Arnstein & Lehr Fort Lauderdale Partner Lori Adelson has published another article for WestlawNext in Practitioner Insights. The article, titled “Employee Has Remedies if Employer Violates FMLA,” discusses remedies for violations of the Family and Medical Leave Act, which include an award of damages and possible injunctive relief. Ms. Adelson writes that an employer is liable to eligible employees for compensation and benefits lost by reason of the violation, for other monetary losses sustained as a direct result of the violation, and for appropriate equitable relief, including employment, reinstatement and promotion.
Former Arnstein & Lehr General Counsel Arthur L. Klein retired from the firm, on December 31, after 49 years of serving Arnstein & Lehr. Mr. Klein joined the firm on April 15, 1963, at which time it was named Kahn, Adsit, and Arnstein. There were only 16 other attorneys in the firm at the time. He started his career as a corporate associate and a litigation associate and moved up the ranks to appellate partner, Executive Committee member, and hiring partner, and then finally general counsel. Our very best wishes go to Art for his dedication and excellent service! Chicago Partner Hal R. Morris will be our new general counsel.
The South Florida Legal Guide recently announced its 2013 list of top lawyers in Broward, Dade and Palm Beach Counties. Seven Arnstein & Lehr partners received recognition. In Miami they are Ronald R. Fieldstone, Phillip M. Hudson, III, Martin I. Kalish and Jeffrey B. Shapiro; in Fort Lauderdale they are James C. Brady and Franklin L. Zemel; in West Palm Beach they are Steven L. Daniels. Attorneys were chosen for the guide based on a peer nomination procedure. Arnstein & Lehr was also recognized as one of the top law firms in South Florida. The South Florida Legal Guide is considered the region’s premier legal services publication, launched as a convenient, easily accessible print and online resource for the region’s professional community.
To view the electronic version of the issue, please click here.
Testators often choose professionals such as lawyers or accountants to act as their executor because professionals possess useful skills. Many lawyers and accountants have experience dealing with the issues that arise in estate administration. Recognizing this, the testator sometimes includes a “charging clause” in the Will. This allows the professional to charge his or her professional fees for estate-related work. Against this background, an issue that arises is the relationship between the fees for professional services such as accounting and legal advice provided to the estate and fees for services that are normally expected from an executor.
Violation of a Non-Compete Agreement Which Was Fundamental to a Purchase and Sale Transaction Nixes the Deal
On December 21, 2012, the Supreme Court of New Hampshire, in Ellis v. Candia Trailers & Snow Equipment, Inc., found that a non-compete agreement was a fundamental component of a purchase and sale transaction which was memorialized in three separate agreements. The Seller began competing with Buyer shortly after the sale. After the Buyer did not follow through on purchasing all required assets of the Seller, the Supreme Court reversed the trial court’s decision to partially rescind the non-compete agreement, and instead decided that the non-compete was so essential to the transaction that it required complete rescission of the transaction.
Mark A. Spognardi and Jesse R. Dill co-author article for Inside Counsel on Michigan right-to-work law
Arnstein & Lehr Chicago Partner Mark A. Spognardi and Milwaukee Associate Jesse R. Dill recently published an article, “Michigan right-to-work law continues to put labor on its heels,” in the December 24 issue of Inside Counsel. In the article, they discuss that Michigan became the 24th state to pass “right-to-work” legislation on December 11, amid scenes of protest. The law means that public and private sector employers cannot require employees to become union members or pay union dues as a condition of employment.
To read the article in full, please click here.
Arnstein & Lehr Chicago Partner Barry A. Chatz and Associate Kevin H. Morse have coauthored another article for Thomson Reuters News & Insight, published on the Bankruptcy Law page on December 17. The article, titled “A step inside consumer bankruptcy,” examines issues affecting the administration of consumer bankruptcy cases and how the law is being applied in the consumer Chapter 7 and 13 contexts. Mr. Chatz and Mr. Morse comment on three issues: the retrieval of a debtor’s towed vehicle without having to pay the towing fee or for the bankruptcy filing; difficulties faced by Chapter 7 trustees and secured creditors when determining the value of property, who rely on a debtor’s schedules or imperfect internet sources; and the effect of the decrease used car price on the car financing market and on the lender’s ability to recover on its loan.
To read the article in full, please click here.
Arnstein & Lehr Chicago Partner Justin L. Weisberg spoke on a panel at the 2012 Construction SuperConference, held December 12-14 in San Francisco, California, at the Sheraton Palace Hotel. The panel discussion was titled “Re-Building America’s Infrastructure – An Inside Look at the New Contract Forms Released and Currently Being Developed By EJCDC from Traditional Design Bid Build to DBOM and P3.” Mr. Weisberg, along with his copanelist, discussed how public construction contracting is currently experiencing a time of extensive change, driven by the opposite forces of a significant need for public infrastructure improvements on the one hand with budget cuts and financial pressures on the other.
Arnstein & Lehr is pleased to announce that Miguel Diaz de la Portilla and Elinette Ruiz joined our Miami office Monday, January 7, in the Municipal & Governmental Practice Group. Prior to joining Arnstein & Lehr, Miguel was a shareholder and Elinette was an associate at the firm of Becker & Poliakoff in Miami.
Miguel joins us as a partner and concentrates his practice in the areas of government procurement, bid protests, zoning & land use, code enforcement, permit expediting, and property tax appeals on behalf of a wide range of clients. He is a Republican state senator representing District 40 in Miami-Dade County. Miami New Times recognized him as the “Best Lobbyist” in their annual Best of Miami rankings. He is also an accomplished civil litigator who has successfully represented clients in matters before State and Federal Courts, as well as before administrative bodies. Miguel also served two terms as a Miami-Dade County commissioner, including his service as chairman of the Miami-Dade Board of County Commissioners, where he created the Office of the Inspector General, the Miami-Dade County Expressway Authority, the Downtown Dadeland Charette, and the Community Zoning Appeals Board.