News

US Supreme Court Says Service By Mail in Canada is Okay

Water Splash Inc. v. Menon, 2017 No. 16-254, Supreme Court of the United States 581 U. S. ___ (2017)

The plaintiff, Water Splash Inc., is a corporation that produces aquatic playground systems.  The defendant, Tara Menon, is a former employee of Water Splash.  In 2013, Water Splash sued Menon in State Court in Texas, alleging that she had begun working for a competitor while still employed by Water Splash. 

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Uber’s Self-Driving Car Legal Fight With Waymo Headed to Court

USA Today interviewed Stradling shareholder Jason de Bretteville, a former assistant U.S. attorney and chair of the firm’s white-collar criminal defense practice, for a story about Waymo’s suit against Uber in which Waymo, Google’s autonomous car company, claims that its former self-driving car expert, Anthony Levandowski, stole 14,000 files related to Google’s proprietary technology before starting a competing company, Otto, which Uber bought in 2016 for $670 million. In a setback for Uber, Judge William Alsup referred the case to the U.S. Attorney for an investigation of possible theft of trade secrets by an Uber executive.

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Aliette DelPozo Rodz Addresses Protection of Companies’ Trademarks in Cuba

In an article published in the May 2017 issue of Cuba Trade Magazine, partner Aliette DelPozo Rodz explains the challenges regarding Cuba’s “first-to-file” trademark system and the differences from the United States’ “use-based” trademark system. In an effort to reduce bad-faith applications for trademarks of U.S. brands prior to the U.S. company’s filing its application, Aliette urges U.S. companies to protect their intellectual property now.

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Four Howard & Howard attorneys named to several committees within Illinois State Bar Association

Royal Oak, Michigan, May 23, 2017: Howard & Howard Attorneys PLLC is pleased to announce that several of our attorneys have been appointed/reappointed to various committees within the Illinois State Bar Association for the 2017-2018 term.

The attorneys and their appointments/reappointments are as follows:

Timothy D. Gronewold has been reappointed to serve as a Member on the Labor & Employment Law Section Council.
Thomas E. Howard has been reappointed to serve as a Member of the Standing Committee On Judicial Evaluations – Outside Cook County and the Commercial Banking, Collections & Bankruptcy Law Section Council.
Timothy J. Howard has been appointed to serve as Chair of the Senior Lawyers Section Council.
Michael R. Lied has been reappointed as a Member of the Standing Committee on Continuing Legal Education.
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Cook County Sick Leave Poster and Draft Regulations Are Available

E. Jason Tremblay

E. Jason Tremblay

In anticipation of the upcoming effective date (July 1, 2017) of the Cook County “Earned Sick Leave” Ordinance, the Cook Commission on Human Rights recently published the mandatory poster required to be posted by all employers covered by the Ordinance. A copy of the poster is available here.

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EB-5 Update – Extension and Current Senate Bills

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

It is common knowledge the EB-5 investor program received extensions through September 30, 2017. Accordingly, until further changes happen, the existing program will remain in place.

There are currently two (2) key bills that have been presented. One is the Grassley Bill, which is a modification of the old Senate 1501 Bill proposed back in June of 2015 by Senators Grassley and Leahy. The active call “American Job Creation and Investment Promotion Reformat to 2017.” The other bill was proposed by Senator Cornyn of Texas, which has also been submitted in the Senate. Basically, the two (2) factions which represent rural/urban interest are negotiating immigration points that in effect include the following:

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Patrick T. Clendenen Presents at 15th Annual Business Bar Leaders Conference

On May 19, Davis Malm shareholder Patrick T. Clendenen, moderated the panel, “Leadership Development: How to Make It Work in Your Organization,” at the American Bar Association’s (ABA) 15th Annual Business Bar Leaders Conference in Chicago. Mr. Clendenen, Secretary of the ABA’s Business Law Section, led an interactive discussion on leader training and development, and on aspects of leadership development specific to a volunteer professional organization. Joining him on the panel were Christopher Rockers, Chair-Elect of the Business Law Section, and the Honorable Jean FitzSimon, United States Bankruptcy Court Judge for the Eastern District of Pennsylvania.

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Großer Erfolg für KÜBLER: Dr. Breitenbücher beim 17. deutsch-chinesischen Rechtsstaatssymposium in China

Durch das Bundesjustizministerium wurde Dr. Bettina E. Breitenbücher eingeladen, beim 17. Symposium im Rahmen des deutsch-chinesischen Rechtsstaatsdialogs in China ein Impulsreferat zum deutschen Insolvenzrecht zu halten. Das hochkarätig besetzte Symposium diente dem Austausch zur Rechtsfortentwicklung in beiden Staaten.

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Michigan: $1B brownfield development incentive package passed

Now awaiting Gov. Rick Snyder’s signature is a series of bills calling for significant investment, by way of funding and tax incentives, for blighted and otherwise functionally obsolete land in the state. The goal is to make property that has been declared a public nuisance, a fire hazard, or similarly dangerous or unfit for its intended use economically viable once again.

THE LEGISLATION

Senator Ken Horn, the primary sponsor of SB 111, introduced the main bill in February. It passed to the House that same month, was amended there, and sent back to the Senate in early May. On May 9, 2017, the final version passed in the Senate with a 32 to 6 vote.

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Appointment of Receiver by way of Equitable Execution over Single Farm Payment Funds

A particular execution remedy available to lending institutions with specific reference to situations involving periodic or lump sum payments such as Single Farm Payment funds (“SFP”), has come before the Commercial Court recently, with surprising results.

In respect of the entitlement to access the SFP, there are essentially two options available to a creditor or receiver. First, such funds may be amenable to attachment by garnishee order, as would be the case with any funds coming to the debtor via a third party. A garnishee order operates to direct the third party to pay a specific sum of money to a creditor. It effectively allows a creditor to collect funds owed by a debtor by accessing the debtor’s property when it is in the hands of a third party. In such circumstances, where a garnishee order is secured, the funds sought would be paid directly by the third party to the creditor.

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