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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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ILN Today Post

Brexit: Take it or leave it?

The contents of European treaties do not generally achieve public notoriety. But – after acrimonious parliamentary debates, Supreme Court challenges and yards of press coverage – everyone has now heard of Article 50 of the Lisbon Treaty.

As part of a deal to secure Parliamentary approval to trigger the EU withdrawal process under Article 50, Prime Minister Theresa May conceded that the deal negotiated with the Council of Ministers would be placed before MPs for approval before it goes to the European Parliament, which must consent to any Article 50 deal before it can be formally signed off.

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ILN Today Post

Udpegning/valg af kurator – hvem bestemmer?

Et ældre og kendt udsagn siger: Den enes død den andens brød. Det gælder også i relation til fallerede virksomheder og kuratorudpegning/-valg. Artiklens emne er ikke nyt, men spørgsmålet stilles ofte. Baggrunden for spørgsmålet er som regel, at spørgeren har en opfattelse af, at kurator i visse situationer kan være overordentlig enøjet og udelukkende ser sagen fra hovedkreditors side – den kreditor, der har størst indflydelse på kuratorudpegningen/kuratorvalget. Ifølge konkurslovens § 238, stk. 1, skal blandt andet kurator være habil, hvilket betyder, at han ikke må være afhængig af skyldneren, ligesom der ikke af andre grunde må kunne rejses tvivl om kurators upartiskhed i det foreliggende bospørgsmål.

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A Temporal Limitation on the Reach of DTSA Claims

As we have written about and discussed extensively on this blog over the past year, the Defend Trade Secrets Act (“DTSA”) – enacted on May 11, 2016 – provides the first private federal cause of action for trade secret misappropriation, allowing parties to sue in federal court for trade secret misappropriation regardless of the dollar value of the trade secrets at issue.  Given that the law is less than a year old, federal courts seeing DTSA cases for the first time are still parsing through its language and clarifying its scope.  Although it is still a developing issue, two recent decisions reveal a limitation and viable defense to DTSA claims:  a plaintiff asserting a DTSA claim must allege facts showing that acts of misappropriation occurred after DTSA came into effect.

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HR and Payroll Departments Should Beware of Phishing Scams This Tax Season

Our colleagues Brian G. Cesaratto and Adam S. Forman, at Epstein Becker Green, have a post on the Technology Employment Law blog that will be of interest to many of our readers in the retail industry: “Phishing Scam Targets Human Resources and Payroll Departments.”

Following is an excerpt:

Human Resources and Payroll should advise employees in their departments to be on the lookout for the latest tax season phishing scam designed to steal employees’ tax related information and social security numbers. Given the regular frequency of these types of attacks, employers should be taking appropriate steps to safeguard employee Personally Identifiable Information (“PII”).  At a minimum, Human Resources should have in place written policies regarding the handling of employee PII and provide training designed to protect employee PII against a data breach.  Because Human Resources works with employee PII on an everyday basis, it may be the best equipped to secure sensitive personnel information against the type of fraudulent scheme highlighted in the recent IRS alert. …

What preventative steps can be taken to guard against these attacks? Human Resources should ensure that policies and procedures are in place requiring that the sending of employees’ confidential tax related information by email only be done with 100% confidence that the intended recipient is within the organization and has requested the information. Indeed, the IRS advises that employers consider adopting written policies that govern the electronic distribution of confidential employee Form W-2s and tax related information. …

Read the full post here.

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ILN Today Post

New Process for BOI Visa Transfer at the One Stop Service Center

Thailand Immigration Alert – New Process for BOI visa transfer at the Once Stop Service Center and visa renewal problems at Chaengwattana

Effective February 14, 2017, the process for the visa transfer from an old passport to a new passport has now changed for Board of Investment (BOI) sponsored visa holders who use the One Stop Service Center (OSSC). This change affects those who have only been granted a visa until the expiration date of their old passport, even though they are entitled to a longer visa validity period as per their BOI approval letter. Under the change, the BOI will no longer automatically enter the full visa validity period into the new passport. Instead, the visa holder will need to follow a two-part process:

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Digital Legacies: Our presence from the digital graveyard

As technology evolves, so does the way we store information and keep our most personal and cherished possessions. Has this ever left you pondering what happens to your social media accounts or digital assets when you pass away?

Over the past decade we have seen the continued rise of social media and the steady growth of virtual assets. With many people now storing an enormous amount of their personal property online, Will makers are increasingly being advised to leave clear instructions in relation to their digital legacies.

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Don’t forget about costs: lessons for appealing costs orders

The ACT Court of Appeal has declined to make a costs order in favour of a motor vehicle accident insurer after the insurer successfully appealed the Supreme Court’s assessment of damages but neglected to fully challenge the original costs order against it.1

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Talking Tax – Issue 66

Cases

Uber B.V. v Commissioner of Taxation [2017] FCA 110

The Federal Court has dismissed the application of Uber in an action against the Commissioner of Taxation (Commissioner).

The topical dispute stands as the landmark decision that Uber drivers are required to be registered for GST purposes.

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Phishing Scam Targets Human Resources and Payroll Departments

Human Resources and Payroll should advise employees in their departments to be on the lookout for the latest tax season phishing scam designed to steal employees’ tax related information and social security numbers. Given the regular frequency of these types of attacks, employers should be taking appropriate steps to safeguard employee Personally Identifiable Information (“PII”).  At a minimum, Human Resources should have in place written policies regarding the handling of employee PII and provide training designed to protect employee PII against a data breach.  Because Human Resources works with employee PII on an everyday basis, it may be the best equipped to secure sensitive personnel information against the type of fraudulent scheme highlighted in the recent IRS alert.

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Fifth Circuit Pays Special Deference to NLRB’s Determination that Hotel Management Company Acted with Anti-Union Animus in Outsourcing Housekeeping Department

Fifth Circuit Pays Special Deference to NLRB’s Determination that Hotel Management Company Acted With Anti-Union Animus In Outsourcing Housekeeping DepartmentA recent decision of the U.S. Court of Appeals for the Fifth Circuit illustrates the potential pitfalls of outsourcing in the face of a union campaign, as well as the steep hurdle employers face in overturning a decision of the National Labor Relations Board (“NLRB”). In Remington Lodging & Hospitality, LLC v. NLRB, the Fifth Circuit enforced an NLRB order holding that a hotel management company’s decision to outsource the hotel’s housekeeping department was motivated at least in part by anti-union animus and therefore violated Section 8(a)(3) of the National Labor Relations Act (“the Act”).

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