ILN Today Post

E&A PARTNER JAN E. FRYDMAN APPOINTED SPECIAL ADVISOR TO THE SWEDISH EU COMMISSIONER CECILIA MALMSTRÖM

The European Commission has today appointed Swedish lawyer Jan E. Frydman as Special Adviser for Trade Policy and Transatlantic Affairs for Sweden’s EU Commissioner, Cecilia Malmström. Jan Frydman is a partner at Ekenberg & Andersson law firm in Stockholm where he leads the Firm’s EU and transatlantic practice.

Thomas Ekenberg, Senior Partner at Ekenberg & Andersson, said: “We are all glad that Jan, as the only Swedish attorney in such a role, has been appointed Special Advisor to the European Commission. With his vast experience in international trade matters, Jan will support Sweden’s EU Commissioner and contribute to the successful implementation of the EU’s trade agenda, not least the important negotiations now under way for a Transatlantic Trade and Investment Partnership (TTIP). With continued globalization and increased trade, trade law will become increasingly important, and our Firm is able to offer unique expertise in this area.” More…

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Managing the transition: the impact of Canada’s new Trademarks Act on pending trade-mark applications

The recent amendments to Canada’s Trade-marks Act present many interesting opportunities and challenges to brand owners and their counsel.  This article focuses primarily on the impacts for Canadian trademark applications that are pending at the time the amended Act comes into force—that is, applications that have been filed with the Canadian Intellectual Property Office (CIPO) but that have not yet issued to registration.

As a preliminary comment, there is, unfortunately still no clarity about when the amendments to the Act will come into force. When the amending legislation was passed, CIPO initially indicated that the effective date could be as early as late 2014; subsequent projections were revised to mid-to-late 2015. More recent comments from CIPO suggest that mid-2016 is a more realistic timeframe.  The delay is apparently related to the magnitude of the IT changes required, particularly as connected to implementation of the Madrid  Protocol, to which Canada is becoming a party.

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SAMUEL B. MOSKOWITZ RESPONDS TO BOSTON BUSINESS JOURNAL ARTICLE REGARDING CIVIL LEGAL AID IN MASSACHUSETTS

On March 6, The Boston Business Journal published a letter by Davis Malm shareholder Samuel B. Moskowitz in response to the article, “Advocates call for a $10M increase next year in Mass civil legal aid budget.” Mr. Moskowitz commented that the article created an inadvertent misperception of legal aid and its recipients. Click here to read his full response.

The article Mr. Moskowitz refers to originally appeared in the January 30 online publication of the Boston Business Journal.

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Lidings Further Strengthens Dispute Resolution Practice with the Appointment of New Partner

Lidings is pleased to announce the appointment of Sergey Kislov as partner within the Dispute Resolution practice of the firm’s Moscow office. Sergey has extensive experience in bankruptcy and insolvency proceedings, as well as advising clients on corporate conflict prevention, business restructuring and sales of distressed asset. His professional portfolio boasts over 150 successful cases in arbitrazh courts and courts of general jurisdiction. He will become the third partner in Dispute Resolution, one the firm’s key practice areas.

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Teamsters and Technology II – Labor’s “Silicon Valley Rising” Campaign

Last week we reported on the fact that Teamsters Local 853 and Loop Transportation had completed negotiations for a first collective bargaining agreement covering a unit of shuttle bus drivers who provide transport for employees of Facebook.  We pointed out that employers in technology, media and telecommunications were facing union organizing targeting employees of their vendors and suppliers for transportation, maintenance, food service and the like, that threatened to enmesh such employers as a consequence of unions gaining recognition of their vendors’ and suppliers’ employees. We also noted that with the NLRB’s expected broadening of its standards for finding joint-employer relationships to exist, that the risks were increasing that they would be held to be joint-employers of the suppliers’ personnel.

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Five Steps Toward Boosting Employee Safety and Avoiding OSHA Citations

I recently authored Epstein Becker Green’s March issue of Take 5 in which I outline actionable steps that employers can take to improve safety and avoid costly OSHA citations. Take 5 banner

Following is an excerpt:

The Occupational Safety and Health Administration (“OSHA”) was created by Congress to ensure safe and healthful working conditions for employees. OSHA establishes standards and provides training and compliance assistance. It also enforces its standards with investigations and citations.

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Strategic Use of Arbitration Agreements in FLSA Context Gets Boost

In a case that has strategic implications for employers’ use of arbitration agreements in response to collective claims brought under the Fair Labor Standards Act (“FLSA”), the Eighth Circuit has held that former servers at an Arkansas pizzeria chain lack standing to challenge the pizzeria’s enforcement of an arbitration agreement that bars current employees from joining the FLSA collective action.  Conners v. Gusano’s Chi. Style Pizzeria, No. 14-1829 (8th Cir. Mar. 9, 2015).

In Conners, the plaintiff filed a proposed collective action lawsuit on behalf of herself and other restaurant servers, alleging Gusano’s maintained an illegal tip pool in violation of the FLSA.  One month later, Gusano’s distributed a new arbitration agreement to all current servers which required individual arbitration of all employment disputes, including Conners litigation.

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Larry Yen attends the Multicultural Advisory Council’s Chinese Business Community Consultation

This afternoon, Larry Yen is attending the Multicultural Advisory Council’s Consultation to explore the Chinese business community’s views on best practices when BC hosts trade delegations from China and how to best demonstrate BC’s cultural assets.

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Week of March 9, 2015 on ILNToday – A Roundup!

It’s hard to believe that we’re already almost halfway through March, and that means the first quarter of the year is almost finished – how are you doing on your 2015 goals so far?

We’re rocking and rolling on our 2015 plan so far, but there’s a lot more to do! So while I’m off to the next thing, I’ll leave you with this week’s top posts from ILNToday!

 

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ILN Today Post

Back to basics – the 1954 Act

This article is taken from the latest edition of Fladgate’s Footfall Update. Please email the marketing team on marketing@fladgate.com to be added to the mailing list for future updates.

A good working knowledge of the basics of the Landlord and Tenant Act 1954 is never a bad thing when you are a tenant or an occupier of a property. Knowing your basic rights can often benefit you greatly in discussions with landlords, investors, funders, etc. More…

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