Monthly Archives: February 2012

Steve Malitz successfully represents shareholder in suits brought against his client by a fellow shareholder

Arnstein & Lehr Attorney Steven N. Malitz

Steven L. Malitz

Arnstein & Lehr Chicago Partner Steven N. Malitz successfully represented a shareholder in two separate suits brought against him by his fellow shareholder. The two shareholders were founders and co-owners of a national goods business for many years. Although Mr. Malitz’s client had expanded the goods business into a foreign country to the benefit of both shareholders, the other shareholder accused Mr. Malitz’s client of dedicating his efforts to an unrelated, foreign business, though he had previously authorized such involvement. The other shareholder then denied his client physical and financial access to their business, eliminated his compensation, canceled his benefits, raided the corporate coffers, and sued to dissolve the business to start a competing business. He also sued Mr. Malitz’s client for an ownership interest in and distributions from the foreign business.

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Ronald R. Fieldstone to speak at EB-5 Finance and Investment Forum in Miami

Arnstein & Lehr Attorney Ronald R. Fieldstone

Ronald R. Fieldstone

Arnstein & Lehr Miami Partner Ronald R. Fieldstone was mentioned in a February 19 article in Daily Markets.com titled “2nd Annual EB-5 Finance And Investment Forum’ Comes To Miami On March 20, 2012.” Mr. Fieldstone will be a speaker at the forum, which focuses on the latest happenings in the EB-5 Regional Center Program as well as opportunities in the overseas capital markets, especially in China and Korea. The conference will be centered on the Immigrant Investor Program, known as ‘EB-5,’ seeks to stimulate the U.S. economy through job creation and capital investment from wealthy immigrants, while providing those immigrants a practical green card alternative.

For more details, click here.

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Lori Adelson writes article for General Counselor blog on amendments to FMLA regulations

Arnstein & Lehr Lori Adelson

Lori Adelson

Fort Lauderdale Partner Lori Adelson authored the article titled “DOL issues notice of proposed rulemaking to amend FMLA regulations,” which appeared in the February 20 edition of General Counselor. In the article, Ms. Adelson discusses how the proposed changes to the Family Medical and Leave Act would affect military leave and how it includes new provisions for certain airline employees, who would otherwise be ineligible for leave.

To read the post in full, please click here.

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Jeffrey A. Backman and Alan G. Kipnis obtain favorable appellate decision

Arnstein & Lehr Attorney Jeffrey A. Backman

Jeffrey A. Backman

Arnstein & Lehr Attorney Alan G. Kipnis

Alan G. Kipnis

Arnstein & Lehr Fort Lauderdale Partners Jeffrey A. Backman and Alan G. Kipnis succeeded in obtaining a favorable appellate decision recently for their client, Keybank National Association, in Florida’s District Court of Appeal, Fourth District. A final judgment had been rendered against their client following a hearing on their motion for writ of replevin. The hearing was not noticed for, nor intended to be, a trial or final adjudication on the merits. The parties had a made a jury trial demand, however the trial court concluded that the firm’s client was not entitled to possession of the property and entered a final judgment in favor of the defendant. Mr. Backman and Mr. Kipnis appealed, arguing that their client were deprived of due process and a right to a trial. The Fourth District Court of Appeal agreed and reversed the entry of final judgment.

To read the decision in full, please click here.

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Emotions Are No Substitute For Facts

It’s no secret that restrictive covenant and trade secrets claims are sometimes used as leverage in business disputes. However, the recent case of Sean Morrison Entertainment v. Thompson, et al. (pending in Chicago federal court as Case No. 11-cv-2462) serves as a reminder that the need for leverage does not obviate the need for a good faith basis for any claim that is filed.

Apparently, the dispute in that case began when a TV production company called Sean Morrison Entertainment (“SME”) hired a number of mixed martial arts fighters to participate in a reality TV show. After the show was filmed, the fighters sued SME in Wisconsin claiming that they had not been paid for their work. SME responded by filing a separate suit in Chicago federal court against both the fighters and the lawyers that represented them in the Wisconsin case, accusing them of stealing SME’s trade secrets.

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Summary of benefits for group health plans and regulations issued

 

Background

One requirement under the legislation collectively referred to as Health Care Reform mandates that group health plans and health insurance issuers offering group health plans provide a written Summary of Benefits and Coverage (SBC) for each group health plan option offered.

Recently, the Internal Revenue Service (IRS), the Department of Labor (DOL) and the Department of Health and Human Services (HHS) (the Agencies) jointly issued final regulations dealing with the technical requirements for these SBCs. 

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ILN Today Post

News You Can Use: Handling IP assets in your estate plan

Lommen Abdo’s January/February 2012 e-newsletter is fresh off the virtual presses with news about:

New attorneys (Greg Perleberg and Jeff O’Brien) and new practice group leaders — check out what’s happening in Lommen Abdo’s business practice!

Lommen Abdo helps make child’s wish come true.

Sharing knowledge, experiences and business tips are keys to success of Lommen Abdo’s seminars, whether addressing closely held companies or entertainment issues.

Buying music to own — like physical records and CDs — is a disappearing concept. Learn what Ken Abdo has to say about the new music business.

And there is a lot more news about Lommen Abdo and our clients. Click on the link above. Please let us know if you have questions, if we may be of assistance in any way or if you have suggestions for future newsletters. Enjoy!

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ILN Today Post

Foreign Lawyers Permitted “Fly-in and Fly-out” Practice in India.

The Hon’ble Madras High Court (“MHC”) on January 21, 2012 disposed of a writ petition seeking a permanent ban on foreign firms and foreign lawyers allegedly practicing in India and forbearing them from having any legal practice either on the litigation-side or in the field of non-litigation and commercial transactions, in any manner within the territory of India. The petitioner impleaded 31 foreign law firms along with the Law Department, Home Department, Finance Department, Department of External Affairs, Income-tax Department, the Reserve Bank of India and a few bar councils in the array of respondents, who argued the matter extensively before the MHC.

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EEOC reports provide insight for employers

The Equal Employment Opportunity Commission (“EEOC”) had a busy month in January 2012 issuing two key reports about agency activity.   Employers should take note of what the EEOC had to say in those reports for insight into where the Agency’s been and where it’s going.

Report on FY 2011 EEOC statistics

The EEOC released its FY 2011 enforcement and litigation statistics revealing that 2011 was a record year for charges of discrimination.  EEOC charges hit an all-time high with 99,947 charges filed.  Following FY 2010’s trend, the largest number of charges– 37.4%–were based on claims of retaliation under all EEOC enforced statutes.  Charges were also up for sex, disability, and age discrimination.  The report also revealed that merit lawsuits brought by the EEOC under the Americans with Disabilities Act nearly doubled in 2011—the highest percent increase of any category.

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Partner Hannes Vallikivi and senior associate Piret Luiga start a series of lectures on IP and technology law

TARK GRUNTE SUTKIENE partner Hannes Vallikivi and senior associate Piret Luiga will give a series of lectures on IP and technology law to students enrolled in the master’s programme in Design and Development of Virtual Environments at Tartu University’s Viljandi Culture Academy in the spring semester of 2012. The lectures will focus on topics which all entrepreneurs developing or marketing intellectual and creative products or services in the IT sector must be familiar with in the first development phases of their business. The students will be introduced to the fundamentals of company and labour law as well as to the possible legal risks associated with the involvement of employees, cooperation partners and investors in a project. Much attention will also be paid to intellectual property protection and technology law issues.
More information on the master’s programme in Virtual Environments is available at www.ddve.ee

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