Novelties in the Migration Legislation

The Government of the Russian Federation has developed and submitted for consideration of the Russian State Duma a Draft federal law № 1135461-6 stipulating amendments to articles 24 and 25.8 to the Federal law on “On the procedure of exit from the Russian Federation and entry into the Russian Federation” (hereinafter – the “Draft”).

The Draft is developed for the purposes of implementing legal position outlined in the Resolution of the Constitutional Court of the Russian Federation № 4-P dated 16 February 2016 (hereinafter – the “Resolution 4-P”).

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Provisional applications and licensing of unregistered patents may appear in Russia

In August 2016 Rospatent has initiated a public discussion on provisional applications and licensing of unregistered patents in Russia.

In Rospatent’s view, provisional applications are designed to establish an effective 12-month term, within which applicants may file their non-provisional (“ordinary”) applications. In order to register a provisional application an applicant should disclose a technical decision of the invention or utility model and pay a patent fee.

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Illinois Employee Sick Leave Act and Its Impact on Employers

Kellie Y. Chen

Kellie Y. Chen

Employee Sick Leave Act

On August 19, 2016, Governor Bruce Rauner signed into law the Employee Sick Leave Act, Public Act 99-0841 (the Act), which goes into effect on January 1, 2017. The Act requires Illinois employers that currently provide sick leave for employees to allow employees to use their personal sick leave benefits for absences due to illnesses, injuries, or medical appointments of their family members. In short, under the Act, employees can use their personal sick leave for their family members’ medical needs just as they would be able to use their personal sick leave for their own illnesses or injuries.

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ILN Today Post

Alterations

A lot of time, energy and concentration is spent by tenants settling heads of terms and negotiating the lease when they first look to take a new lease. But, as the needs of tenants vary and change throughout their lifecycle, tenants often need to adapt the property they are trading from. They need increasing flexibility from their leases and properties to be able to run their business as efficiently and seamlessly as possible.

In this article we will be looking at possible ways that a tenant may consider adapting their properties to meet changing business needs, whilst staying within the agreed terms of the lease.

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Week of August 29, 2016 on ILNToday – A Roundup!

roundupOur roundup this week is almost entirely all labor law, with a corporate law update from Brazil thrown in and an immigration twist on a labor issue in Canada! So grab your coffee before you head out for the weekend (a holiday weekend here in the States!) and check out this week’s top posts from ILNToday!

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BCLI releasing its Consultation Paper on Complex Stratas

With the publication today of its Consultation Paper on Complex Stratas, the British Columbia Law Institute’s Strata Property Law Project Committee is asking the public for its views on proposed reforms to the Strata Property Act and the Strata Property Regulation concerning sections, types, and phases. Our Pat Williams, the Committee Chair, explains, “Sections and types allow a strata corporation to manage cost sharing between groups of owners, while phases permit the development of a strata property in segments over an extended time.” The consultation is open until January 15, 2017.

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Second Circuit Extends the Reach of the Cat’s Paw

In employment litigation, plaintiffs often rely on the “cat’s paw” doctrine to hold their employers liable for discriminatory or retaliatory animus of a supervisory employee who influenced, but did not make, the ultimate employment decision.  On August 29, 2016, the United States Court of Appeals for the Second Circuit, in Vasquez v. Empress Ambulance Service, Inc., greatly extended the reach of the “cat’s paw,” holding that the doctrine could be applied to hold an employer liable for an adverse employment decision that was influenced by the discriminatory or retaliatory animus of a low-level, non-supervisory co-worker.

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Illinois Prohibits Non-Competition Agreements for Low-Wage Employees

E. Jason Tremblay

E. Jason Tremblay

Governor Bruce Rauner recently signed into law the Illinois Freedom to Work Act (the Act), which will prohibit private sector employers from entering into non-compete agreements with low-wage employees. The Act defines low-wage employees as those who earn the greater of: (a) the Federal ($7.25 per hour), State ($8.25 per hour), or local (currently, $10.50 per hour under the Chicago Minimum Wage Ordinance) minimum wage; or (b) $13.00 per hour.

A covenant not to compete entered into between an employer and a low-wage employee is considered illegal and void under the Act. The Act defines a prohibited “covenant not to compete” as an agreement that would prohibit a low-wage employee from: (a) working for another employer for a specified period of time; (b) working in a specified geographic area; or (c) engaging in similar work for another employer.

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ILN Today Post

Nova resolução da ANVISA passa a autorizar a transferência de titularidade do registro de produtos em decorrência de operações societárias ou comerciais

A ANVISA passa a autorizar a transferência de registros de produtos decorrente de operações comerciais, tais como venda de ativos ou conjunto de ativos. Conforme a nova regra, apenas produtos registrados e cadastrados podem ser transferidos (“RDC 102/2016”). A empresa que adquirir produtos isentos de registros e notificados deverá solicitar à ANVISA novo procedimento de regularização ou nova notificação dos produtos.

A nova regra representa um grande avanço já que a resolução em vigor não permite a transferência do registro de produtos nos casos de operações comercias, mas apenas nos casos de cisão, fusão ou incorporação de empresas, após o registro da operação societária na Junta Comercial.

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ILN Today Post

A Convenção da Apostila de Haia e a simplificação dos procedimentos para operações imobiliárias

Desde o dia 14 de agosto de 2016, passou a vigorar no Brasil a Convenção da Apostila de Haia, que simplifica os procedimentos necessários à certificação da autenticidade de documentos públicos que serão utilizados em país distinto daquele em que são emitidos.

Anteriormente à promulgação da Convenção, o documento público para sua utilização em outro país devia ser submetido a uma série de procedimentos diplomáticos ou consulares no país de sua emissão, além de outros no país destinatário, para torná-lo apto à produção dos efeitos a que se destina.

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