Monthly Archives: August 2011

ILN Today Post

Financial Services Recovery Update

Mortgagee’s Duty of Care: Will the Court buy your defence to a claim of sale at undervalue?

By Amber Warren of Gadens Lawyers, Sydney

A recent amendment to the Conveyancing Act provides a timely reminder to mortgagees of the duty to be discharged when exercising power of sale.  read more…


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ILN Today Post

Building & Construction Update

Undocumented variations and the Home Building Act (NSW)
Clarity and a ray of hope for builders

By Robert Riddell and Bruce Hale of Gadens Lawyers, SydneyA decision handed down by the Court of Appeal on 23 June 2011 in Sydney Building Group v Edwards (Edwards’ Case) has provided clarity and a ray of hope for residential builders in NSW seeking payment for construction work not expressly set out in the building contract or a written variation order.  read more
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ILN Today Post

Corporate Risk & Insurance Update

Postponing the pre-litigation reforms

By Brianna Roach and Wendy Blacker of Gadens Lawyers, Sydney

The NSW Government has released a media statement on 23 August 2011 announcing that it will postpone the introduction of recent legislation, which required parties to take reasonable steps to narrow or resolve the issues in dispute before commencing proceedings. read more


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ILN Today Post

Connolly Bove Announces Continued Expansion

Wilmington, DE – Connolly Bove Lodge & Hutz LLP is pleased to announce two new partners in the firmʼs Intellectual Property Group, Edward F. Behm Jr. and Thomas J. McWilliams. Both joined the firmʼs Wilmington, DE office. They previously practiced at Drinker Biddle & Reath LLPʼs Philadelphia office. Connolly Bove has also added a new technical advisor, Jennifer L. Bachorik, Ph.D., as part of its ongoing expansion of its biotechnology and plant science practice.

“We are very pleased to welcome Ted and Tom to the firm,” said Chip Connolly, managing partner of Connolly Bove. “Their addition furthers our plan to expand our IP and emerging company practices. They will also deepen our bench in the computer, software and telecommunications fields.”

The full release can be seen here.

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Robert E. McKenzie addresses likely settlement by Credit Suisse for aiding tax invasion

Arnstein & Lehr attorney Robert E. McKenzie

Robert E. McKenzie

Arnstein & Lehr Chicago Partner Robert E. McKenzie was interviewed recently for an article that appeared August 14 on Bloomberg online on the likely settlement by Credit Suisse, Switzerland’s second largest bank, of aiding tax invasion. The story with Mr. McKenzie’s quotes was also picked up by the online publication Today. The U.S. Justice Department notified the bank last month that it was the target of a probe into its cross-border banking services to U.S. customers. Tax lawyers assert that their settlement may exceed $1 billion.

To read the Bloomberg article with Mr. McKenzie’s comments, please click here.

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Florida Unemployment Compensation Law Has Become More “Employer Friendly”

Arnstein & Lehr attorney E. Jason Tremblay

E. Jason Tremblay

On June 27, 2001, Florida Governor Rick Scott signed a new law implementing several significant reforms to the Florida Unemployment Compensation Program. The new law is meant to save the state money, reduce taxes on employers and help get Floridians back to work. Among other reforms, the definition of “misconduct” under the new law has been expanded making it easier for employers to successfully defend unemployment insurance benefit claims. Specifically, under the new law, misconduct is defined as “any action that demonstrates conscious disregard of an employer’s interests and is found to be a deliberate disregard or violation of reasonable standards of behavior” and may include activities that do not occur at the workplace or during working hours. Therefore, this broader definition not only extends misconduct to activities that occur outside of the workplace, it also includes such events such as chronic absenteeism and tardiness, which may not have been deemed misconduct under the old definition.

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My property litigation partner, Alison Mould, has raised an interesting point. She tells me that permission may be required for attaching art to surfaces in premises that are let to the occupant.  Substantial works will require substantial hangings.  Anything more than the odd drawing pin may involve interacting with the fabric of the building and require a landlord’s licence to alter.  Licences can take two or three months to obtain and so, if anticipating an exhibition or gallery, this is something that will need to be factored into the timetable.
There’s good reason for landlords to be concerned.  One of our construction litigation partners, Frances Alderson, has a case where a building owner innocently hung several heavily framed paintings on a wall.  What he failed to check was whether the wall had been designed to take either the weight of the pictures or the movement in the wall caused by the weight.  In the event, the movement caused cracks, giving rise to a dispute as to who was to blame – the owner, the architect or the builders.
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Arnstein & Lehr’s Tampa team secures quick result for financial institution client

Arnstein & Lehr attorney Robin S. Trupp

Robin S. Trupp

Arnstein & Lehr attorney Brian R. Cummings

Brian R. Cummings

Arnstein & Lehr Tampa Partner Robin Trupp and Associate Brian Cummings secured a speedy result from Florida’s Second District Court of Appeal for Partner Ron Cohn’s financial institution client. A mere eight days after oral argument, the appellate court affirmed a Final Judgment of Foreclosure, which included the involuntary dismissal at trial of multiple lender-liability claims against the client that the trial court later deemed frivolous. Mr. Trupp handled oral argument while Mr. Cummings drafted the brief. They intend to employ the same division of labor in a second appeal spawned by the same case: review of a Final Judgment in favor of the Bank for $270,000 in attorney’s fees against both the borrowers and their attorneys. They hope to secure the same speedy result the second time around, providing finality for a client that endured four years of litigation and appeals after filing a garden-variety commercial foreclosure action.

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Cystic Fibrosis Foundation names Andrea Cox among the 40 Under 40 Outstanding Lawyers of Miami-Dade County

Arnstein & Lehr attorney Andrea Cox

Andrea Cox

Andrea Cox, a litigation partner in Arnstein & Lehr’s Miami office, has been named among the “40 Under 40″ outstanding lawyers of Miami-Dade County by the Cystic Fibrosis Foundation (CFF).

The Cystic Fibrosis Foundation’s “40 Under 40″ honors the rising stars of Miami-Dade County for their commitment to improving the community and for their dedication to providing outstanding legal service. Ms. Cox and the other recipients will be honored at the CFF benefit dinner on November 5.

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Randall Sidlosca interviewed for article on the Spanish-language Web site Terra on how September 11 has changed the U.S.

Arnstein & Lehr Attorney Randall L. Sidlosca

Randall L. Sidlosca

Arnstein & Lehr Miami Partner Randall L. Sidlosca was recently interviewed for an article that appears on the Spanish-language Web site Terra. The article focuses on how U.S. citizens now view ourselves and also how the world views us post 9/11. It also discusses the inter-agency cooperation that has developed after 9/11 as well as the increased security at the airports and the border crossings. The author goes on to state that Americans for the first time in history feel vulnerable to terrorist attacks. The article then reviews how this vulnerability has impacted the way we view ourselves.

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