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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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Featured Post ILN Today Post

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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Website Accessibility Lawsuits Continue as The ADA Turns 27

Our colleague Joshua A. Stein, a Member of the Firm at Epstein Becker Green, has a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the technology industry: “As the ADA Turns 27, Recent Developments Suggest No End to Website Accessibility Lawsuits.”

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Website Accessibility Lawsuits Continue as The ADA Turns 27

Our colleague Joshua A. Stein, a Member of the Firm at Epstein Becker Green, has a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality industry: “As the ADA Turns 27, Recent Developments Suggest No End to Website Accessibility Lawsuits.”

Following is an excerpt:

Today marks the 27th Anniversary of the Americans with Disabilities Act (ADA).  Unfortunately for businesses, two recent developments in the context of website accessibility suggest that there is no reason to celebrate and every reason to believe the ever-increasing wave of demand letters and lawsuits in this area will continue unabated.

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EXHAUSTION OF PATENT RIGHTS & DIRECT INFRINGEMENT RE-EVALUATED:THE MPEG LA / DPH CASE

The German Federal Court of Justice (Bundesgerichtshof) with its decision X 2r 33/10, announced on August 21, 2012, rejects claims for infringement of MPEG-2 video coding patents by a Greek DVD manufacturer: The DVD, as such, is NOT a means of infringement of the patent claim in dispute.

On August 21, 2012 the German Federal Court of Justice heard the appeal by the defendant, a Greek DVD manufacturer, in a patent infringement proceeding, and decided that the case in hand was part of a series of actions encompassing several proceedings (indeed nine actions with the same contents were filed against the defendant by nine members of the MPEG Patent pool).

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OIG Updates FY 2017 Work Plan to Include Review of Medicare Claims for Telehealth Services Provided to Rural Beneficiaries: Will Substantive Change to Medicare Reimbursement for Telehealth Follow?

Updates to OIG FY 2017 Work Plan

The United States Department of Health and Human Services (“HHS”) Office of the Inspector General (“OIG”) recently updated its FY 2017 Work Plan. Traditionally, OIG’s annual Work Plan has given health care providers a preview of OIG’s enforcement priorities. With the OIG now making updates to its Work Plan on a monthly basis, providers stand to gain even more insight into how the focus of OIG is constantly shifting in order to assist in the identification of significant compliance risk areas.

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As the ADA Turns 27, Recent Developments Suggest No End to Website Accessibility Lawsuits

Today marks the 27th Anniversary of the Americans with Disabilities Act (ADA).  Unfortunately for businesses, two recent developments in the context of website accessibility suggest that there is no reason to celebrate and every reason to believe the ever-increasing wave of demand letters and lawsuits in this area will continue unabated.

First, in Lucia Marett v. Five Guys Enterprises LLC (Case No. 1:17-cv-00788-KBF), the U.S. District Court for the Southern District of New York has finally issued a decision directly speaking to the applicability of Title III of the ADA (Title III) to websites, denying Five Guys’ motion to dismiss, and holding that Title III does indeed apply to websites.  Facing a class action lawsuit brought by serial plaintiff, Lucia Marett, Five Guys sought to dismiss the claim that its website (which, among other things, allows customers to order food online for delivery or pick up at its brick and mortar stores) violated Title III and related state/local statutes because it is inaccessible to the blind, on the grounds that Title III does not apply to websites and, even if it did, the case was moot because Five Guys was in the process of updating its website to provide accessibility.

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Two Easy Tips to Power Network Like a Pro

How can we network better?

Many posts offer the same tips, spun in a different way – and that’s important, because I can always get something out of implementing the tried and true.  But when I find something unique, I’m always happy to share it.

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Dismissal of pregnant employee with morning sickness unlawful

The Federal Circuit Court has found that an employer took unlawful adverse action against a pregnant employee when it dismissed her for taking time off work due to morning sickness and to attend medical appointments1.

The background to the dismissal was that:

  • In March 2016, the employee attended a three-month review meeting halfway through her six month probation period. The company told the employee that she appeared to be “going alright” and did not raise any performance concerns. The employee told the company that she was pregnant and that she intended to commence maternity leave on 1 September 2016.
  • Over the next three months, the employee took a total of seven days sick leave due to morning sickness, plus four days’ annual leave to attend medical appointments related to her pregnancy.
  • On 3 June 2016, the last working day before her probation period expired, a director of the company dismissed the employee telling her that: “due to your current circumstances, your employment has become unreliable and we have decided not to continue with your employment”.
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No indication of when the reduction in the bankruptcy minimum period to one year will occur

In December 2015, the Federal Government proposed changes to its insolvency laws as part of its National Innovation and Science Agenda (NISA). Changes included a proposal to reduce the minimum bankruptcy period from three years to one year, with the aim of encouraging innovation and risk taking by reducing the consequences associated with bankruptcy.

Other reforms proposed as part of NISA include a proposed safe harbour carve out to protect directors from insolvent trading liability and a stay on the enforcement of ipso facto clauses while a company is under voluntary administration. These three reforms are separate to those contained in the Insolvency Law Reform Act 2016 (Cth).

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EB-5 Investment Funds – Updated Redeployment Standards and Guidelines

UPDATED
WHITE PAPER: STANDARDS AND GUIDELINES FOR REDEPLOYMENT OF EB-5 INVESTMENT FUNDS

Prepared by:
Arnstein & Lehr LLP
Klasko Immigration Law Partners, LLP
Jeffer Mangels Butler & Mitchell LLP

Now that the USCIS has released amendments to its Policy Manual regarding the required “sustainment period” for EB-5 investors to retain their investments “at risk,” the authors of this updated White Paper have revised our original standards and guidelines for redeployment of EB-5 investment capital issued in February 2017 to reflect the new policies adopted by the USCIS on redeployment. We believe that the guidelines provided in this updated White Paper should meet the “sustainment” requirements established by USCIS in its amended Policy Manual, and should also meet the requirements of federal securities laws and the fiduciary duties of the general partner or manager of each new commercial enterprise when making a decision to redeploy their investment capital in a new investment.

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