an injury.

Absence policy incorporated in contract

In Department of Transport v Sparks and Others, the Court of Appeal upheld a finding that procedures in a staff handbook regarding absence management had been incorporated into the employees’ contracts of employment.

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Maryland Expands State Equal Pay Act and Broadens Employees’ Right to Discuss Wages

Maryland has now joined New York and several other states that have recently passed legislation expanding state equal pay laws and/or broadening the right of employees to discuss their wages with each other (often called “wage transparency”). The Equal Pay for Equal Work Act of 2016 (“Act”), signed by Governor Hogan on May 19, 2016 and set to take effect October 1, 2016, amends Maryland’s existing Equal Pay law (Md. Code, Labor and Employment, §3-301, et seq.), which applies to employers of any size, in several significant aspects.

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Lidings’ Partner Sergey Kislov Appointed as an Arbitrator of the Arbitration Court before Independent Arbitration Chamber

Lidings’ dispute resolution practice partner Sergey Kislov has been appointed as an arbitrator of the Arbitration Court before Independent Arbitration Chamber in Moscow.

Sergey Kislov is a seasoned Russian dispute resolution expert. He has extensive experience in bankruptcy and insolvency proceedings, as well as advising clients on corporate conflict prevention, business restructuring and sales of distressed asset. His professional portfolio boasts over 150 successful cases in arbitrazh courts and courts of general jurisdiction. Sergey authored multiple articles on dispute resolution, and frequently acts as expert at key legal events in Russia and abroad.

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New State Legislation Seeks to Curb “Drive By” Lawsuits and Service Animal Fraud

Service DogDespite the noble purpose for Title III of the ADA, businesses have long been frustrated by the ease in which Title III and its state and local equivalents can be exploited by serial plaintiffs/attorneys looking to make money instead of enforce the law.  Similar feelings arise from the inability of businesses to combat fraud tied to accessibility.   In an effort to address these concerns, recent developments at the state law level are ushering in a welcome change in the way certain accessibility issues are addressed.  California is strengthening its existing limitations on the ability of a plaintiff to file a “drive by” litigation alleging inaccessible structural elements under state law.  Colorado may soon adopt criminal penalties for individuals found to have fraudulently misrepresented an animal as a service dog.  While both of these measures are relatively modest in scope, they reflect a positive trend in legislation to try and limit accessibility litigations to legitimate claims.  Businesses can only hope these initiatives (and ones with even greater scope) gain traction in other states across the country and, ultimately, at the federal level.

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