North America

Medical Device Manufacturer Bound By The Restrictive Covenants It Implemented

Restrictive covenants can be valuable tools to protect your business. However, it is important to consider at the outset what interests you want and need to protect and what conduct would violate any restrictive covenant. If you don’t (or if you later decide that you want and need to prohibit additional or broader conduct), your restrictive covenants may not bar conduct that poses a competitive threat or triggers an emotional response. The recent federal case of Kissell, et al. v. Biosense Webster, Inc. (M.D. Fla.) (Case No. 12-cv-1569) provides an example of how companies will be stuck with the terms of the restrictive covenants they implement, and may not be able to broaden the protections those covenants provide in a credible way.

Read full article

Fashion Designer Norma Kamali Hit With Unpaid Internship Lawsuit: The Trend Continues

By Jennifer A. Goldman

As the summer internship season gets underway, unpaid interns are continuing to file a spate of lawsuits claiming violations of the federal Fair Labor Standards Act (“FLSA”) and state wage and hour laws.  On May 29, 2013, fashion designer Norma Kamali was slapped with a lawsuit from a former apprentice filed in New York federal court.  This lawsuit continues a trend of unpaid interns suing employers including the Hearst Corporation, Fox Searchlight Pictures, Elite Model Management, and the Charlie Rose Show

Read full article

Injunction for Trademark Infringement: Québec

In Solutions Abilis Inc. v. Groupe Alithis Inc., the Québec Superior Court granted the plaintiff an interlocutory injunction precluding the defendant from using ALITHIS as part of its corporate name or trade name or as a trademark.  The test for an interlocutory injunction in Québec turns on whether the rights which the plaintiff invokes are clear, doubtful or non-existent.  If those rights are clear an injunction should be granted if serious harm would otherwise result.  If those rights are doubtful the court must also consider the balance of convenience.  This test is similar, although not identical, to the test used in the common law provinces where the courts must consider whether there is a serious issue to be tried, irreparable harm and the balance of conclusive irreparable harm. 

Read full article

The Ninth Circuit’s Opportunity to Clarify California’s Suitable Seating Requirements

by Lisa M. Watanabe

In recent years, retailers, grocery stores and banks have been hit with a wave of lawsuits over California’s suitable seating requirements set forth in §14 of the Industrial Welfare Commission’s Wage Orders.  (See http://www.dir.ca.gov/iwc/wageorderindustries.htm for § 14 in 16 of 17 industry-specific Wage Orders).  Despite the surge in lawsuits, there continues to be several unanswered questions regarding the interpretation of subsections (A) and (B) to §14 which state the following:

Read full article

OIG Updates its Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs

On May 8, 2013, the OIG issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs (the “Updated Special Advisory Bulletin”).  The Updated Special Advisory Bulletin replaces and supersedes the OIG’s 1999 Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs. [...]

For more information please visit www.omwhealthlaw.com or click on the headline above.

Read full article

Balancing The Rights Of Landowners, Wind Power Developers And Mineral Rights Owners

It is the dream of many landowners in the United States to one day have both oil wells and wind turbines on their land. For this happen, however, landowners must play an active role in keeping oil and wind companies from trying to overreach each other in concurrent development of the land.

In their excellent article published by the University of Denver Sturm College of Law titled, “Jousting at Windmills: When Wind Power Development Collides with Oil, Gas, and Mineral Development,” authors K.K. DuVivier and Roderick E. Wetsel suggest that landowners will have to act as referees in an energy “Super Bowl” if they are to be successful in having concurrent wind and oil development on a single piece of property.

Read full article

Reciprocal Enforcement of Judgments

In the Commonwealth of the Bahamas judgments obtained outside of the jurisdiction of The Bahamas can be registered in the Bahamas if the provisions of the Reciprocal Enforcement of Judgments Act 1924, chapter 77 of the Statute Laws of the Bahamas(the Act) are complied with.

Section 3 of the Reciprocal Enforcement of Judgments Act provides: More…

 

Read full article

Judicial Plagiarism or Simply Lack of Originality?

Is it acceptable for a judge to copy large sections of his or her reasons for judgment from the written submissions of one of the parties?  The Supreme Court of Canada has said that it is.

In the case of Cojocaru v. British Columbia Women’s Hospital and Health Center, a child who suffered brain damage during his birth at the hospital and his mother brought an action in negligence against the hospital, the attending nurses and doctors. At trial, the defendants were found liable in negligence and damages were awarded to the plaintiffs in the amount of $4 million.

Read full article

Judicial Plagiarism or Simply Lack of Originality?

Is it acceptable for a judge to copy large sections of his or her reasons for judgment from the written submissions of one of the parties?  The Supreme Court of Canada has said that it is.

In the case of Cojocaru v. British Columbia Women’s Hospital and Health Center, a child who suffered brain damage during his birth at the hospital and his mother brought an action in negligence against the hospital, the attending nurses and doctors. At trial, the defendants were found liable in negligence and damages were awarded to the plaintiffs in the amount of $4 million.

Read full article

Arnstein & Lehr welcomes Partner Julian Montero to the Miami office

Arnstein & Lehr LLP welcomes the addition of Partner Julian F. Montero to our Miami office. He will join the firm’s corporate transactions & counseling practice group working closely with Miami Partner Randy Sidlosca on the development of Arnstein & Lehr’s immigration practice.

Prior to co-founding Montero Wolkov LLP, Mr. Montero worked as a corporate attorney at several firms including Greenberg Traurig, White & Case and Broad & Cassel.

Read full article