ILN Today Post
May 4, 2012

Mortgage duty – counting down to switch off

By gadens

Mortgage duty is set to be abolished on 1 July 2012. New South Wales is the only Australian state yet to abolish the tax on secured lending arrangements.

Mortgage duty was originally scheduled to be abolished in NSW on 1 January 2011 in return for the state government’s share of GST revenue, but in 2007 the NSW Treasurer, The Hon. Michael Costa MLC announced measures to bring forward the abolition to 1 July 2009. That date was embedded into the Duties Act by amending legislation. However, in November 2008, the NSW Treasurer The Hon. Eric Roozendaal MLC released a mini budget announcing that the abolition of mortgage duty would be deferred until 1 July 2012. The Duties Act was then amended to state unequivocally that mortgage duty is abolished on and from 1 July 2012. More…

Posted in Asia Pacific | Legal Updates
Read full article
May 4, 2012

Court of Justice ruling on annual leave and sickness

By Miller Samuel

The Court of Justice of the European Union has recently given its judgment in case involving entitlement to payment for holidays that have not been taken due to sickness.

The Working Time Directive imposes an obligation on Member States to take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks. That minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.

Posted in Europe | Legal Updates
Read full article
May 3, 2012

The Times they are a-changing: Society Act Changes Proposed

By Mark Weintraub of Clark Wilson LLP

In the last several years we have seen  substantial changes to a number of important provincial statutes.  Recently, fundamental changes have been made to the Family Relations Act.  In  our  blog we have just recently commented on the proposed changes to the Limitation Act which will have significant implications for many British Columbians as to when they must commence a lawsuit.  Changes have already been made to the Power of Attorney Act and of course, there are further  far reaching changes proposed in the entire area of  Wills and Estate law in the legislative package known as WESA ( See some of  our  blog posts and articles in the Preservation section of  the Clark Wilson LLP website.)

But there is yet another set of proposed changes in legislation which applies to the governance of those non-profits that come within the Society Act’s legislative framework.

Posted in Legal Updates | North America
Read full article
May 3, 2012

Ohio Statehouse Update: Week in Review — May 4, 2012

By McDonald Hopkins News

 

1. Energy MBR bill changes

The Senate Energy and Public Utilities Committee accepted a substitute version of Senate Bill 315, Governor Kasich’s Mid Biennium Review (MBR) bill focusing on energy policy. A majority of the changes included in the sub bill deal with the Governor’s proposed changes to horizontal drilling regulations. 

Posted in Legal Updates | North America
Read full article
May 3, 2012

EEOC Propounds Guidance on Use of Arrest and Conviction Records in Employment Decisions

By Epstein Becker & Green

by Jeffrey M. Landes, Susan Gross Sholinsky, and Jennifer A. Goldman, with Teiko Shigezumi

The On April 25, 2012, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an enforcement guidance document titled “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et. seq.“ (the “Guidance”), with respect to employers’ use of arrest and conviction information in connection with employment decisions.

Posted in Legal Updates | North America
Read full article
May 3, 2012

Failure to Launch

By Raman Johal of Clark Wilson LLP

In the recent case of Fraik v. Pilon (BC Supreme Court), a daughter lived in her mother’s home for over 30 years. During that time, the daughter carried out some renovations but paid no rent and contributed little in the way of household expenses. During the period they lived together, mother and daughter had various discussions concerning the division of the property. At some point, the mother transferred an interest in the property to her daughter and eventually created a joint tenancy of the property. After this transfer, the mother severed the joint tenancy and left part of her share of the property to another child.

Posted in Legal Updates | North America
Read full article
ILN Today Post
May 3, 2012

There’s An App For That – But At What Cost?

By Davis & Gilbert LLP

The App Store has over 500,000 apps for work, play and everything in between. There are apps for news, finance, travel, social networking, games and everything else you can imagine. There is even a turkey call app for those who enjoy turkey hunting. (For the record, the authors of this article do not condone that activity – so please no letters!)

But at what cost are all these apps? For consumers, it is the loss of privacy. For members of the app industry, it is the constant scrutiny of their privacy and data collection practices on both the state and federal level. More…

Posted in Legal Updates | North America
Read full article
May 3, 2012

ARB Holds That After-Acquired Evidence Justifying Termination May Limit Back Pay Damages in Whistleblower Cases Under AIR21 Statute, Asks ALJ to Clarify Employer’s Burden of Proof

By Michael J. Slocum of Epstein Becker & Green

The Administrative Review Board (“ARB”) on April 27, 2012 held that where an employer charged with retaliation under the AIR21 Statute can point to evidence of misconduct by a whistleblower which would have justified termination, but which was acquired after the termination had already occurred, that evidence may be used to limit the period for which back pay damages are recoverable. Clemmons v. Ameristar Airways, Inc., ARB Case No. 08-067. The ARB remanded the matter to the Office of Administrative Law Judges (“OALJ”) to clarify whether the employer must prove that it would have terminated the employee based upon the misconduct by a preponderance of the evidence, or by the heightened “clear and convincing evidence” standard.   

Posted in Legal Updates | North America
Read full article
May 3, 2012

ARB Holds That After-Acquired Evidence Justifying Termination May Limit Back Pay Damages in Whistleblower Cases Under AIR21 Statute, Asks ALJ to Clarify Employer’s Burden of Proof

By Michael J. Slocum of Epstein Becker & Green

The Administrative Review Board (“ARB”) on April 27, 2012 held that where an employer charged with retaliation under the AIR21 Statute can point to evidence of misconduct by a whistleblower which would have justified termination, but which was acquired after the termination had already occurred, that evidence may be used to limit the period for which back pay damages are recoverable. Clemmons v. Ameristar Airways, Inc., ARB Case No. 08-067. The ARB remanded the matter to the Office of Administrative Law Judges (“OALJ”) to clarify whether the employer must prove that it would have terminated the employee based upon the misconduct by a preponderance of the evidence, or by the heightened “clear and convincing evidence” standard.

Although Complainant Had Proved Retaliation, Respondent Argued That Evidence of Improper Email Communications Would Have Resulted in Legitimate Termination

Posted in Legal Updates | North America
Read full article
May 3, 2012

Let’s Talk Twitter: An LMA Social Media SIG Webinar

By Lindsay Griffiths of ILN

Today, I had the pleasure of sitting in on a webinar presentation from my friends Nancy Myrland of Myrland Marketing and Lance Godard of JD Supra. The Social Media Special Interest Group for the Legal Marketing Association has been putting on monthly webinars, and this month’s focused on Twitter.

Since it is a member benefit, I won’t give all the secrets away, but I did want to offer the highlights: 

Posted in Zen & the Art of Legal Networking
Read full article
  3. 1
  4. ...
  5. 215
  6. 216
  7. 217
  8. 218
  9. 219
  10. 220
  11. 221
  12. ...
  13. 439