Monthly Archives: June 2010

ILN Today Post

DAVIS MALM ATTORNEY SAMUEL B. MOSKOWITZ APPOINTED CHAIR OF THE EQUAL JUSTICE COALITION OF MASSACHUSETTS

June 30, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com

Davis Malm attorney Samuel B. (Sandy) Moskowitz has been appointed Chair of the Equal Justice Coalition of Massachusetts. The EJC is a collaboration created by the Massachusetts Bar Association, Boston Bar Association, and the Massachusetts Legal Assistance Corporation committed to ensuring that low-income people in Massachusetts have access to the courts when they have a civil (non-criminal) legal problem. Every year, the EJC organizes the very successful “Walk to the Hill” to lobby the Massachusetts legislature for legal aid. For more information about the EJC, please visit www.equaljusticecoalition.org.

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ILN Today Post

Bloomberg Law Interviews Allen B. Roberts

A new wave of whistleblower monetary awards and protections will come to the financial services industry once the Restoring American Financial Stability Act of 2010 (RAFSA) is enacted. With final resolution of differences between House and Senate versions accomplished, both houses of Congress now will consider the conference committee bill.

Bloomberg legal analyst Spencer Mazyck has been following whistleblowing changes we are likely to see with the anticipated enactment of RAFSA. Spencer explored with me some contours and ramifications of the pending legislation during 20-minute Bloomberg podcast.

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ILN Today Post

Joint-Stock Societies and the New Company Law

Joint-Stock Societies.


The article 154 of the law defines the Joint-Stock Society as the one existing between two or more people under a social denomination and is composed exclusively of partners whose responsibilities for the losses are limited by their contributions. Its capital will be represented by essentially negotiable titles denominated Stocks, which will have to be completely subscribed and paid before the issuance.
In accordance with the Law, the Joint-Stock Societies could be:
of Public Subscription: the ones that resort to the public savings for the formation and increase of the authorized social capital, or quote their stocks in the stock market, or contract loans by the public emission of negotiable obligations, or use mass media or advertising to position and negotiate any type of instrument in the stock market; or
Private Subscription: those Joint-Stock Societies not included in the enunciations of the article 156.
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Who Is a “Son or Daughter” Under the FMLA?

Employees can use FMLA protected leave for the placement of a child or to care for a child for whom they have no legal and/or biological relationship and for whom they provide no financial support. Think stepparents, grandparents, aunts and uncles, or any adult who has assumed the responsibilities of a parent for a child.

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Public Employees, Pagers and Privacy

The Court’s opinion, written by Justice Kennedy, decided not to decide “the whole concept of privacy expectations in communications made on electronic equipment owwned by a government employer.” Instead the Court decided the case applying basic Fourth Amendment principles, and decided that regardless of the employee’s privacy expectations, the search here was reasonable on settled Fourth Amendment grounds.

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Getting Paid for Getting Dressed

The U.S. Department of Labor recently issued a new interpretation of donning and doffing requirements under the Fair Labor Standards Act, bringing the Department’s interpretation in line with recent court decisions. The issue is whether employees should be paid for putting on and taking off clothing before and after work.

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ILN Today Post

New Business Law in the Dominican Republic



The new Commercial Societies and Individual Enterprises of Limited Responsibilities General Law (Law No. 479-08), substitutes and derogates the Third Title in the Commercial Code that is in effect, that includes the articles 18 to the 64 regarding the Commercial Societies.

This new Law recognizes and maintains in effect the different types of societies known from the Commercial Code. Nevertheless, institutes two new classes of societies: the Societies of Limited Responsibilities (SRL by the initials in Spanish) and the Individual Enterprises of Limited Responsibilities (EIRL by the initials in Spanish).
This way the law recognizes and regulates the following types of societies:
Joint-Stock Societies of Public and Private Subscription
Collective Name Societies
Simple Silent Partnership Societies
Stocks Partnership Societies
Societies of Limited Responsibilities
Individual Enterprises of Limited Responsibilities
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PPACA Amends Rehabilitation Act to Mandate Standards for Medical Diagnostic Equipment to Accommodate Individuals with Disabilities

by Shawn Gilman and Frank C. Morris, Jr.

A little-noticed provision of the Patient Protection and Affordable Care Act (PPACA) will significantly impact both health care manufacturers and providers.  The provision amends the Rehabilitation Act of 1973 to require regulations by March 23, 2012, mandating that all medical diagnostic equipment and health care provider locations be able to accommodate the needs of individuals with disabilities.  This requirement would mean a redesign of both diagnostic equipment and locations for patient interactions to assure that individuals with disabilities who could not utilize currently available diagnostic equipment or provider locations will, in the future, have access to the care and services available to individuals without disabilities.  They must be able to have access to—and independently be able to enter, use, and exit—the equipment to the maximum extent possible.  This is significant because of the often high cost of diagnostic equipment and space requirements at provider locations.

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ILN Today Post

DAVIS MALM EARNS PRESTIGIOUS 2010 CHAMBERS USA RANKINGS

June 11, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com

Davis Malm is pleased to announce that the firm has been selected for inclusion in the 2010 Chambers USA directory of recommended law firms and lawyers. The firm’s Employment Practice and three Davis Malm attorneys are included in the just-released 2010 directory. Not only is the firm listed as a “go-to” firm in the labor and employment area, but also three of the firm’s attorneys, C. Michael Malm,George L. Chimento, and David Rapaport are highlighted as “Leaders in their Field” for their exceptional work in their respective areas of Real Estate, Employee Benefits and Executive Compensation, and Labor and Employment. Selection by Chambers and Partners is based on stringent criteria and inclusion in the directory is a highly coveted honor. Please click here to see Davis Malm’s listing in the 2010 edition of Chambers USA.

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ILN Today Post

C. MICHAEL MALM, GEORGE L. CHIMENTO, AND DAVID RAPAPORT SELECTED 2010 CHAMBERS USA "LEADERS IN THEIR FIELD"

June 11, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com

Davis Malm is pleased to announce that C. Michael MalmGeorge L. Chimento, and David Rapaport have been selected as 2010 Chambers USA “Leaders in their Field” for their exceptional work in their respective areas of Real Estate, Employee Benefits and Executive Compensation, and Labor and Employment. The firm’s Employment Practice was also selected by Chambers as a “go-to” firm in the labor and employment area. Selections are featured in the just-released 2010 Chambers USA directory. Selection by Chambers and Partners is based on stringent criteria and inclusion in the directory is a highly coveted honor. Please click here to see Davis Malm’s listing in the 2010 edition of Chambers USA.

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