Featured Post ILN Today Post

International Lawyers Network

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.

Read full article
ILN Today Post

Permitted development rights – further changes from 15 April

The last few years have seen a shake-up of permitted development rights by the coalition government aimed at introducing greater flexibility into the planning system and promoting growth.

By way of a general reminder, permitted development rights are a national grant of planning permission which allows certain building works or changes of use without the need for a planning application. Permitted development rights are generally subject to national conditions and limitations (for example limits on height, size or location etc.).  More…

Read full article
ILN Today Post

FM must ensure credits where credit’s due

A version of this article was published in Construction News on 16 February 2015

Service credits have long been a fundamental part of performance management in facilities management contracts. However, a recent decision has shed new light on the importance of keeping service credits updated as the service requirement evolves to ensure they remain enforceable.

The commercial principle of service credits is sound. With agreements covering an intricate range of services, demonstrating losses caused by specific failures is a complex process often involving effort disproportionate to the problem itself. Instead FM contracts usually include a series of fixed (or ‘liquidated’) sums payable if certain failures occur meaning that clients can more easily recover their losses and suppliers understand their risk upfront. Without such arrangements, performance management would become unworkable. More…

Read full article

The ANDYs – Honoring the Heroes of Advertising

AndysWe all need heroes and people whose bravery, commitment and skill make us feel like there is good in the world. These people inspire us to do our own best work and be our own best personal and professional selves.

That’s a point not lost on The International ANDY Awards. Launched in 1964 by The Advertising Club of New York, the ANDYs honors creatives who’ve done especially bold and courageous work. That’s an increasingly tall order in these days of tighter ad budgets, more conservative clients, and campaigns that have to address a variety of new media channels while still excelling at old school print and television.

Read full article
ILN Today Post

Advertising, Marketing & Promotions Alert >> Automobile Shipment Broker Settles with FTC Over Charges that It Misrepresented Online Customer Reviews

AmeriFreight, Inc., and its owner, Marius Lehmann, agreed to settle a complaint brought by the Federal Trade Commission (FTC) claiming that the company and its owner failed to disclose that online customer reviewers were compensated with discounts and other incentives to review the company’s services.

Complaint
The FTC’s complaint against AmeriFreight, which arranges shipment of customers’ cars through third-party freight carriers, charged the advertiser with misrepresenting online reviews by failing to disclose that it gave cash discounts or benefits to customers to incentivize their posting of online reviews. More…

Read full article
ILN Today Post

Securities Registration: SEC Announces Updated Exemption

On March 25, 2015, the Securities and Exchange Commission adopted “Regulation A+,” a set of new rules updating and expanding the SEC’s existing Regulation A, designed to facilitate smaller companies’ access to capital and provide investors with more investment choices.

Under federal and state securities laws, primarily the Securities Act of 1933, a company that wants to raise capital by selling securities must either register the securities sales with the SEC or rely on an exemption from registration. Full SEC registration can be time-consuming and very expensive. One exemption from registration is provided under the SEC’s Regulation A, which exempts from registration qualifying securities offerings of up to $5 million. More…

Read full article

Protect Workers From The Number One Cause of Workplace Deaths – Distracted Driving

Distracted driving is the number one cause of workplace deaths in the United States.  OSHA has partnered with the National Safety Council to call employers’ attention to this issue Distracted Drivingand urge the adoption of safe driving policies.  Failure to adopt and enforce such policies in the workplace leads to tragic results and OSHA has made it perfectly clear that employers who do not take this issue seriously should expect OSHA citations.  On its distracted driving webpage, the agency has stated that employers “have a responsibility and legal obligation to have a clear, unequivocal, and enforced policy against texting while driving.”

Read full article

The Wage Hour Implications of California’s New Paid Sick Leave Law

Our colleague, Matthew A. Goodin, has written a piece about California’s new paid sick leave law entitled “California Employers Beware: It’s Time to Rewrite Your Sick-Leave And PTO Policies.”

The law impacts at least one wage-hour issue – paystub requirements – which are explained in Matthew’s  piece:

Paystub requirements Under the new law, an employee’s paystub (or another document provided to the employee on the employer’s designated payday) must set forth the amount of accrued sick leave the employee has available. Unless employers want to issue a separate document to each employee at every pay period, this requirement will most likely require most employers to make changes to their paystubs. Employers who use a third-party vendor for their payroll should not assume that their vendor will make the appropriate changes.  For example, many paystubs currently reflect the amount of sick leave an employee has used both in the current pay period and year-to-date, but do not reflect the amount accrued as required by AB 1522. Accordingly, employers should contact their payroll vendors to ensure their vendor will timely implement the changes required by the new law.

Read full article

Franchisee Who Ignored His Disclosure Document Loses Lawsuit

Writers BlockA franchisee who sued his franchisor for fraud learned the hard way why it’s important to read the Franchise Disclosure Document, cover to cover, before buying a franchise. A California franchisee of Big O Tires sued the company in California court, alleging that Big O defrauded him when it sold him a franchise. The California Court of Appeals ruled against him because the disclosure document Big O gave to the franchisee before he bought contradicted each and every one of his claims.

Mr. Hailemariam purchased his Big O Tires franchise in February 2008. Before he bought the franchise, he received Big O’s Uniform Franchise Offering Circular (“UFOC”). The UFOC was similar in content and structure to the Franchise Disclosure Document that franchisors are now legally required to give prospective franchisees.

Read full article

Rainmaking Recommendation from Jaimie Field: Be Amazing

I was hoping to get more posts out to you this week while I was here at LMA15, but the conference was so jam packed that I barely had time to check emails, let alone anything more!

But today, I’m bringing you a rainmaking recommendation from expert Jaimie Field. Keep an eye out next week for follow up from the conference!

***

Being a good lawyer is not enough.

Being a great lawyer is not enough.

Be an amazing lawyer!

According to Google the definition of “Amazing” is “causing great surprise or wonder; astonishing.

So, when was the last time you created great surprise or wonder when it comes to your clients?

Your referral sources?  Your prospective clients?

Read full article

Mixed domicile couples

Non-doms are in the news again, with one British political party wanting to scrap non-domiciled status if they are elected to be the next Government on 7 May.  This sort of headline reinforces the casual view that being a non-dom is always advantageous for UK tax purposes.  However, if you are part of a mixed domicile couple, where one of you is UK domiciled and the other isn’t, you might disagree.  Estate planning is not plain sailing for you.
Most married couples don’t think twice about mixing up their assets.  Buying houses jointly or contributing to a joint bank account, for example.  There are usually no UK tax consequences in doing so. 
Inheritance Tax (IHT) has a specific spouse exemption, categorising flows of wealth which would otherwise be transfers of value for IHT purposes as exempt transfers instead.  This generous exemption is curtailed where a UK domiciled spouse makes a transfer to a non-UK domiciled spouse, though (but not the other way around).  Since the Finance Act 2013, the spouse exemption available in this situation is the same as the prevailing IHT nil rate band, so currently £325,000 – and that is a lifetime limit; transfers do not drop out of the equation after seven years.  So if the UK domiciled spouse dies first and leaves all assets to his spouse who is still not UK domiciled, actual or deemed, at that point, there may be no spouse exemption available. 
Read full article