Monthly Archives: March 2011

Red Flags Rule No Longer Applicable to Healthcare Providers

New Appellate Court ruling determined that based on the Red Flags Rule Clarification Act of 2010 the applicability of the Red Flags Rule to lawyers, and by analogy to healthcare providers is no longer valid.

Read full article

Court of Appeals Analyzes Red Flag Program Clarification Act

The Court of Appeals for the District of Columbia issues the first case analyzing the Red Flag Program Clarification Act of 2010.

Read full article
ILN Today Post

A new Ammendment to the Company Law in the DR

Current Company Law No.479-08, have been modified by Law No.31-11 of February 10th, 2011. Some of the company types have been modified, as well as new types have been created. We´ll prepare an in depth look into this new law and will share with our readers the most important aspects.

Come back soon as I´ll be posting my thoughts on the new law.

Read full article
ILN Today Post

A new Ammendment to the Company Law in the DR

Current Company Law No.479-08, have been modified by Law No.31-11 of February 10th, 2011. Some of the company types have been modified, as well as new types have been created. We´ll prepare an in depth look into this new law and will share with our readers the most important aspects.

Read full article
ILN Today Post

Immigration Alert: March 2011

March 2011

  1. Potential Immigration Consequences of Government Shutdown
  2. Employers Must Now Complete Revised Form I-129 and Answer Questions Relating to Export Controls and “Deemed Exports”
  3. ICE Sends Out Form I-9 Audit Notices to 1,000 Employers
  4. DHS Plans to Implement E-Verify Self-Check System
  5. Second Circuit Directs Discovery of Immigration Status in NLRB Proceeding to Determine Eligibility for Backpay
  6. Illinois District Court Directs Discovery into Immigration Status in Personal Injury Action
  7. New York District Court Finds Employer Violated FLSA by Refusing to Reimburse H-2B Workers for Visa, Travel, and Other Expenses
  8. Eighth Circuit Rejects Discrimination Claim Based on Immigration Status
  9. IRS Instructs Employers Regarding Alien Withholding
  10. DOS Issues March 2011 Visa Bulletin
Read full article
ILN Today Post

Paul Starkman discusses gender bias claims in Business Insurance article

Paul E. Starkman

Chicago Partner Paul Starkman was quoted in the February 21 Business Insurance article, “Gender bias claims not slowing down.” Mr. Starkman discussed the factor of increased litigiousness by employees.

Read full article

ACCORDING TO THE COURT OF APPEAL, TRAFFICKING AND POSSESSION OF MARIJUANA CONSTITUTES A CRIMINAL ACTIVITY WITHIN THE MEANING OF A RESIDENTIAL POLICY

On January 12th, 2011, the Court of Appeal of the district of Montreal rendered a judgment in the case of Promutuel Bagot c. Lévesque (published at EYB 2011-184931 (C.A.)), regarding the scope of a clause included in a residential insurance policy which excluded constructions used in whole or in part for criminal activities. The three judges analyzed the factual circumstances of the case, but did not conclude in the same manner.

Download the publication

Read full article

COMMON LAW COUPLES: ADJUSTING TO THE CHANGING SOCIAL REALITY OF QUEBEC FAMILIES

A November 3, 2010 Quebec Court of Appeal decision has been touted as a significant victory for the rights of common law spouses living in Quebec. The case of Droit de la famille-102866, 2010 QCCA 1978, focused on the constitutionality of Article 585 of the Civil Code of Quebec (CCQ), which provides that “[m]arried or civil union spouses, and relatives in the direct line in the first degree, owe each other support”. Unlike all other Canadian provinces, unmarried cohabitants (“de facto” or “common law” spouses) in Quebec do not have rights under Article 585 CCQ or any other law to claim spousal support upon the termination of their relationship.

Download the publication

Read full article