The New York City Asbestos Litigation Just Became More Complicated

Pursuant to the Decision and Order of the Hon. Sherry Klein Heitler, dated April 8, 2014, asbestos plaintiffs for the first time since 1996 may seek permission from the New York City trial judges to charge the jury on the issue of punitive damages. Until Judge Heitler’s ruling, the New York City Asbestos Litigation (“NYCAL”) Case Management Order, as amended May 26, 2011 (“CMO”), provided that counts for punitive damages were to be “deferred” until such time as the Court deemed otherwise, upon notice and hearing. Therefore, punitive damages still could be sought, but only after a hearing to determine if it was appropriate to award them.

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NLRB Receives Spirited Debate Over Ambush Election Rules During Public Meeting

For 2 days, the National Labor Relations Board (NLRB) heard from speakers on its proposed rules to accelerate the processing of union representation petitions and quicken the timing of elections. The speakers ranged from several labor unions, including the UFCW, SEIU, CWA and AFL-CIO as well as a number of trade associations, including National Federation of Independent Businesses, Coalition for a Democratic Workplace, National Association of Manufacturers, U.S. Chamber of Commerce, and EBG client, National Grocers Association (NGA). The positions of the parties were largely split between the labor unions applauding the NLRB’s proposed rule on making elections faster; whereas, the trade associations and management attorneys emphasizing that the NLRB’s proposed rule was unnecessary and a solution in search of a problem.

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Unngå gevinstskatt ved salg av eiendom

Høyesterett godtar fisjon for å selge eiendom gjennom aksjesalg uten gevinstskatt.

Eiendomssalg uten gevinstskatt:

I en nylig avsagt dom, den 12. mars 2014, HR-2014-00496-A, (sak nr. 2013/1687), godtar Høyesterett at et eiendomsselskap som vil selge en eiendom kan fisjonere ut øvrige eiendeler og forpliktelser til et annet selskap, for så å selge hele det gjenværende eiendomsselskapet med den aktuelle eiendommen gjennom aksjesalg. Forutsatt at selger, eiendomsselskapets aksjonær(er), er omfattet av fritaksmodellen som aksjeselskap, unngår selger reglene om gevinstskatt og kjøper unngår dokumentavgift. Derimot, dersom aksjonæren(e) er privatperson(er) vil selger fremdeles unngå skatt på eiendomsgevinsten, men ettersom selger ikke omfattes av fritaksmodellen, så vil han bli beskattet for aksjegevinsten, mens kjøper fremdeles unngår dokumentavgift. More…

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OFCS could drop AS/NZS 4801: 2001 requirement

The requirement for builders to obtain AS/NZS 4801:2001 certification before tendering for Commonwealth construction work could be dumped, under a plan to modernise the Australian Government Building and Construction OHS Accreditation Scheme and the Office of the Federal Safety Commissioner (OFSC).  Stakeholders had until 4 April 2014to comment on some or all of 27 questions raised in a new Department of Employment discussion paper on the scheme, including whether AS/NZS 4801:2001 certification should be removed as a prerequisite for applying for accreditation. More…

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Productivity Commission releases draft Public Infrastructure report

The Productivity Commission released a draft Public Infrastructure report on 13 March 2014, which examines ways to reduce the high costs of major infrastructure projects, improve infrastructure investment across all levels of government, and reduce barriers to private-sector funding.  The public was invited to send written submissions by 4 April 2014 and participate in public hearings in early April.  A final report will be provided to the Australian Government in late May 2014. More…

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Amendments to model WHS Regulations

The model Work Health and Safety Regulations have been updated to incorporate 63 technical amendments that ‘correct inadvertent errors, clarify policy intent and address workability issues’, according to Safe Work Australia.  The amendments mainly apply to high risk work, diving work, plant, asbestos and major hazard facilities. Safe Work Australia notes that the amendments don’t automatically apply, but must be adopted by the harmonised states and territories through their own law-making processes.  For more information, see this complete list of the key changes, and the revised version of the model Work Health and Safety Regulations. More…

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FWC’s new anti-bullying jurisdiction: past bullying conduct is admissible

The Fair Work Commission (FWC) has handed down its judgment in Kathleen McInnes [2014] FWCFB 1440 (6 March 2014), being the first Full Bench consideration of the new anti-bullying provisions in Part 6-4B of the Fair Work Act 2009 (Cth) (FW Act) which commenced operation on 1 January 2014.  The decision establishes that alleged bullying conduct which occurred prior to 1 January 2014 can be considered by the FWC in an application for orders to stop bullying under Part 6-4B of the FW Act. More…

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Urinalysis challenged as a drug testing method

n the Fair Work Commission (FWC) decision, Endeavour Energy [2014] FWC 198 (15 January 2014), the FWC considered the appropriateness of the use of oral fluids rather than urine to detect recent drug use.  The FWC found that ‘nothing happened since the original decision and subsequent appeal in 2012 to indicate that on-site oral fluid testing devices are unreliable’.  The FWC found that ‘testing should continue to use oral fluid’.  This decision came after the recent decision by the National Association of Testing Authorities (NATA) to no longer offer accreditation to facilities for on-site initial drug testing of oral fluid.  The FWC stated that ‘AS 4760-2006 continues to provide a helpful guide concerning the appropriate procedures to be used when it comes to the collection, storage, handling, and dispatch of oral fluid to the laboratory.  It also provides guidance on how to conduct on-site and laboratory initial testing as well as confirmatory testing procedures.  The current absence of accreditation under Section 3 does not affect the desirability of using the standard as the guide to be used in conducting oral fluid testing’.  The Standard doesn’t specifically require workplace testing to be conducted by an accredited agency. More…

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Playing your cards right with mining controls

(This article was first published in the Singapore Business Times on 3 April 2014)

Indonesia recently implemented a ban on the export of unprocessed minerals and ore, and media has reported the subsequent loss of over 500,000 jobs in the industry. This is the latest chapter in a long standing history of resource nationalism. More…

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Cooper & Dunham Women Attorneys Named New York Super Lawyers

Wendy E. Miller has been named by New York Super Lawyers as one of the top women attorneys in the New York metro area for 2013 in the area of Intellectual Property.

Tonia A. Sayour and Hindy Dym were named as top women attorneys for 2013 in the Rising Stars category for Intellectual Property and Intellectual Property Litigation for the New York metro area. More…

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