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International Lawyers Network Elects New Chairman

Business colleagues raising flags of different of countriesNew York (June 20, 2017) – The International Lawyers Network, a global network of more than 5,000 lawyers, announced today that Simon Ekins of Fladgate LLP in London, England, has been elected Chairman.

Ekins assumes the chairmanship from Peter Altieri, shareholder with Epstein Becker & Green, following an election by the Board of Directors during the Network’s Annual Meeting in Stockholm, Sweden early this month. Altieri has served as ILN Chairman since June 2009, stepping down after eight years of service.

“We are so appreciative of Peter’s efforts and all the work and time he has devoted to the Network as Chairman over these last eight years,” said Alan Griffiths, Executive Director of the International Lawyers Network. “His heart-felt speech at our Annual Conference’s gala dinner was met with a long-standing ovation from all in attendance, which was a true testament to the respect he has garnered during his time in the position.”

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International Lawyers Network Shortlisted as Global Network of the Year by “The Lawyer” for Second Year

ILN_640The International Lawyers Network has been shortlisted as Global Network of the Year by “The Lawyer” for a second year in a row.

The winners of this category will be announced at The Lawyer European Awards 2017 at a ceremony at Grange St. Paul in London, England on Thursday, March 16, 2017. This is only the second year the category for Global Network of the Year has been included for consideration in the awards.

Judges in this category examine evidence of strategic vision, with particular focus on cross-border initiatives, consistent excellence in the delivery of legal services and outstanding talent management, in evaluating the submissions.

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New Immigration Arrival and Departure Card & Madrid Protocol News

An update on the new Immigration arrival and departure card and news about Thailand’s accession to the Madrid Protocol

Immigration Arrival and Departure Card

On October 1, 2017, a new Immigration Arrival/Departure Card will replace the current TM6 form. The proposed new form will have only one side for visitors to record both arrival and departure information together with an “automatic channel” barcode. However, the new form still contains much of the requested information on the old TM6 form, now just on one side. So, its effectiveness is being debated by the Ministry of the Interior, the Immigration Bureau, and the Tourism Authority of Thailand. With the international spotlight on immigration procedures and long waiting times at Thailand’s international airports, the government is also exploring canceling the use of the TM6 form entirely. While the process of studying and exploring the pros and cons (facilitation vs national security) is underway, filling out the Immigration Arrival/Departure Card is still required.

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Legitimate business protection or unenforceable restraint of trade – the problem with post-termination restrictions

Michael McCartney comments on a recent Court of Appeal decision in Egon Zehnder v Tillman highlighting the challenge employers face when enforcing clauses designed to prevent competition from employees after they leave.

The Court of Appeal held that a non-compete restriction which purported to prevent Ms Tillman from having an “interest” in a competing business was too broad to be enforced. The restriction would have prevented her from holding any shares at all in a competitor, regardless of their value. This position was at odds with her contractual right during her employment to hold a limited number of shares up to a maximum of 5%. There was clearly no basis upon which Egon Zehnder could possibly justify a more stringent protection after employment than had existed during it.

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Payment dates – Miss them at your peril!

Two recent cases highlight the importance of ensuring both landlords and tenants diarise important dates in legal documents, especially those which involve payments. It seems obvious on the face of it that dates such as rent payment dates in leases must be met. Yet in practice, it happens more often than one would expect that after completion, dates are not recorded and landlords and tenants miss deadlines. The consequences can be disastrous.

The first case is Vivienne Westwood Ltd v Conduit Street Development Ltd [2017] EWHC 350 (Ch). The claimant tenant asked the court to determine the effect of a side letter which it had entered into with the defendant landlord. The tenant leased retail premises from the landlord for a term of 15 years from November 2009, at an initial rent of £110,000 per annum, subject to open market rent reviews in the fifth and tenth years. The side letter was entered into at the same time as the lease.

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Asbestos Regulations Raise the Standard for Building Owners

From April 2016 the Health and Safety at Work (Asbestos) Regulations created new workplace and residential obligations for building owners and those working with asbestos.

According to Work Safe New Zealand, asbestos is New Zealand’s number 1 killer in the workplace, accounting for 170 deaths each year from asbestos related diseases.  The aim of the Regulations is to mitigate that impact by imposing amongst other things:

  • A licensing system for the removal of asbestos.
  • New duties and responsibilities of building owners.
  • Requirements for processes in determining the presence of asbestos.
  • Specific duties in relation to asbestos removal.
  • New duties in relation to the management of asbestos risks

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“…as best as your interests don’t conflict with mine”: Lawyers Fighting Over Intellectual Property

When one thinks about lawyers and Shakespeare, many recall the oft-quoted and misunderstood statement “the first thing we do, let’s kill all the lawyers.”  ‘Henry VI,” Part II, Act IV, Scene II, Line 73.  But my favorite, as a better reflection of the best of our lot, is:

Sir, I shall not be slack; in sign whereof,

Please ye we may contrive this afternoon

And quaff carouses to our mistress’ health

And do as adversaries do in law,

Strive mightily, but eat and drink as friends

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Collaboration and Cartels Clarified – The Commerce (Cartels and Other Matters) Amendment Bill

The Commerce (Cartels and Other Matters) Amendment Bill has finally passed following its introduction in 2011.  It received royal assent on 14 August 2017.

The amendments are designed to benefit businesses and consumers by providing greater certainty for firms to collaborate and compete.

Many of the amendments introduced by the Bill come into force immediately.  However, there is a nine month transition period to allow businesses time to check that existing arrangements do not breach the new cartel prohibition. The changes will be will be enforced by the Commerce Commission.

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International Lawyers Network Welcomes New Firm in South Korea, Lee International IP & Law Group

We’re thrilled to welcome a new member firm in South Korea, Lee International IP & Law Group!

Lee International is a full-service law firm, serving its clients with a range of practice areas in addition to its long-standing intellectual property practice. These areas of service include advice and representation in finance, real estate, M&A, general corporate, antitrust and fair trade, health care, domestic and foreign litigation and international arbitrations, labor, tax, general commercial, entertainment, customs, international trade remedies, government investigations, criminal matters and others.

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Internet Law – A Brief Introduction to Cyber Torts

In this modern age, the Internet has become an essential tool of work and social communication and functioning.

In 2015, the World Internet Usage & Population Statistics found that 293,875 persons or 90.5 % of the Bahamian population uses the Internet. The growing awareness of the social, economic, and political impact of the Internet on Bahamian society has brought the question of governing the Internet and individual Internet activity as a whole into sharper focus. In fact an article published on the 4th August 2017 the Nassau Guardian discussed the increase of cyber crimes within the nation over the last two years. The article noted the rise of cyber attacks on companies within the financial services industry. Of particular concern was the fact that the Global Cyber security Index 2017 listed the Bahamas as having one of the worst cyber security structures in the world.

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Law Society Litigation Prize

Congratulations to Rachel Lafferty, HOMS Solicitors Trainee, on winning the Law Society of Ireland Litigation Prize.

Rachel came in first place for achieving the highest mark in litigation on the Law Society of Ireland Professional Practice Course Part 1 2016/2017.

Rachel has completed training seats in our Limerick office and is now based in our Dublin office where she will complete her training contract.

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Seven Davis Malm Attorneys Recognized by 2018 Best Lawyers in America

Davis Malm announces that seven of its shareholders were recently selected by their peers for inclusion in The Best Lawyers in America® 2018. Published by Woodward/White, Inc., Best Lawyers is considered by many as the oldest and most respected peer review publication in the legal profession.

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