Regions

32 attorneys at McDonald Hopkins selected for inclusion in Best Lawyers® 2015

Cleveland, Ohio – Thirty-two attorneys at McDonald Hopkins have been selected by their peers for inclusion in Best Lawyers 2015. The 21st edition of Best Lawyers is based on more than 5.5 million detailed evaluations of lawyers by other lawyers.

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Tvangsfuldbyrdelse på grundlag af digitale dokumenter

Folketinget har den 11. juni 2014 vedtaget en ændring af retsplejeloven og forskellige andre love, som bl.a. gør det muligt for kreditorer at bruge dokumenter med debitors digitale underskrift, når man skal inddrive gæld eller søge sig sat i besiddelse af genstande solgt med ejendomsforbehold. Reglerne trådte i kraft den 1. juli 2014, og de gælder også for dokumenter, der er underskrevet digitalt inden lovens ikrafttræden.

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Afståelse af fast ejendom

BESKATNING

Afståelse af fast ejendom behandles enten efter ejendomsavancebeskatningsloven eller efter næringsreglerne. Ejendomsavancebeskatningsloven giver dog i et vist omfang adgang til, at afståelse af fast ejendom kan ske skattefrit.

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Wal-Mart Ordered to Compensate Former Employee for Workplace Bullying

To state the obvious, there is no precedent until it is done for first time.  So said the Ontario Court of Appeal in confirming a record damage award against an individual employee in the case of Boucher v. Wal-Mart Canada Corp. 2014 ONCA 419.

 Meredith Boucher began working for Wal-Mart in 1999.  She was a good employee.  In 2008, Boucher was promoted to the position of assistant manager at a Wal-Mart store in Windsor, Ontario.   She reported to the store manager, Jason Pinnock. 
 
For health reasons, Wal-Mart is required to maintain temperature logs which record temperatures of food and dairy products stored in its coolers.  Boucher was responsible for ensuring the logs were maintained.
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NLRB Again Expands Its Definition of Protected Concerted Activity – One Hand Clapping May Be Concerted

By Ian Gabriel Nanos

We have written about it before but a recent NLRB decision is yet another example of the NLRB’s expanding and expansive view of what constitutes protected, concerted activities, and is therefore protected under the National Labor Relations Act.  In Fresh & Easy Neighborhood Mkt, the NLRB (Chairman Pearce and Members Hirozawa and Schiffer) found that an employee engaged in protected, concerted activity when the employee spoke to co-workers about a single act of sexual harassment that was “seemingly directed at [the employee] alone.”   The majority noted that it did not matter whether she thought or believed that she was engaged in protected activity. 

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Ignorance is bliss

Where one judge may find that wording is ambiguous, another three (more senior) may find that it is crystal clear. This arose in a case in which extensive works had been carried out in the home of Mr and Mrs West. The work was defective, the contractor became insolvent and the Wests sued the architect. The trial judge expressed doubt over the meaning of a clause in the architect’s appointment. Part of the clause provided: More…

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The Limited Liability Company – Part I

The Limited Liability Company - A Common Investment Structure in ASEAN  I. Introduction – The Limited Liability Company (LLC) The Limited Liability Company (LLC), a relatively new form of business ownership, is a globally accepted business entity. The LLC structure entices potential investors to take business risks by offering them a blend of benefits that were…More…

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — August 15, 2014

Newly elected House Majority Leader Kevin McCarthy (R-CA) released a memo to House Republicans last Friday  titled “Initial September Outlook” .

McCarthy’s memo focuses on three items which, he says, members might “wish to factor into your district events” over this summer recess—including a package that deals with the Keystone XL pipeline and other energy matters.

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Where’s the Beef? McDonald’s, Joint Employers and the NLRB II: What “Labor” Says it Means

Following the NLRB’s announcement on July 29th  of its position that McDonald’s and its franchisees are joint employers, commentators across the spectrum have been opining about this actually means for employers, unions and workers.

This week the AFL-CIO weighed in with its opinions in a post on its blog AFL-CIO NOW.  After recounting the background of the developments, in section called “What’s the Big Picture?” the author points out how organized labor intends to take advantage of the Board’s anticipated broadening of the standards for finding joint employer status:

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Increased NLRB Use of Section 10(j) Injunctions Interferes With Employer Rights In Collective Bargaining

By Peter M. Panken, Steven M. Swirsky, and Adam C. Abrahms

In May, we cautioned employers that the NLRB would be increasing its aggressive pursuit of injunctions under Section 10(j) of the Act to pressure employers in a range of unfair labor practice cases.  The Board’s aggression and apparent overreach is clearly revealed in one recent case in which the Board petitioned for and was granted an injunction to end a lockout, only to have the underlying unfair labor practice allegation dismissed eight days later when the Administrative Law Judge who heard the case found that the parties had indeed reached impasse as the employer claimed, and thus, that the lockout was lawful.

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