May 20, 2013

OSHA Claims Its Severe Violator Enforcement Program is “Off to a Strong Start”

By Eric J. Conn

By Eric J. Conn, Head of the OSHA Group at Epstein Becker & Green

Introduction

OSHA recently issued a White Paper analyzing the first 18 months of its controversial enforcement initiative known as the Severe Violator Enforcement Program (“SVEP”).  Despite mounting evidence to the contrary, the White Paper somehow concludes that the SVEP is “off to a strong start,” and that it “is already meeting certain key goals,” including:

  1. Successfully identifying recalcitrant employers who disregard their OSH Act obligations; and
  2. Effectively allocating its follow-up enforcement resources “by targeting high-emphasis hazards, facilitating inspections across multiple worksites of employers found to be recalcitrant, and by providing Regional and State Plan offices with a nationwide referral procedure.”
Posted in Legal Updates | North America
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May 17, 2013

Third Circuit: President Obama’s Recess Appointments to the NLRB Were Unconstitutional

By Adam Abrahms of Epstein Becker & Green

By: Evan Rosen and Adam Abrahms

Yesterday, in a 2-1 decision, the Third Circuit Court of Appeals became the second appellate court to issue a ruling that President Obama’s recess appointments to the National Labor Relations Board (the “Board”) were constitutionally invalid because they did not occur during an “intersession recess” of the United States Senate.  The case comes a few months after the D.C Circuit’s ruling in Noel Canning, which similarly held that the recess appointments were invalid.  The Third Circuit and D.C. Circuit decisions, taken together, call into question the validity of a considerable number of decisions and rules that the Board has issued over the past few years.

Posted in Legal Updates | North America
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May 17, 2013

Trade Secret, Proprietary Information, & Regulatory Requirements Concerns Contribute To Veto of New Jersey Social Media Bill

By Michelle Capezza

By:  James P. Flynn

The New Jersey Legislature was overwhelmingly in favor of a measure that would have barred employers from obtaining social media IDs and other social media related information from employees and applicants. Click here for A2878 as passed. But Governor Chris Christie vetoed A-2878 because it would frustrate a business’s ability “to safeguard its business assets and proprietary information” and potentially conflict with regulatory requirements on businesses in regulated industries such as finance and healthcare. Click here for the Governor’s Veto Statement. While the Governor thought the bill well-intentioned, he conditionally vetoed it for painting “with too broad a brush,” citing the trade secrets/proprietary information concern as a primary motivation: “In view of the over-breadth of this well-intentioned bill, I return it with my recommendations that it be more properly balanced between protecting the privacy of employees and job candidates, while ensuring that employers may appropriately screen job candidates, manage their personnel, and protect their business assets and proprietary information.”

Posted in Legal Updates | North America
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May 17, 2013

Tark Grunte Sutkiene represented E.L.L. Real Estate, the owner of shopping mall Spice, in signing of the loan agreement for the amount of EUR 40 million

By Tark Grunte Sutkiene news

Andra Rubene, Partner and Head of M&A Practice Group in Latvia, Linda Štrause, Head of Baltic Corporate and Commercial Practice Group, and Māris Liguts, Senior Associate, member of the Banking and Finance Practice Group in Latvia, represented E.L.L. Real Estate, the owner of the shopping mall Spice, in signing of one of the most significant loan agreements with SEB bank in the Baltics in the recent years for the total amount of EUR 40 million.

Posted in Europe | News
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May 17, 2013

TARK GRUNTE SUTKIENE represented E.L.L. Real Estate, the owner of shopping mall Spice, in signing of the loan agreement for the amount of EUR 40 million

By Tark Grunte Sutkiene news

Andra Rubene, Partner and Head of M&A Practice Group in Latvia, Linda Štrause, Head of Baltic Corporate and Commercial Practice Group, and Māris Liguts, Senior Associate, member of the Banking and Finance Practice Group in Latvia, represented E.L.L. Real Estate, the owner of the shopping mall Spice, in signing of one of the most significant loan agreements with SEB bank in the Baltics in the recent years for the total amount of EUR 40 million.

E.L.L. Real Estate will use the loan for re-financing of its current obligations and development of new projects in the Baltics. The loan agreement is signed for a period of 5 years.

Posted in Europe | News
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May 16, 2013

Chambers and Partners Ranks HOMS (17.5.2013)

By Holmes O'Malley Sexton, Solicitors - RSS Feed

Holmes O’Malley Sexton’s Insolvency and Corporate Recovery unit have been ranked in the 2013 edition of Chambers and Partners Europe.

Comments about the firm included, “This Limerick-based firm advises parties on all sides of restructuring and insolvency situations. Areas of expertise include receiverships, personal bankruptcy, enforcement of security and examinerships. The team is instructed by the likes of BDO, Grant Thornto …

To View Entire Article  CLICK HERE…

 

Posted in Europe | News
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ILN Today Post
May 16, 2013

Lawyers Urge Bahamas To Recognise Living Wills

By Halsbury Chambers

Originally published in the Tribune 242

Bahamians too frequently overlook the certainty of death, top attorneys and a medical expert warning that the failure to leave their financial house in order can leave loved ones and family vulnerable.

It could also place an undue burden on family or doctors to make end-of-life life and death decisions in a country where living wills, so accepted elsewhere, are not legally recognised. More…

Posted in Legal Updates | North America
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ILN Today Post
May 16, 2013

MORE STATES BAR COMPANIES FROM DEMANDING ACCESS TO EMPLOYEES’ SOCIAL MEDIA ACCOUNTS

By Davis & Gilbert LLP

Nearly every state across the country is now considering, or has already enacted, legislation to prohibit employers from requiring employees and job applicants to provide access to their social media accounts, IDs or passwords. In addition, in some states, the legislation also extends to preclude universities from seeking this social media information from students or applicants. More…

Posted in Legal Updates | North America
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May 16, 2013

Franchises Alert: Ohio franchisors — Is your liquidated damages clause enforceable?

By McDonald Hopkins News

On October 31, 2012, the United States District Court for the Southern District of Ohio denied a franchisor’s demand for liquidated damages against two franchisees. The case, Leisure Systems, Inc. v. Roundup LLC, provides guidelines for determining whether liquidated damages clauses are reasonably correlated to potential actual damages that could result from a breach of the franchise agreement or whether such provisions constitute an unenforceable penalty.

Posted in Legal Updates | North America
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May 16, 2013

McDonald Hopkins Government Strategies Advisory: This Week in Washington–May 17, 2013

By McDonald Hopkins News

Second terms are notorious for generating scandals – regardless of the partisan political affiliation of the president. This week, President Obama faced a barrage of criticism over three separate dustups; the most significant – at least politically at this point – appears to be the admission of the Internal Revenue Service (IRS) that they singled out conservative groups for additional scrutiny.

Posted in Legal Updates | North America
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