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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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Third Circuit Court of Appeals Concludes That Employees Must Be Paid For All Rest Breaks of 20 Minutes Or Less Continue Reading…

Tips Do Not Count Towards the Minimum Wage Unless a Worker Qualified as a “Tipped Employe"It is a common practice for employers to provide their employees with rest breaks during the work day.  (And in some states, like California, it is required by state law.) But under what circumstances is an employer required to pay its employees for break time?

In U.S. Department of Labor v. American Future Systems Inc. et al., the Third Circuit Court of Appeals was asked to decide whether the Fair Labor Standards Act requires employers to compensate employees for breaks of 20 minutes or less during which they are free from performing any work.

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Hall & Wilcox advises social housing provider on major state housing tender

Leading national business law firm Hall & Wilcox has advised one of Australia’s largest non-government social housing providers on its successful tender for a substantial New South Wales social housing management transfer program.

The Hall & Wilcox team was led by partner Katrina Reye, who advised Compass Housing Services (Compass) in its bid to manage more properties in the Hunter Valley region as part of the NSW Government’s Social Housing Management Transfer program.

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Sixth Circuit (Mostly) Approves Commission Plan With Recoverable Draw Continue Reading…

In many industries, sales are subject to ebbs and flows.  Sometimes the fish are biting; sometimes they aren’t.

A common device that employers with commissioned salespeople use to take the edge off of the slow weeks and to ensure compliance with minimum wage and overtime laws is the recoverable draw.  Under such a system, an employee who earns below a certain amount in commissions for a given period of time, often a week, receives an advance of as-yet unearned commissions to bring the employee’s earnings for the period up to a specified level.  Then in the next period, the employees’ commissions pay off the draw balance before the employee receives further payouts of commissions.  Occasionally, employees challenge these recoverable draw pay systems.

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The Supreme Court of Canada rules: the indirect victim’s right is subject to a three-year prescription

By Marcel-Olivier Nadeau, from our Insurance Law Practice Group.

October 19, 2017 — Mr. Nadeau examines a recent decision from the Supreme Court of Canada that sheds light on the prescription applicable to an indirect victim’s right of action.

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“Metrics” is Not a Dirty Word

You’ve probably heard a lot of chatter about “big data,” “data,” “metrics,” and other buzzwords, which can sound like a lot of fancy talk about things you can’t be bothered with (Spoiler alert: in general, it’s not).

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Business Tennis League – Beginner Winners!

On 14th October 2017, the HOMS Solicitors Beginners Ladies Tennis Team, consisting of Caitlin Love (Captain), Yvonne Griffin, Claire Hoctor, Sandra Griffin and Rachel O’Shaughnessy won the 2017 Floodlit Business Tennis League hosted by Limerick Lawn Tennis Club and sponsored by Keanes Jewellers. All the proceeds from the competition went to the club’s court development fund.

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Model Cyber Security Law Pending Final Action By National Association of Insurance Commissioners

It is highly likely that the National Association of Insurance Commissioners (“NAIC”) will adopt a model data cyber security law premised largely on the New York State Department of Financial Services (“NYSDFS”) cyber security regulations.  Recently, we discussed the NYSDFS’ proposed extension of its cyber security regulations to credit reporting agencies in the wake of the Equifax breach.  New York Governor Andrew Cuomo has announced, “The Equifax breach was a wakeup call and with this action New York is raising the bar for consumer protections that we hope will be replicated across the nation.”  Upon adoption by the NAIC, the NYSDFS regulations requiring that NYS financial organizations have in place a written and implemented cyber security program will gain further traction toward setting a nationwide standard for cyber security and breach notification.  Indeed, although there are differences, the NAIC drafters emphasized that any Licensee in compliance with the NYSDFS “Cybersecurity Requirements for Financial Services Companies” will also be in compliance with the model law.

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Model Cyber Security Law Pending Final Action By National Association of Insurance Commissioners

It is highly likely that the National Association of Insurance Commissioners (“NAIC”) will adopt a model data cyber security law premised largely on the New York State Department of Financial Services (“NYSDFS”) cyber security regulations.  Recently, we discussed the NYSDFS’ proposed extension of its cyber security regulations to credit reporting agencies in the wake of the Equifax breach.  New York Governor Andrew Cuomo has announced, “The Equifax breach was a wakeup call and with this action New York is raising the bar for consumer protections that we hope will be replicated across the nation.”  Upon adoption by the NAIC, the NYSDFS regulations requiring that NYS financial organizations have in place a written and implemented cyber security program will gain further traction toward setting a nationwide standard for cyber security and breach notification.  Indeed, although there are differences, the NAIC drafters emphasized that any Licensee in compliance with the NYSDFS “Cybersecurity Requirements for Financial Services Companies” will also be in compliance with the model law.

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Significant changes made to Competition and Consumer Act 2010

On 18 October 2017 the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 (Bill) was passed by both houses at Federal level. This follows the enactment of another important piece of legislative amendment relating to Australian competition law on 23 August 2017, the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 (Cth).

The Bill will implement a number of proposals which were announced in the Australian Government Response to the Competition Policy Review in November 2015 (known as ‘The Harper Review’).

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Insurer cops hit in denying Total and Permanent Disablement claim

Background

Ms Hellessey was a member of the New South Wales Police Force (NSW Police) who developed post traumatic stress disorder and major depressive disorder as a result of events that occurred during the course of her duties as a police officer. By 30 August 2010, Ms Hellessey had ceased work and has been unable to work since.

As an employee of the NSW Police, Ms Hellessey was a member of the First State Superannuation Scheme (FSSS). Pursuant to the rules governing the FSSS, Ms Hellessey was entitled to a benefit if, by reason of illness or injury, she satisfied the definition of Total and Permanent Disablement (TPD).

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