Epstein Becker Green to Participate in the 11th Annual National HR in Hospitality Conference & Expo

Epstein Becker Green is pleased to be participating in the 2017 National HR In Hospitality Conference & Expo at the Aria Hotel in Las Vegas on March 27-29, 2017.  EBG is sending two of its hospitality industry focused attorneys to represent the Firm, Jeffrey H. Ruzal and Steven M. Swirsky.

Jeff and his co-panelists will discuss the topic of new wage and hour regulations, which will be held on Monday, March 27, 2017.  This panel of hospitality employment law professionals will cover changes associated with the minimum salary for exempt employees, managing challenges of off-duty work like email and texts; setting up bonus structures, tracking hours; and responding to flexible workweek requests.   Panelists will detail their successes and challenges related to these topics, and offer up valuable actionable insights for your company.

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ILN Today Post

Howard & Howard welcomes H. William Burdett, Jr.

Royal Oak, Michigan, January 12, 2017: Howard & Howard Attorneys PLLC is pleased to announce that H. William Burdett, Jr. has joined the firm. He will practice out of the firm’s Royal Oak office.

Mr. Burdett concentrates his practice in commercial, probate, and free speech litigation in Michigan and across the country. He has tailored his practice to meet the needs of his diverse clientele. Be it private arbitration in Detroit, New York, Washington, D.C., or Chicago, high-stakes emergency injunctive actions to protect confidential trade secrets, or precedent-setting appellate cases, Mr. Burdett understands the impact of a strong litigation strategy in obtaining the best business results for his clients.

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Week of January 9, 2017 – A Roundup! 

roundupI’m off to the windy city tomorrow to meet with some fellow Legal Marketing Association members for the Your Honor Awards judging weekend! Your Honor Awards are considered to be the “Oscars” of legal marketing, and this weekend is when we take the individual judging work that we’ve been doing over the last several weeks (looking at more than 200 entries) and get together as a group to discuss who has been doing some of the most brilliant marketing of the past year in a variety of categories. It’s my third experience judging, and it’s always both fun and rather intense to go through all of the entries!

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Separability of Arbitration Clauses in Insurance Contracts in Ireland

Do such clauses survive if the contract is rendered void ab initio?

The issue of whether an arbitration clause in an insurance contract survives notwithstanding the fact that the contract itself is void ab initio is one which has exercised the courts in Ireland, and indeed England and Wales, for some time. While the Supreme Court in Ireland in 1995 appeared to hold that such arbitration clauses cannot be relied upon where the underlying contract has been deemed void or invalid, subsequent High Court cases and legislation enacted in 2010 appear to have established to the contrary and embedded what is known as the doctrine of separability into Irish law.

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‘Toxic’ survivorship clauses: does your Will contain one?

 

Do you have a survivorship clause in your Will?  Chances are you do, if you leave assets to someone outright in your Will.  The mischief that these clauses are designed to avoid is this.  If A gives a gift to B in his Will and B dies the day after A, B’s estate will get the gift and it will be B’s Will that decides where A’s gift ends up.  However, in these circumstances, A may have wanted someone else to get the gift instead (A may not like B’s choice of heirs!).  Survivorship clauses are meant to solve this problem.  They also prevent the delay associated with the same money being administered through two separate estates and can reduce the total Inheritance Tax bill on both estates. 
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‘Toxic’ survivorship clauses: does your Will contain one?

 

Do you have a survivorship clause in your Will?  Chances are you do, if you leave assets to someone outright in your Will.  The mischief that these clauses are designed to avoid is this.  If A gives a gift to B in his Will and B dies the day after A, B’s estate will get the gift and it will be B’s Will that decides where A’s gift ends up.  However, in these circumstances, A may have wanted someone else to get the gift instead (A may not like B’s choice of heirs!).  Survivorship clauses are meant to solve this problem.  They also prevent the delay associated with the same money being administered through two separate estates and can reduce the total Inheritance Tax bill on both estates. 
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Despite Expedited Fifth Circuit Review, the District Court Case Challenging the DOL’s Proposed Overtime Regulations Will Proceed

The District Court for the Eastern District of Texas has denied the U.S. Department of Labor’s application to stay the case in which the district court enjoined the DOL’s new overtime regulations. The DOL had asked the court for a stay while the Fifth Circuit Court of Appeals considered an interlocutory appeal of the injunction. 

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OSHA Amends Its Rule Requiring Employers to Keep and Maintain Records of Recordable Injuries and Illnesses for Five Years

On December 19, 2016, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a final rule amending its record keeping regulations, located at 29 C.F.R. Part 1904. The Amendment clarifies that a covered employer has an on-going obligation to create and maintain accurate records of recordable work-place injuries and illnesses. It did so in response to the decision in AKM LLC v. Secretary of Labor, 675 F.3d 752 (D.C. Cir. 2012).

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ILN Today Post

Staples Settles Consumer Class Action Over Deceptive Rewards Program Practices

Staples has agreed to pay $2 million to end a class action filed in California federal court alleging that the company engaged in deceptive rewards program practices.

In particular, the class action alleged that Staples misled consumers with respect to how (and how many) rewards points will be accrued when consumers apply coupons to their transactions. The high value settlement for the retailer illustrates the importance of having clear and transparent terms and conditions in place for rewards programs, and the need to align actual rewards redemption practices with both the terms as well as general advertising for the program.

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PLEADING PATENT INFRINGEMENT IN THE UNITED STATES?

Serious SecretaryHow do you plead patent infringement in the United States?  Can you survive a motion to dismiss if the defendant challenges the sufficiency of your complaint?  What should you do?

Let’s say your client has a United States patent that is believed to be infringed by another party.  You do not rely on the client solely for facts, but conduct your own investigation to meet a pre-filing due diligence.  You review the patent, prior art, and file history for claim construction.  You also review the accused infringing device both independently and with your client.  You prepare claim charts for all claims of the patent and apply elements of the claims to the accused infringing device in the claim chart.  You may even obtain an opinion of counsel that is reasonable, comprehensive, and competent such that a reasonable litigant could believe that an infringement claim could succeed based on the opinion.  This pre-filing due diligence will usually meet your obligation under Rule 11 of the Federal Rules of Civil Procedure.

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