Monthly Archives: November 2010

ILN Today Post

Bonhomme, Maclean’s “meilleurs amis”

In an update to a story we shared with you a few weeks ago, a report today that the organizers of the Quebec Winter Carnival and Maclean’s magazine have reached a settlement regarding Maclean’s use of the image of Bonhomme – mascot of the Carnival – as part of a cover image promoting an article on corruption in Quebec.   While Carnival organizers confirmed the settlement and advised that they were “pleased”, specific terms of the settlement were not disclosed.

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ILN Today Post

"Goddess Shift" Wins Book Award

I’m thrilled to report that Goddess Shift: Women Leading for a Change just won the USA Book News “Best Books 2010” award in the Women’s Issues category, and was a finalist in the Anthologies Nonfiction category.

Goddess Shift is an anthology of personal stories written by 43 women in leadership positions about how they have empowered themselves to create change in all walks of life. I am honored to be among the book’s contributors, which include Oprah Winfrey, Suze Orman, Venus & Serena Williams, Angelina Jolie, Madonna, Barbara Walters, Olympia Dukakis, and Maya Angelou. 

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Georgia Enacts New Restrictive Covenant Law and Empowers Judges to "Blue-Pencil"

Co-authored by Kenneth G. Menendez.

Back in May, on the last day of the 2010 session of the Georgia General Assembly, lawmakers passed a bill totally revamping Georgia’s restrictive covenant law (House Bill 173). Unlike most laws, however, this Act was not effective either upon passage by the General Assembly or upon signature by the Governor. Rather, this Act became effective on the day following the 2010 general election, if ratified in the form of an amendment to the Georgia Constitution providing for the enforcement of restrictive covenants in commercial contracts that limit competition.

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Newly Proposed Wage Order Merges Restaurant and Hotel Industry Wage and Hour Requirements

By: Amy J. Traub

The New York State Department of Labor recently issued a proposed rule which would combine the current wage orders for the restaurant and hotel industries to form a single Minimum Wage Order for the Hospitality Industry. If adopted, the Wage Order would affect requirements related to the minimum wage, tip credits and pooling, customer service charges, allowances, overtime calculations, and other common issues within the restaurant and hotel industries. Additionally, the Wage Order would provide helpful guidance for traditionally ambiguous wage issues such as the handling of service charges and the definition of an employee uniform for purposes of a laundry allowance. Highlights of the Wage Order include:

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ILN Today Post

DAVIS MALM ATTORNEY REBECCA L. ANDREWS TO PARTICIPATE IN WOMEN’S BAR ASSOCIATION MENTORINIG PROGRAM AT BU SCHOOL OF LAW

On November 2, Davis Malm attorney Rebecca L. Andrews participated in a Women’s Bar Association mentoring program for female law students at Boston University School of Law. Ms. Andrews, a 1999 graduate of BU Law School, was joined by other successful female attorneys on a panel to discuss the various legal career paths available to the students and to provide insights from their experiences and career choices. The panelists also discussed how being a woman has played a role in their careers. Ms. Andrews discussed her experience in both the Massachusetts Appeals Court and the U.S. Court of Appeals for the First Circuit, as well as her private practice experience.

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ILN Today Post

Sarbanes-Oxley Whistleblower Complaint Dismissed for Failure to Enumerate Basis of Statutory Protection

An in-house patent attorney who protested that his employer knowingly assigned a $50 million value to acquire patents alleged to be worthless could not link his discharge to whistleblower activity protected by the Sarbanes-Oxley Act. Affirming dismissal in Vodopia v. Koninklijke Philips Electronics, N.V., et al., the Second Circuit Court of Appeals observed that: (1) the complaint clearly centered on the plaintiff’s concern that the patents were invalid, not on the value the company assigned to them; and (2) the complaint did not allege that the $50 million value assigned to those patents was ever reported to the public or to shareholders.

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