Regions

Post Amendment Challenge and Enforcement of Arbitral Awards – Clarification by the Delhi High Court

Un-amended (Indian) Arbitration Act would continue to apply to challenge and enforcement proceedings concerning awards delivered in arbitrations commenced prior to the amendment. The party challenging such an arbitral award is therefore entitled to an automatic stay on its enforcement without deposit of any money in the court, in keeping with the position prior to the amendment.

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The False Claims Act Under a Trump Administration – What Does Attorney General Nominee Sessions Think?

As discussed previously in this blog, efforts to curb fraud, waste and abuse are generally “bi-partisan.” Given the significant monetary recoveries the Government enjoys through enforcement of the federal False Claims Act (“FCA”), we have predicted that efforts in this arena will continue under a Trump administration. However, this is dependent, in part, on the priorities of the new administration and the resources it devotes in this arena. To this end, the testimony of Attorney General nominee Sessions during his confirmation hearing on January 10th may have given us some insight into how he views the FCA.

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(Français) Témoignage d’un étudiant – CV et Lettre de présentation

Appliquer pour un stage en milieu juridique n’est certainement pas une tâche facile. Plusieurs éléments doivent être pris en compte pour bien préparer sa candidature. Deux éléments très importants sont, d’ailleurs, le curriculum vitae et la lettre de présentation. Le CV permet aux comités de recrutement de jeter un coup d’œil sur vos différentes expériences, tandis que la lettre de présentation vous permet de les détailler.

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Will the new tax regime for the capital gains arising from sale of Russian property be actually postponed under the DTT with Cyprus?

On December 29, 2016 the Ministry of Finance of the Republic of Cyprus on its official website issued an announcement that an agreement has been reached between the Russian and Cypriot authorities for postponing the application of the Protocol of October 7, 2010 amending Article 13 of the Double Tax Treaty between the Government of the Russian Federation and the Government of the Republic of Cyprus “On Avoidance of Double Taxation with respect to taxes on income and capital” dated December 5, 1998 (hereinafter – Russia-Cyprus DTT)1. In the announcement, it is also indicated that an additional Protocol is being finalized, providing for the application of the revised provisions of Article 13 of the Russia-Cyprus DTT, until similar provisions are introduced in other bilateral agreements for the Avoidance of Double Taxation between the Russian Federation and other European countries.

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Lidings’ Partner Dmitry Gravin Joins The European Criminal Bar Association

Head of the Lidings’ criminal defense practice Dmitry Gravin has joined The European Criminal Bar Association (ECBA) becoming the only member in the network representing the Russian capital.

ECBA is an association of the European criminal defense lawyers – the leading advocates from over 40 countries specializing in criminal defense.  The primary purpose of ECBA is to support development of the criminal defense legislation in Europe, promoting the fundamental rights of persons under criminal investigation, suspects, accused and convicted persons in international criminal defense cases.

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Where Federal Expectations Are Low Governor Cuomo Introduces Employee Protective Mandates in New York

Earlier this week New York Governor Andrew D. Cuomo (D) signed two executive orders and announced a series of legislative proposals specifically aimed at eliminating the wage gap in gender, among other workers and strengthening equal pay protection in New York State. The Governor’s actions are seen by many as an alternative to employer-focused federal policies anticipated once President-elect Donald J. Trump (R) takes office.

Legislative Proposals

According to the Governor’s Press Release, the Governor will seek to amend State law to hold the top 10 members of out-of-state limited liability companies (“LLC”) personally financially liable for unsatisfied judgments for unpaid wages. This law already exists with respect to in-state and out-of-state corporations, as well as in-state LLCs. The Governor is also seeking to empower the Labor Commissioner to pursue judgments against the top 10 owners of any corporations or domestic or foreign LLCs for wage liabilities on behalf of workers with unpaid wage claims.

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Epstein Becker Green to Participate in the 11th Annual National HR in Hospitality Conference & Expo

Epstein Becker Green is pleased to be participating in the 2017 National HR In Hospitality Conference & Expo at the Aria Hotel in Las Vegas on March 27-29, 2017.  EBG is sending two of its hospitality industry focused attorneys to represent the Firm, Jeffrey H. Ruzal and Steven M. Swirsky.

Jeff and his co-panelists will discuss the topic of new wage and hour regulations, which will be held on Monday, March 27, 2017.  This panel of hospitality employment law professionals will cover changes associated with the minimum salary for exempt employees, managing challenges of off-duty work like email and texts; setting up bonus structures, tracking hours; and responding to flexible workweek requests.   Panelists will detail their successes and challenges related to these topics, and offer up valuable actionable insights for your company.

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Howard & Howard welcomes H. William Burdett, Jr.

Royal Oak, Michigan, January 12, 2017: Howard & Howard Attorneys PLLC is pleased to announce that H. William Burdett, Jr. has joined the firm. He will practice out of the firm’s Royal Oak office.

Mr. Burdett concentrates his practice in commercial, probate, and free speech litigation in Michigan and across the country. He has tailored his practice to meet the needs of his diverse clientele. Be it private arbitration in Detroit, New York, Washington, D.C., or Chicago, high-stakes emergency injunctive actions to protect confidential trade secrets, or precedent-setting appellate cases, Mr. Burdett understands the impact of a strong litigation strategy in obtaining the best business results for his clients.

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Separability of Arbitration Clauses in Insurance Contracts in Ireland

Do such clauses survive if the contract is rendered void ab initio?

The issue of whether an arbitration clause in an insurance contract survives notwithstanding the fact that the contract itself is void ab initio is one which has exercised the courts in Ireland, and indeed England and Wales, for some time. While the Supreme Court in Ireland in 1995 appeared to hold that such arbitration clauses cannot be relied upon where the underlying contract has been deemed void or invalid, subsequent High Court cases and legislation enacted in 2010 appear to have established to the contrary and embedded what is known as the doctrine of separability into Irish law.

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‘Toxic’ survivorship clauses: does your Will contain one?

 

Do you have a survivorship clause in your Will?  Chances are you do, if you leave assets to someone outright in your Will.  The mischief that these clauses are designed to avoid is this.  If A gives a gift to B in his Will and B dies the day after A, B’s estate will get the gift and it will be B’s Will that decides where A’s gift ends up.  However, in these circumstances, A may have wanted someone else to get the gift instead (A may not like B’s choice of heirs!).  Survivorship clauses are meant to solve this problem.  They also prevent the delay associated with the same money being administered through two separate estates and can reduce the total Inheritance Tax bill on both estates. 
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