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International Lawyers Network Elects New Chairman

Business colleagues raising flags of different of countriesNew York (June 20, 2017) – The International Lawyers Network, a global network of more than 5,000 lawyers, announced today that Simon Ekins of Fladgate LLP in London, England, has been elected Chairman.

Ekins assumes the chairmanship from Peter Altieri, shareholder with Epstein Becker & Green, following an election by the Board of Directors during the Network’s Annual Meeting in Stockholm, Sweden early this month. Altieri has served as ILN Chairman since June 2009, stepping down after eight years of service.

“We are so appreciative of Peter’s efforts and all the work and time he has devoted to the Network as Chairman over these last eight years,” said Alan Griffiths, Executive Director of the International Lawyers Network. “His heart-felt speech at our Annual Conference’s gala dinner was met with a long-standing ovation from all in attendance, which was a true testament to the respect he has garnered during his time in the position.”

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International Lawyers Network Shortlisted as Global Network of the Year by “The Lawyer” for Second Year

ILN_640The International Lawyers Network has been shortlisted as Global Network of the Year by “The Lawyer” for a second year in a row.

The winners of this category will be announced at The Lawyer European Awards 2017 at a ceremony at Grange St. Paul in London, England on Thursday, March 16, 2017. This is only the second year the category for Global Network of the Year has been included for consideration in the awards.

Judges in this category examine evidence of strategic vision, with particular focus on cross-border initiatives, consistent excellence in the delivery of legal services and outstanding talent management, in evaluating the submissions.

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ILN Today Post

Specific performance of an agreement to sell of an immovable property

The law with respect to specific performance of a contract is well established in India. The grant of relief of specific performance is a discretionary and equitable relief. The courts are therefore not bound to always grant the relief of specific performance merely because it is lawful to do so, but are required to apply their discretion in a sound and reasonable manner to meet the ends of justice.

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The insured’s access to the insurer’s records and litigation privilege

By Chantal Noël, from our Insurance Law Practice Group.

December 14, 2017 — In a recent decision (Fiset-Trudeau c. Compagnie mutuelle d’assurances Wawanesa, 2017 QCCS 5071), Madam Justice Florence Lucas held that an insurer’s notes and records, as prepared by its representatives, were subject to the litigation privilege and that, accordingly, the insurer could not be compelled to disclose them.

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Pro bono work – vital for marriage equality and the challenges that remain

The process was long and unorthodox but amendments to the Marriage Act to allow same-sex marriage in Australia have recognised the fundamental human right to equality before the law and the right to be free from discrimination for LGBTIQ+ people.

Pro bono legal work has provided vital assistance in helping to achieve this change. As outlined by the Australian Pro Bono Law Centre lawyers have assisted LGBTIQ+ people to realise their rights not only in relation to marriage but to be free from discrimination and equal before the law.

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ILN Announces Second Edition of “Buying & Selling Real Estate: An International Guide”

The ILN’s Real Estate Group is delighted to announce today the release of the second (and updated) edition of their guide, “Buying & Selling Real Estate: An International Guide.” This collaborative electronic guide offers a summary of key real estate law principles in 18 countries across the globe, serving as a quick, practical reference for those establishing an entity in these jurisdictions. In 2017, we have added seven new jurisdictions, which includes Argentina, the Bahamas, Brazil, Chile, India, the Netherlands, and Michigan. The group continues to work collaboratively to update the guide with the latest figures and regulations for their countries, and we’re really excited to provide this valuable resource for firms and companies with multinational business needs.

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Fighting Fraud: False and Exaggerated Claims

Insurers are adopting a zero tolerance approach to false and exaggerated claims. Tomás McDonagh looks at recent case law in the area.

Section 26 of the Civil Liability and Courts Act 2004 (“the 2004 Act”) is a powerful tool to enable defendants’ fight against fraud. Recent court decisions reveal the courts’ tougher stance with regard to exaggerated claims but suspicious claims remain difficult to defend.

The Motor Insurers’ Bureau of Ireland’s (“MIBI”) recent report “Fighting Fraud” highlighted the increasing problem of false and exaggerated claims. In the report, the MIBI has committed to adopting a zero tolerance approach to these types of claims. However, while there appears to be a similar view by the courts in relation to exaggerated claims, it remains difficult to prove fraud in suspicious cases as is evident in recent court decisions.

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Robert J. Munnelly, Jr. Re-Elected to Northeast Energy and Commerce Association Board of Directors

Robert J. Munnelly, Jr., a shareholder in the regulatory and administrative law area at Davis Malm, has been re-elected to the Northeast Energy and Commerce Association, Inc. (NECA) Board of Directors for 2018. As a NECA director, Mr. Munnelly will continue to help advance the association’s mission through new member outreach and by educating the Board and its 1,250 person membership on commercial and regulatory developments in the competitive retail electric and gas markets across New England. Mr. Munnelly has been actively involved in NECA since 2001 and will continue to serve as Co-Chair of the NECA’s Retail Markets Committee, a position he has held since 2014.

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Downsize your home to upsize your superannuation

The Government has recently announced superannuation measures to address the housing affordability crisis.

The cornerstone of this scheme is that it will allow people aged 65 and over to make additional non-concessional (post-tax) contributions of up to $300,000 from the proceeds of selling their home.

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5 Ways to Make Your Holiday Cards Stand Out

The first day of Hanukkah is upon us, so if you haven’t gotten your holiday cards out yet (like me), you’re too late. I’m just kidding.

But in all seriousness, while some firms and lawyers are still using paper cards, others have gone the electronic route, and still others (like the ILN, actually) have opted out of holiday cards entirely, you may be wondering what the point is, and how to stand out.

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Information Blocking in the 21st Century Cures Act

The 21st Century Cures Act (“Cures Act”) was enacted in December of 2016.  Among other things, the Cures Act includes provisions to encourage the interoperability of electronic health records. Specifically, the Cures Act provides for civil penalties for those who engage in “information blocking”.  The Cures Act defines “information blocking” broadly as a “practice that . . . is likely to interfere with, prevent, or materially discourage access, exchange or use of electronic health information” if that practice is known by a developer, exchange, network, or provider as being likely to “interfere with, prevent, or materially discourage the access, exchange, or use of electronic health information”.  42 U.S.C. §300jj-52(a).  The penalty for vendors is up to $1 million “per violation”.

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Efforts to Limit State-Action Antitrust Exemption Continue

The state-action antitrust exemption grew out of the 1943 decision of Parker v. Brown, 317 U.S. 341 (1943), in which the Supreme Court explained that “nothing in the language of the Sherman Act or in its history suggests that its purpose was to restrain a state or its officers or agents from activities directed by its legislatures.”  And, relying on principles of federalism, the Supreme Court gave deference to the state as a sovereign body.

Subsequent decisions expanded the reach of state-action to state and local governmental agencies (including counties and municipalities), as well as private parties.  In California Retail Liquor Dealers Ass’n v. Midcal Aluminum, Inc., 445 U.S. 97 (1980), the Supreme Court held that the actions of state and local governmental agencies was exempt if they were undertaken pursuant to a clearly articulated state policy.  Also in Midcal, the Supreme Court ruled that private parties could take cover under this exemption if they acted pursuant to a clearly articulated state policy and were actively supervised.

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