ILN Today Post

Spotlight Award Book of Lists 2017/2018 Received by Kochański Zięba & Partners

Kochański Zięba & Partners law firm have received the SPOTLIGHT AWARD BOOK OF LISTS 2017/2018 WARSAW BUSINESS JOURNAL in the category: leading mergers and acquisitions advisory firm. KZP is recognized for exemplary advisory services provided to Redefine Properties Limited, South Africa-based real estate investment trust listed in the Johannesburg stock exchange market, during the acquisition of 75% of shares in Echo Prime Properties B.V. from Echo Investment S.A. The transaction value, the largest in the history of the Polish real estate market, amounted to PLN 5.3 billion.

According to the Jury, Kochański Zięba & Partners have once again demonstrated their expert knowledge of the legal aspects of international mergers and acquisitions as well as displaying an extraordinary knowledge of the commercial real estate market.

Read full article
ILN Today Post

First Circuit Requires Identifiable Injury for Claims Asserting Deceptive Retailer “Compare At” Prices

Consumer class actions alleging that retailers are using deceptive comparison pricing tactics online and in stores are becoming increasingly common under state consumer protection statutes and common law causes of action.

In these cases, a retailer’s success in making a motion to dismiss the action depends, in large part, on the jurisdiction in which the case is filed. The U.S. Court of Appeals for the First Circuit recently provided additional support for retailers operating under Massachusetts law by affirming the dismissal of two separate deceptive pricing class action complaints against national retailers Nordstrom and Kohl’s. In its opinions, the court held that the Massachusetts Consumer Protection Act (MCPA) and Massachusetts common law require an identifiable injury beyond a plaintiff’s subjective belief about the value the product he or she is purchasing.

Read More

Read full article

Referral Sources Held to be Protectable Legitimate Business Interests

The Florida Supreme Court ruled last week that referral sources in the home healthcare industry can be protected legitimate business interests under the state law governing non-compete agreements, thus finding enforceable such a restriction on a former marketing employee who left for a competitor.

Although the Florida statute in question (542.335) does not specifically list “referral sources” as one of the five categories of business interests subject to protection, the Court notes that those enumerated categories are prefaced by the phrase “including, but not limited to” thereby finding that the list is not meant to be exhaustive and may necessarily include other interests which may justify enforceability of a non-compete agreement.

Read full article

Hall & Wilcox advising purchasers of Newcastle’s cancelled Icon Central development

Leading national business law firm, Hall & Wilcox, is advising purchasers of Newcastle’s Icon Central on their rights.

The Icon Central development was a proposed $100 million apartment complex in Newcastle West, which has been scrapped by developer, Jemalong Property Group.

Read full article

Garden Leave Provisions Article Published With Practical Law Company

We just published an article with the Practical Law Company discussing garden leave provisions in employment agreements. With PLC’s permission, we have attached it here.

Read full article

9th Circuit Grants a Temporary Reprieve from Seattle’s Ridesharing Union Ordinance

As we have previously reported, Unions currently face a serious extensional threat as the unionized workforce in America continuously declines and the looming threat of a National Right to Work law steadily grows.  Recognizing that when employees have a choice, they are losing the battle for the hearts and minds, Unions have not taken these deleterious developments lying down and have deployed numerous countermeasures designed to increase their dues paying membership, including unprecedented forays into previously untouched industries and membership pools.  These efforts extend beyond “employees” as unions now are also targeting independent contractors, with one of the most notable being the robust ridesharing industry made popular by apps like Uber and Lyft.

Read full article
ILN Today Post

The Kissie Case

Alexandra Nilsson runs one of the most famous lifestyle blogs in Sweden where she writes about fitness and fashion. The blog has more than 120,000 readers every day.

The Consumer Ombudsman (Sw. Konsumentombudsmannen) has brought an action against Kissie accusing her for not having adequately indicated that the content which she is posting on her blog comprises marketing[1]. Kissie operates her blog via the company Kissie Media AB (“Kissie Media”). The Ombudsman claims that Kissie has given the impression that she is recommending a service as a consumer when the recommendation in reality comprises marketing in the operation of Kissie Media’s business. The Ombudsman demands that the court shall prohibit Kissie to publish such content and to not adequately indicate that content on her blog, Instagram or on other similar social media contains marketing.

Read More

Read full article

Federal Laws Do Not Preempt Connecticut Law Providing Employment Protections to Medical Marijuana Users

Connecticut employees using medical marijuana for certain debilitating medical conditions as allowed under Connecticut law for “qualified users” are protected under state law from being fired or refused employment based solely on their marijuana use. Employers who violate those protections risk being sued for discrimination, according to a recent federal district court decision.

Background

In Noffsinger v. SSC Niantic Operation Company (3:16-cv-01938; D. Conn. Aug. 8, 2017), the federal district court ruled that “qualified users” are protected from criminal prosecution and are not subject to penalty, sanction or being denied any right or privilege under federal laws, such as the Controlled Substances Act (CSA), the Americans with Disabilities Act (ADA) and the Food, Drug and Cosmetic Act (FDCA), because the federal laws do not preempt Connecticut’s Palliative Use of Marijuana Act (PUMA).

Read full article
ILN Today Post

Illinois: Efforts to repeal soda tax continue

There continue to be new developments in the seemingly never-ending fight over Illinois’ newly enacted soda tax, which just took effect on Aug. 2, 2017. The last time we visited this tax, the court had dismissed a lawsuit seeking to have the tax struck down, and the plaintiffs, including the Illinois Retail Merchants Association (IRMA) and several food markets, had filed their notice of appeal.

Since then, Cook County Board of Commissioners President Toni Preckwinkle spearheaded a county lawsuit against those same plaintiffs for $17 million in damages, on the grounds that their legal challenges, which delayed implementation of the tax by eight months, caused the county to lose revenue. On Aug. 8, 2017, she withdrew the suit, and released the following statement: “Now that the Appellate Court has rejected the emergency motion that would again prevent us from collecting the sweetened beverage tax, we believe we should move forward cooperatively and in good faith with the County’s retail industry.”

Read More

Read full article
ILN Today Post

Ohio: Plan to replace lost revenue chugs along

When Gov. John Kasich signed the budget legislation for the new fiscal year, which began on July 1, 2017, he vetoed a number of provisions, as we explained at the time. One of these was designed to help counties and transit authorities cope with the revenues that they were going to lose from the elimination of the sales tax on Managed Care Organizations (MCO). At issue is more than $600 million.

A fact sheet put out by the state, titled Responsibly Replacing the Medicaid MCO Sales Tax, notes that Ohio’s sales tax on MCOs, which is based on Medicaid payments that the MCOs receive from the state, has been in place since 2009. But in 2014, the federal Centers for Medicare and Medicaid Services (CMS) declared that as of July 2017, Ohio’s Medicaid MCO sales tax would no longer be a permissible taxing method used to draw down Medicaid matching funds from the federal government.

Read More

Read full article