ILN Today Post

Rights to light claim – Developer’s “un-neighbourly” conduct results in an injunction


The Court of Appeal upheld an injunction against a developer sought by a neighbour whose right to light had been infringed by an external staircase which the developer had erected in breach of an undertaking it had given to the neighbour. The Court dismissed the developer’s appeal and held that, in the circumstances, the County Court had been entitled to grant an injunction requiring the developer to remove the staircase, rather than pay compensatory damages.

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ILN Today Post


The National Consumer Disputes Redressal Commission (“NCDRC”) is frequently allowing much needed relief to the homebuyers in India in cases of delays in delivery and defaults by the builders/developers (“builders”).

In this article, we discuss the pragmatic judicial approach of the NCDRC in its two full bench judgments. These judgments rule out the technical objections (frequently raised by the builders in consumer complaints) that have often troubled the homebuyers and delayed the adjudication process.

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NY Court of Appeals Limits Liability for Discrimination Based on Criminal History to Employers, and Non-Employers Who Aid or Abet Such Discrimination

As a follow-up to our blog post from April 24, 2017, the New York Court of Appeals has issued its decision in Griffin v. Sirva, addressing the questions certified by the U.S. Court of Appeals for the Second Circuit regarding the scope of liability for employment discrimination based on an individual’s criminal history under the New York State Human Rights Law (“NYSHRL”). In its May 4, 2017 opinion, the Court of Appeals held that only a worker’s employer may be liable for direct discrimination under NYSHRL § 296(15), while other entities who do not qualify as employers may be liable for aiding and abetting an employer’s discriminatory acts under NYSHRL § 296(6).

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Avoiding Fraud and Abuse in Health Care Lending Arrangements

A recent settlement demonstrates the importance of compliant structuring of lending arrangements in the health care industry. The failure to consider health care fraud and abuse risks in connection with lending arrangements can lead to extremely costly consequences.

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NLRB Affirms That An Employer Has The Right To Defend Itself Against Attacks On Its Workplace Rules

As we recently reported, Dish Network, LLC unwittingly fell into the trap of a stipulated record, which proved fatal to its defense of a confidentiality admonishment issued to a suspended employee. The stipulated record in Dish Network, LLC did not set forth any business justifications for the confidentiality admonishment – an indispensable element in proving the lawfulness of such orders. Dish Network endeavored to cure this deficiency in its post-hearing brief, but the Board rejected its belated effort, in part, because the stipulated record was silent on this issue. This case served as a reminder that employers should exercise extreme caution before submitting to a stipulated record and voluntarily curbing their ability to proffer contextual evidence at a hearing to justify its workplace rules.

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California Supreme Court Gives Employers a Break on “Day of Rest” Laws

It is no secret that California’s wage-hour laws are complex and often raise questions that employers, employees and the courts struggle with. As we wrote here more than a year ago, faced with questions regarding California’s ambiguous “day of rest” laws, the Ninth Circuit Court of Appeals threw up its hands and asked the California Supreme Court to clarify those laws.

Among the questions to be answered was one that impacts a great many employers, particularly those in the retail and hospitality industries – does the requirement that an employee be provided a “day of rest” apply to each workweek (such that an employee could be scheduled to work 12 consecutive days over two workweeks), or does it apply to each rolling, 7-day period (such that employees could never be scheduled to work more than 6 consecutive days)?

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Intel Gets Extraverted

In the last few years, Intel’s advertising has become a lot less inward-focused. For decades, the company’s “Intel Inside” campaign directed consumers’ attention to the chips that Intel puts inside electronic devices. While that campaign (with its instantly recognizable bong-bong-bong jingle) helped make the company what it is today, Intel hasn’t been content to rest on its success. This is a company with innovation in its DNA, after all.

With new CMO Steve Fund at the helm, Intel has added an outward looking element to its Intel Inside message. The company’s latest marketing push is focused outward, highlighting the shuttle launches, solar-powered car races, animated dragons, high-tech garments, and other wonders that Intel technology brings to life.

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Potential Impact of Trump Tax Reform Plan on Retirement Plans: What’s Old Could Be New Again

While Congress’ attention has most recently been focused on the American Health Care Act, that bill will most likely not be the only proposed legislation that Congress will consider in 2017. It appears that a tax reform plan (the “2017 Tax Proposal”), which could also have a wide-reaching impact, is also on the agenda.

If the 2017 Proposal includes provisions relating to defined contribution retirement plans sponsored by private employers, such as 401(k) plans, the impact will be felt by employers and investment managers, as well as by plan participants. While the Trump Administration has stated that the current version of its 2017 Tax Proposal does not reduce pre-tax contributions to 401(k) plans, speculation continues that a later draft may include curtailment of these contributions or other changes with a similar impact.

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David M. Rogers Speaks at NCIA’s Regional Quarterly Cannabis Caucus

On Tuesday, April 11, David M. Rogers, Of Counsel to Davis Malm, spoke at the National Cannabis Industry Association’s (NCIA) Quarterly Cannabis Caucus for the Northeast Region. Mr. Rogers addressed local NCIA members to discuss recent Massachusetts legislative updates regarding cannabis policy.

Mr. Rogers practices in the Business Law, Employment, and Real Estate and Environmental areas at Davis Malm. He also serves in the Massachusetts House of Representatives for the 24th Middlesex District, and was recently appointed as the Vice Chair of the Massachusetts Joint Committee on Marijuana Policy. 

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David M. Rogers Appointed Vice Chair of the Massachusetts Joint Committee on Marijuana Policy

Davis Malm attorney David M. Rogers, who also serves as a State Representative for the Commonwealth of Massachusetts, 24th Middlesex District, was appointed Vice Chair of the Massachusetts Joint Committee on Marijuana Policy by Massachusetts House Speaker, Robert A. DeLeo.

When Massachusetts voters acted to pass marijuana legalization in November 2016, the Joint Committee on Marijuana Policy was formed to review the legislation as passed by the voters and help usher in the ever evolving cannabis climate. The committee is tasked with transforming a piece of legislature into a functional and regulated marijuana market in the Commonwealth of Massachusetts.

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