Monthly Archives: May 2011

Partner Thomas White interviewed for Treasury & Risk article on 401(k) tiers

Thomas M. White

Chicago Partner Thomas White was interviewed for an article that appeared in the May issue of Treasury & Risk.  The article, entitled “Cheers for 401(k) Tiers,” addresses tiered investment strategies that aligns particular types of investments with the investing appetite and inclinations of plan participants. Treasury & Risk magazine serves as a resource for senior financial executives covering all areas of corporate finance including cash management, risk management, insurance and pensions.

To read the article, please click here.

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Jerry Siegan recognized for his artistic talents in Chicago Lawyer magazine

Chicago Lawyer May 2011 cover of Arnstein & Lehr attorney Jerold SieganArnstein & Lehr Chicago Partner Jerold Siegan is highlighted in the May issue of Chicago Lawyer magazine which this month includes a feature story on Chicago area lawyers with “interesting hobbies, talents and creativity.”  Mr. Siegan is included on the cover while standing in front of three of his paintings at our Chicago office with two other artists/performers.  Additional photos of Jerry and his art work are included inside the issue.  Mr. Siegan is an award-winning painter specializing in abstract expressionism, or what he prefers to call “complex minimalism.”  Many of his paintings are displayed in our Chicago office.

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Health Care and Life Sciences Employers: Let’s Meet on 6/7/11 in Washington, DC at Our HEAL (Health Employment And Labor) Summit

Please join the attorneys of EpsteinBeckerGreen on June 7, 2011, at the National Press Club, as we present eight panels covering labor and employment topics that have increasingly impacted employers in the health care industry.

Our first panel, entitled Significant Labor and Employment Issues that Affect Health Entities, will include representatives from the health care industry, such as a hospitals, skilled nursing facilities, and emergency medical services. These executive panelists will discuss the critical labor and employment issues they are currently experiencing and the greatest challenges they expect to manage. 

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Health Care and Life Sciences Employers: Let’s Meet on 6/7/11 in Washington, DC at Our HEAL (Health Employment And Labor) Summit

Please join David Barron, Jay P. Krupin, and other attorneys from EpsteinBeckerGreen as we present eight panels covering labor and employment topics that have increasingly impacted employers in the health care industry.

Our first panel, entitled Significant Labor and Employment Issues that Affect Health Entities, will include representatives from the health care industry, such as a hospitals, skilled nursing facilities, and emergency medical services. These executive panelists will discuss the critical labor and employment issues they are currently experiencing and the greatest challenges they expect to manage. 

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Health Care and Life Sciences Employers: Let’s Meet on 6/7/11 in Washington, DC at Our HEAL (Health Employment And Labor) Summit

Please join the attorneys of EpsteinBeckerGreen on June 7, 2011, at the National Press Club, as we present eight panels covering labor and employment topics that have increasingly impacted employers in the health care industry.

Our first panel, entitled Significant Labor and Employment Issues that Affect Health Entities, will include representatives from the health care industry, such as a hospitals, skilled nursing facilities, and emergency medical services. These executive panelists will discuss the critical labor and employment issues they are currently experiencing and the greatest challenges they expect to manage.

EpsteinBeckerGreen attorneys representing the Labor and Employment, Health Care and Life Sciences, and Corporate Services practices will review the issues of concern and, over the course of the day, offer practical advice and solutions.

For more details and registration information, please visit the EpsteinBeckerGreen HEAL Summit page.

We hope to meet you and other readers of this blog.

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Why Doesn’t the Supreme Court Provide a Pathway Through the Morass of Retaliation Law?

The EEOC has reported that it receives more charges of retaliation than any other type of employment discrimination charge, and that there are thousands of cases involving allegations of illegal retaliation filed every year.  Retaliation is often prohibited by statute, but the Supreme Court has expanded the scope of actionable retaliation lately, holding that there was a cause of action for retaliation even though the statute in question did not expressly cover the situation at issue.

The Fair Labor Standards Act (FLSA) prohibits discrimination against an employee “because such employee has filed any complaint” under the Act.  In Kasten v. Saint Gobain Performance Plastics Corp. (PDF), 563 U.S. ___ (2011), the U.S. Supreme Court held that, although there can be no retaliation if the employer is not on fair notice of the initial complaint, a complaint need not necessarily be in writing to trigger protection under the Act.  

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Supreme Court of Arkansas Refuses to Enforce Non-Compete Found In Lease Agreement

In Optical Partners, Inc. v. Dang, the Supreme Court of Arkansas recently refused to enforce a non-compete in a lease agreement — which clearly had been violated — because it did not arise out of a contract of employment or contract for the transfer of goodwill or property.

For several years, Kevin Dang, d/b/a Dang Eye Care & Associates, P.A., and Optical Partners, Inc. ran complementary businesses at virtually the same location. Dang performed eye exams and wrote prescriptions for glasses and contact lenses using office space leased in a location right next to his landlord Optical Partners, Inc., which (doing business as Pearle Vision) provided optician services, including filling eyeglass prescriptions and dispensing and fitting eyeglasses.

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CIPO Wares and Services Manual Contracts Again

In an update to this story, this morning CIPO announced its discovery that a number of the entries it added to the Wares and Services Manual as a result of Canada’s participation in the trademark identification harmonization project conducted by the Trilateral Partners do not comply with Canadian trademark requirements.

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Ask Friday! Conference Attendance Edition

With our Annual Meeting coming up in just a few short weeks, I wanted to dedicate this week’s “Ask Friday” to the question of “how can I make the most out of attending a conference?”  You might think that just showing up and attending the events is enough, but with a little bit of strategy, your pre, during and post conference activities can really make a difference in your experience.

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Employment law seminar- an invitation!

As highlighted in a previous blog, on 6th April 2011 the government introduced legislation which saw the abolition of the default retirement age and the related stautory retirement procedure. This means that employers can no longer automatically or lawfully retire employees simply on the basis that they have reached 65 years of age.
On Friday 20th May, we will be hosting a seminar to discuss the full implications of these changes for employers when dealing with the retirement of employees and succession planning in the workplace. The seminar will focus on:
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