ILN Today Post
March 30, 2015
The International Lawyers Network (ILN) is a leading association of 91 high-quality, full-service independent law firms.
Since 1988, the ILN has helped its members keep pace with today’s global economy, through access to the tremendous strength and depth of the combined expertise of 5,000 lawyers in 67 countries on six continents.
ILN member firms are among the most respected and most experienced counsel in their jurisdictions. Clients’ increasing need for reliable foreign counsel is well-met by the personalized, high-quality and cost-effective legal services provided by ILN member firms. Unique to the ILN are the strong personal and professional relationships among its members and their clients developed over the past 26 years. Far from a mere directory, the ILN is an affiliation of lawyers who gather on a regional and worldwide basis annually and work routinely with each other to address client requirements and needs.
Each of the ILN’s member firms is international in outlook and staffed by highly trained senior attorneys, who are experts in a broad range of practice areas. ILN members have demonstrated experience in working successfully with international companies. They are independent, mid-sized firms within their jurisdictions, and are committed to the focus of the International Lawyers Network, admitted to the Network only after a rigorous application process. The ILN provides clients with high-quality service from experienced local counsel who work in firms that maintain excellent reputations in their own countries. This means that clients have immediate access to attorneys who are native, both linguistically and culturally, to the country of interest.
The ILN’s international directory app is available for iPhone, Android and BlackBerry smartphones. To access the app, click here or log on to ILNmobile.com from your smartphone.
ILN Today Post
May 5, 2015
With the recent surge in e-commerce, the use of electronic means for executing contracts in India is becoming increasingly common. This brings to the fore the question of whether such electronic contracts (or as more popularly known as e-contracts) can constitute valid contracts under Indian laws.
While the (Indian) Contract Act, 1872 (“ICA”) does not specifically discuss the concept of “electronic” contracts it does not prohibit them per se. Like any other form of contract, an electronic contract is also primarily governed by the codified provisions of ICA, as applicable to contracts in general.
May 5, 2015
I know, I know, I should probably change this regular feature to Two “Content” Tips for Tuesdays. I may get back to adding in other tips at some point, but for now, content is such a meaty and worthwhile topic that I’m happy to continue to use the Two for Tuesdays platform to opine on it.
Today, I want to talk about digestibility.
May 5, 2015
The Manhattan District Attorney’s office last week prevailed over Sergey Aleynikov, the former Goldman Sachs high frequency trading programmer accused of stealing computer source code from the bank, on just one count of the three of which he was charged. It is somewhat hard to imagine how one might be found guilty of “unlawful use of secret scientific material” (N.Y. Penal Law § 165.07 as defined in § 155.00(6)), yet not get convicted for “unlawful duplication of computer related material” (N.Y. Penal Law § 156.30).
With Mr. Aleynikov previously avoiding federal charges of theft of trade secrets under the Economic Espionage Act and National Stolen Property Act, state prosecutors tried their hand on somewhat equivalent state statutes concerning computer crimes. Whether the split decision will withstand review by the trial court judge and ultimately on appeal remains to be seen.
May 4, 2015
With the ever-increasing amount of information available on social media, employers should remember to exercise caution when utilizing social media as a part of their Human Resources/ Recruitment related activities. As we have discussed in a prior blog post, “Should Employers and Facebook Be Friends?” we live in a digital-age, and how people choose to define themselves is often readily showcased on social networking sites. Whether – and how – employers choose to interact with the online presence of their workforce will continue to develop as the relevant legal standards try to catch up.
May 4, 2015
On April 29, 2015, the California Supreme Court granted the employee’s petition for review of the Court of Appeal’s decision in Augustus v. ABM Security Services, Inc., which reversed a near-$90 million judgment awarded in the favor of a certified class of current and former security guards on rest period claims, and also held that while “an on-call guard must return to duty if called to do so,  remaining available to work is not the same as actually working.” We previously wrote about the Augustus decision here. Importantly, because the California Supreme Court has decided to review the Augustus case, it may no longer be relied upon as precedent. We will keep you advised of any updates, although we should not expect a decision from the California Supreme Court until at least next year.
May 4, 2015
Over the past 24 months, one of the hottest issues in non-compete law has been whether continued at-will employment, by itself, is sufficient consideration for a non-compete.
Last week, in Runzheimer International v. Friedlen and Corporate Reimbursement Services, Inc., the Wisconsin Supreme weighed in on this issue, holding that continued employment is sufficient consideration for a non-compete signed by a current at-will employee. However, the Court expressly qualified this holding by explaining that if an at-will employee is fired “shortly after signing” a non-compete, the non-compete would “likely” be voidable and subject to rescission. The Court further qualified its holding by stating that “an employer acting in such a deceitful manner may be breaching the doctrine of good faith and fair dealing.”
May 3, 2015
Det er velkendt for de fleste personer, at man i skatteretten opererer med en regel benævnt parcelhusreglen. Parcelhusreglen giver mulighed for, at fysiske personer kan sælge deres parcelhus skattefrit.
Betingelserne, der skal opfyldes for at kunne sælge et parcelhus skattefrit, er, at ejendommen har karakter af et en- eller tofamilieshus eller ejerlejlighed, at ejeren eller dennes hustand har beboet ejendommen, at ejendommen har et grundareal på under 1.400 m², eller hvis dette ikke er opfyldt, at der ikke kan udstykkes grund til selvstændig bebyggelse, eller hvis dette er muligt, at udstykning af en grund til selvstændig bebyggelse vil medføre en væsentlig værdiforringelse af den pågældende ejendom og det ved udstykningen etablerede grundareal. Endelig er det en betingelse, at alle tre førnævnte betingelser skal være opfyldt på én gang.
May 1, 2015
In a recent decision of the BC Supreme Court, Heathfield v. St. Jacques, 2015 BCSC 505, Madam Justice Ballance considered a claim to vary a will that was made when the personal circumstances of the will-maker were vastly different than those in existence at the time of his death. Although the Court may vary a will, this case serves as an important reminder to update your will regularly.
On November 13, 2011, Michael Heathfield died suddenly at the age of 53, leaving an estate worth approximately 1.2 million dollars. Approximately 7 years before his death, Mr. Heathfield executed a will (the “Will”) naming the defendant, Ms. St. Jacques, as the sole beneficiary. At the time, Mr. Heathfield and Ms. St. Jacques were in a common-law relationship. Under the Will, their two children were beneficiaries only in the event that Ms. St. Jacques did not survive Mr. Heathfield.
May 1, 2015
As we reported, last November, voters in Massachusetts approved a law granting Massachusetts employees the right to sick leave, starting on July 1, 2015. The law provides paid sick leave for employers with 11 or more employees and unpaid sick leave for employees with 10 or fewer employees. While the law set forth the basics, many of the details, which have differentiated the various sick leave laws across the country, were not previously specified (e.g., minimum increments of use, frontloading, documentation). The Massachusetts Attorney General’s Office (“AGO”) has set forth proposed regulations to guide employers in implementing the upcoming sick leave law.
May 1, 2015
I don’t know where this year has gone, but somehow it’s May already, which means our Annual Meeting is almost upon us! I’m also sneaking in another trip before then, heading out this weekend to San Diego to meet with our IP lawyers attending the INTA annual conference for lunch. I’m looking forward to seeing them, since they don’t normally attend our Annual & Regional Meetings, and we have a record turnout this year!
But first, let’s take a look at the top posts from ILNToday from this week!