Encore Webinar: OSHA Forecast: Developments to Watch in 2015 and Beyond

Valerie Butera, Member of the Firm in the Labor and Employment practice, will present a complimentary webinar, hosted by Midwest Employers Casualty Company, on January 27 at 11:00 a.m. EST titled OSHA Forecast: Developments to Watch in 2015 and Beyond.

This webinar will delve into OSHA issues that will impact a wide range of industries in 2015. In addition to a greater focus on enforcements and inspections, changes will occur for recording injuries and illnesses in the OSHA 300 Injury and Illness Recordkeeping log as well as reporting changes of severe injuries or illnesses.

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ILN Today Post

A big day in our FTA agenda with JAEPA starting on 15 January

Happy New Year to all of you!

You would be aware that we had previously reported that the JAEPA (aka the Japan FTA) will start on 15 January 2015.  Which, according to my diary is tomorrow.

I have been delivering a number of sessions on JAEPA including a CBFCA webinar on the Agreement and its commercial aspects together with some specifics on its use and implementation as part of my CBFCA Legal Forums in December 2014.  More…

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California Supreme Court Holds That Sleep Time May Not Be Excluded from Hours Worked in Certain Industries

On January 12, 2015, the California Supreme Court issued its decision in Mendiola v. CPS Security Solutions, Inc. While it will have no impact upon most employers, it is a decision that will have significant impact on some. It may well lead to the filings of class action lawsuits against some employers alleging that they did not pay employees for sleep time – lawsuits those employers now may have great difficulty defending.

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Retailers Beware: The California Divide on PAGA Waivers May Impact the Road to Arbitration

By Amy Messigian

Yesterday, the California Court of Appeal ruled against The Wet Seal Retail, Inc. in its appeal of the denial of its motion to compel arbitration.  The trial court determined that the arbitration agreement at issue impermissibly waived representative actions under the Private Attorney General Act (PAGA).  Because the agreement also stated that it was not to be enforced if the waiver provision was found unconscionable, the court denied the motion to compel arbitration.  On appeal, the decision was affirmed.  This case highlights the current divide between state and federal courts in California on the enforcement of representative action waivers and the need for the US Supreme Court to accept certiorari of Iskanian v. CLS Transp. Los Angeles, LLC.  (See our prior blog post on Iskanian here.)

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Featured Post ILN Today Post

International Lawyers Network

The International Lawyers Network (ILN) is a leading association of 91 high-quality, full-service independent law firms.

Since 1988, the ILN has helped its members keep pace with today’s global economy, through access to the tremendous strength and depth of the combined expertise of 5,000 lawyers in 67 countries on six continents.

ILN member firms are among the most respected and most experienced counsel in their jurisdictions. Clients’ increasing need for reliable foreign counsel is well-met by the personalized, high-quality and cost-effective legal services provided by ILN member firms. Unique to the ILN are the strong personal and professional relationships among its members and their clients developed over the past 26 years. Far from a mere directory, the ILN is an affiliation of lawyers who gather on a regional and worldwide basis annually and work routinely with each other to address client requirements and needs.

Each of the ILN’s member firms is international in outlook and staffed by highly trained senior attorneys, who are experts in a broad range of practice areas. ILN members have demonstrated experience in working successfully with international companies. They are independent, mid-sized firms within their jurisdictions, and are committed to the focus of the International Lawyers Network, admitted to the Network only after a rigorous application process. The ILN provides clients with high-quality service from experienced local counsel who work in firms that maintain excellent reputations in their own countries. This means that clients have immediate access to attorneys who are native, both linguistically and culturally, to the country of interest.

The ILN’s international directory app is available for iPhone, Android and BlackBerry smartphones. To access the app, click here or log on to ILNmobile.com from your smartphone.

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Data Privacy and Cybersecurity Alert: President Obama’s new data privacy agenda

President Obama recently spoke to the Federal Trade Commission about his privacy and data security agenda. The agenda included a series of voluntary partnerships, but the cornerstone was two privacy acts that will soon be sent to Congress: The Personal Data Notification and Protection Act and the Student Digital Privacy Act.

The Personal Data Notification and Protection Act

Little is currently known about what the Personal Data Notification and Protection Act will ultimately require and mean for businesses, but it appears that the key focus would be to create a national data breach notification standard that would require businesses to notify their customers within 30 days of discovering a breach of personal information.

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John Rogers and Larry Munn advise on CASL compliance in Franchising World magazine

On July 1, 2014, one of the world’s toughest anti-spam laws came into effect: Canada’s Anti-Spam Legislation (CASL). CASL prohibits the sending of commercial electronic messages to Canadians without their prior consent. Read John Rogers and Larry Munn’s recent article in the December issue of Franchising World to learn how franchisors and franchisees can comply with CASL.

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ILN Today Post


On January 7, 2015, former Governor Deval Patrick signed into law “An Act Relative to Parental Leave.” This Act replaces the Massachusetts Maternity Leave Act, which is no longer in effect.

The Act requires employers of 6 or more employees to provide parental leave to employees regardless of gender, extending the benefits of parental leave to male employees. To be eligible, employees must have completed an initial probationary period of no more than three months, or have completed three months of consecutive full-time service. Under the Parental Leave Act, both male and female employees are entitled to 8 weeks of unpaid leave for: More…

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Two for Tuesdays: Pro-Networking in 2015

One of the things I’m always thinking about is how to network better or differently. A lot of the articles I read offer the same tips, spun in a different way – and that’s important, because I can always get something out of implementing the tried and true.  But when I find something unique, I’m definitely excited to share it!

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ILN Today Post

To Sell or Not to Sell? That is the Question on the Minds of Many Board Members, Executives and Investors

Board members, executives and investors alike are weighing the pros and cons of whether to sell or hold and expand their business with the prospect of a higher valuationin the future. For directors, executives and investors managing toward a liquidity event, the question of when to sell can be one of the most difficult questions toanswer, but if done right, can be extremely rewarding. While some see this question as a conundrum, others embrace the issue with total clarity. Interviewer, Samantha McDermott, connected with Randy Krauthamer, Managing Director of Duff & Phelps Securities, Rich Anderson, Managing Director of Moss Adams Capital, andChris Ivey, Shareholder and Co-Chair of Stradling’s Corporate Department, about the advice they are giving their clients and the trends they see in M&A. More…

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