ILN Today Post

Investor’s Guide 2015


For the last ten years, Lavrynovych & Partners Law Firm has been supporting the leading foreign companies and investors, sharing our knowledge and high-level expertise with them. Now, we are pleased to present the first edition of the Investor’s Guide.

This guide provides a summary of the Ukrainian legal system from the point of view of foreign investors who are accustomed to addressing similar legal questions prior to deciding whether to invest in Ukraine. More…

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Proposed DOL Rule To Make More White Collar Employees Eligible For Overtime Pay

More than a year after its efforts were first announced, the U.S. Department of Labor (“DOL”) has finally announced its proposed new rule pertaining to overtime. And that rule, if implemented, will result in a great many “white collar” employees previously treated as exempt becoming eligible for overtime pay for work performed beyond 40 hours in a workweek – or receiving salary increases in order that their exempt status will continue.

In 2014, President Obama directed the DOL to enhance the “white collar” exemptions to the Fair Labor Standards Act (“FLSA”), which currently exempt from overtime some employees who earn $455 per week, or $23,660 per year.  The DOL’s proposed rule would more than double the salary threshold for an executive, administrative or professional exemption to apply, increasing it to $970 per week, or $50,440 per year.  In addition, the highly compensated employee exemption would increase from $100,000 to $122,148.  Not unimportantly, pursuant to the proposed rule, These salary figures would automatically adjust for annual inflation.  

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iStock_000015783236XSmallThe transmission of live events through video-streaming apps Periscope and Meerkat is raising concerns among rights holders. Advances in both legal and technological tools will be needed to effectively combat unauthorized transmissions.


Although people have been using smartphones to shoot videos they share on social media platforms for some time, live video-streaming apps such as Periscope and Meerkat are bringing live videos to mass audiences like never before.  Since Meerkat emerged on the scene as the darling of the 2015 South by Southwest Interactive conference, the media and marketing communities have been buzzing over the potential and pitfalls of live video-streaming apps.  That buzz reached a fever pitch in May when the highly anticipated boxing match between Floyd Mayweather Jr. and Manny Pacquiao became the first high profile live sporting event to suffer a blow from rampant piracy on Meerkat and its competitor, Periscope.

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ILN Today Post

A must-have checklist for content creators

Most PR firms are expanding their content creation services at an unprecedented rate. They are increasingly focused on creative brand storytelling across numerous paid, earned, and owned media platforms. These transformations are occurring so quickly that many agencies have not fully trained their account teams about the legal issues that arise in providing creative services and, specifically, in content creation. With this in mind, allow me to present the following marketing law checklist. It has been crafted to serve as an ongoing training tool and resource for PR professionals. More…

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Rainmaking Recommendation from Jaimie Field: Halfway There or Halfway Gone? (And an Offer)

It’s hard to believe that it’s already July 1st, but here we are! And that means it’s not only time for a rainmaking recommendation from expert Jaimie Field, but also that she’s talking about being halfway through 2015.


Look at the calendar!  Are you as shocked as I that half a year is already in the history books?
Today officially begins the last six months of the year.  To be brutally honest, particularly with myself, I haven’t accomplished all of the goals I have set out to achieve up to this point this year.  I re-read my Rainmaking and Goal plan last night and realized that some of the items on it have fallen into the black hole that is normal life.  Some of these include personal goals (like to work out on a consistent basis), and
some include my business goals.
The good news:  There is still 6 months left to revise your goals and achieve the objectives you would like to complete.
The bad news:  If you haven’t written a goal plan for yourself and start taking action on the strategies you set for yourself, you are going to wind up at the end of December exactly where you are right now. Think about that for a moment.  You have the opportunity, right this second, to start moving in the direction you want to go.  Are you going to take the time to design your practice (and your life) or are you going to let the day-to-day craziness propel you in a different direction?
As Jim Rohn once said:
If you don’t design your own life plan, chances are you’ll fall into someone else’s plan. And guess what
they have planned for you? Not much.”
The Offer:
If you have never had a Rainmaking Planning Session with me, here is your opportunity.  I have 25 appointments available in July and August that I am offering free of charge.  During this complimentary 45 minute session, there are three things I promise:
  • You will learn how to write an easy, effective and ethical Rainmaking Plan,
  • You will get at least one Rainmaking Tactic you can use immediately (usually more), and
  • Absolutely no sales pitch at all.
The Terms and Conditions (You know, the boring legal stuff we always include as attorneys):
  • It is only open to the first 25 Attorneys who respond to this offer by sending an email to and who are licensed to practice law in the United States of America.
  • You must have not received a training session in the past.
  • The training session must occur between July 1, 2015 and August 31, 2015 and will be conducted by telephone.  A mutual time will be determined by email.
  • You must be truly want to become a better Rainmaker and are willing to do the work – I cannot do it for you.  (However, I can coach you on how to create relationships, find the places to meet new clients, and obtain new business.)
  • This offer ends after the first 25 Attorneys who reply or on Monday August 31, 2015 at 5:00PM EDT whichever comes first.
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ILN Today Post

Shutts & Bowen Attorneys Recognized as Leading Lawyers for Business in 2015 Chambers USA Guide

Fourteen partners across five practice areas at Shutts & Bowen have been named as top lawyers in their fields in the 2015 edition of Chambers USA: America’s Leading Business Lawyers.

Chambers & Partners, publisher of the annual guide, have a full-time staff of researchers who conduct in-depth, objective research when ranking the best law firms and lawyers. No lawyers are ranked unless they have strong recommendations from the market. Their research includes interviews with practicing attorneys and clients. The attorneys were recognized for excellence in the following practice areas: More…

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ILN Today Post

Extending unfair contract term protections to small business

The Australian Securities and Investment Commission Act 2001 (Cth) (ASIC Act) and theCompetition and Consumer Act 2010 (Cth) (CC Act) each contain provisions protecting consumers from unfair terms, by providing that unfair terms in standard form consumer contracts are void.

Extending unfair contract term protections to small business contracts

On 24 June 2015, a Bill was introduced into Federal Parliament to amend both the ASIC Act and the CC Act to extend these provisions to small business, by providing that unfair terms in standard form small business contracts are also void.  More…

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As Promised, OSHA Targets Health Care and Nursing Homes for Enforcement Actions

As previously discussed, OSHA has been carefully scrutinizing the health care industry lately.  And on June 25, 2015, OSHA officially introduced a new compliance nightmare for the inpatient health care and nursing home industries by announcing the details of the agency’s new health care enforcement initiative in a memorandum from Dorothy Dougherty, Deputy Assistant Secretary of Labor for Occupational Safety and Health, to OSHA Regional Administrators and State Plans. The memorandum is entitled “Inspection Guidance for Inpatient Healthcare Settings” (“guidance memo”).

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Playing Nice: CIPO to accept applications with Nice Classifications this fall

In a milestone step towards harmonization of Canada’s trade-mark regime with most other developed countries, the Canadian Intellectual Property Office (CIPO) announced yesterday that starting this fall, it will accept trade-mark applications filed with goods and services classified using the Nice Classification system.

According to CIPO’s announcement, there will be changes to its website to take advantage of the use of Nice Classification.  In particular, the Goods and Services Manual will be redesigned to facilitate classification of goods and services, and the search capability of the CIPO online database will be updated to allow for searching within specific classes.

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Recovery of Documents Prior to Substantive Court Action

A court case will invariably come down to a question of fact, or a question of law – or, if you are particularly unlucky, a mixture of both.  Questions of law can be decided by way of legal debates, with solicitors or advocates arguing over the particular word choice of a judge who has long since passed away.

Questions of fact, whilst less glamorous, can be equally important.  For instance, imagine that you have hit a pothole in the road, which has badly damaged your car.  You hear from a friend at the local council that the council was well aware of the severity and location of the pothole, and had records of other drivers hitting the same pothole some months ago.  Your friend says that the council simply forgot to fix it.

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