Monthly Archives: June 2011

The Future of Employment Arbitration Agreements – The Legacy of AT&T Mobility LLC v. Concepcion

By:  Betsy Johnson and Evan J. Spelfogel

Employment litigation is growing at a rate far greater than litigation in general. Twenty-five times more employment discrimination cases were filed last year than in 1970, an increase almost 100 percent greater than all other types of civil litigation combined. Case backlogs at the U.S. Equal Employment Opportunity Commission (“EEOC”) and in state and federal courts and administrative agencies nationwide number in the hundreds of thousands. Class and collective wage and overtime cases are inundating the courts. These types of cases now even outnumber discrimination cases. Most of the employment-related cases pending in the courts involve jury trials with lengthy delays and unpredictable results.

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OPM RFI Regarding Multi-State/National Insurance Plans

by Lynn Shapiro Snyder, Shawn M. GilmanAdam C. Solander, and Constance A. Wilkinson

On June 16, 2011, the Office of Personnel Management (“OPM”) released the Request for Information (“RFI”) regarding Section 1334 of the Affordable Care Act, which requires OPM to contract with health insurers to offer multi-state qualified health plans (“MSQHPs”). The purpose of the RFI is to provide OPM with information that will allow it to better understand the “interests and capabilities” of health insurance issuers that will offer MSQHPs through Health Insurance Exchanges. This alert summarizes the substantive information requested by OPM in the RFI.  Additionally, this alert provides the statutory context in which OPM is operating pursuant to Section 1334 of the Affordable Care Act.

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ILN Today Post

Building and Construction Update

Proportionate Liability – still causing insurance havoc

By Ray Giblett and Scott Laycock of Gadens Lawyers, Sydney

It is now several years since the commencement of proportionate liability in New South Wales[1] yet it continues to wreak havoc in the allocation and management of risk in a variety of contexts.  This is particularly so in the context of construction projects where parties routinely contract out of proportionate liability in an attempt to avoid a multiplicity of claims arising when something goes wrong.  read more

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ILN-terviews: Paul Feldman, Davis, Malm & D’Agostine, P.C.

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we chose ILN member, Paul Feldman of our newest member firm, Davis, Malm & D’Agostine in Boston.

In one sentence, how would you describe your practice?
I have a business practice specializing in real estate, environmental, and contract disputes.

Who would be your typical client?
Large publically traded companies and mid-sized closely held companies.

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Judge Denies TRO In Chicago Hot Dog/Trade Secrets War

Vienna Beef, the official hot dog of the Chicago Cubs, recently struck out in its effort to obtain a temporary restraining order against hot dog rival Red Hot Chicago, Inc. and the grandson of one of the founders of Vienna Beef, Scott D. Ladany.

Among other beefs in its federal court lawsuit, Vienna Beef accused the defendants of misappropriating trade secrets by using Vienna Beef recipes. As evidence of misappropriation, Vienna Beef pointed to Red Hot Chicago advertising material which made reference to using “family recipes” – that is, recipes now owned by Vienna Beef, rather than the defendants.

In response to Vienna Beef’s motion for a temporary restraining order to halt such alleged trade secret misappropriation, Ladany submitted an affidavit stating that Red Hot Chicago does not use the Vienna Beef recipe developed by his grandfather and that Red Hot Chicago’s recipe was in fact independently developed.

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Immigration Alert: June 2011

U.S. Supreme Court Sustains Constitutionality of Arizona Legal Workers Act

USCIS Updates FY 2012 H-1B Cap Count

Grand Jury Investigates Misuse of B-1 Visa Classification

DOS Issues Revised Online Nonimmigrant Visa Application (DS-160)

NLRB’s Counsel Updates Regions on Immigration Issues in NLRB Proceedings

FTC Settles Charges Regarding Privacy Concerns About Form I-9 Software Product

USCIS Proposes Enhancements to EB-5 Program

DOS, USCIS, and CBP Issue Summer Travel Reminders for Foreign Nationals

ICE and DOJ Continue Immigration-Related Enforcement Actions

Congress and State Legislatures Propose New Immigration Legislation

DOS Issues July 2011 Visa Bulletin

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Lawyers and the Blackberry Playbook

With my readers permission, today I´ll briefly address a different topic. Rather than analyzing a legal issue in my country, I´ll talk about a new gadget I got. Since early May, I´ve been using and exploring the Blackberry Playbook.

Much to my liking the Playbook has turned out an excellent choice for my line of work (when comparing it with my wife´s Ipad), considering I´m also a Blackberry phone user. The power combination of the Playbook and the phone, with the Bridge software is great for managing my emails, tasks, calendar and BB Messenger from the Playbook (of course, if I have the phone within reach).

One of the things everybody was saying about this first generation of Playbook is that it only works efficiently where there is a wi-fi connection, because it can´t be used with 3G. That is true to some extent. My solution is quite simple: whenever I need internet access for any of my apps and there isn´t wi-fi (let´s be honest: there are just a few places with no wifi) I use my phone internet to access it from the Playbook, using the internet tethering option of the phone.

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ILN Today Post

Connolly Bove Opens Newark, DE Office

Connolly Bove Opens Newark Office

Firm expands footprint in Delaware

Wilmington, DE – Connolly Bove Lodge & Hutz LLP is pleased to announce the firm has opened an office at 267 East Main Street in Newark, Del.

Business Law Group attorneys Max Walton and Josiah Wolcott are now based in the Newark office, and will focus on the following law practice areas: Government Representation (State, County & City) and Commercial/Construction Litigation. Other legal services include; Business Planning, Corporate Law, Commercial Real Estate, Intellectual Property, Estates & Trusts, Employment and Family Law.

To see the full release, click here: Connolly Bove Opens Newark Office.


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We Congratulate Our Firm, Epstein Becker & Green, on Its Recognition in Chambers USA 2011

As you may know, the authors of this blog are attorneys at Epstein Becker & Green, a national law firm with approximately 300 lawyers practicing in ten offices throughout the U.S.

Recently, Chambers USA released its 2011 edition, citing 23 of our attorneys as “Leaders in Their Field” and ranking our Healthcare practice in its “Nationwide Healthcare” category and as No. 1 in New York and the District of Columbia.

Noting the complementary strengths of our health and employment practices, the editors also stated that “The [EpsteinBeckerGreen] team adeptly undertakes an array of litigation, transaction and regulatory matters for its clients, and combines effectively with the Firm’s superb employment practice to form one of the finest integrated health care employment practices around.”

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Beyond Blogging: Twitter, Facebook and LinkedIn – A Re-Cap of LexBlog’s Webinar

This afternoon, I had the good fortune to sit in on Kevin O’Keefe’s webinar on “Beyond Blogging: Twitter, Facebook and LinkedIn.” I’m already sold on the benefits of all three for law firms, but I love hearing Kevin’s stories which I can relate to our attorneys to win them over. The five most important things I heard Kevin say in his webinar were:

  1. Starting to use these tools isn’t a strategy – it’s a tactic. Saying that the strategy is to get on LinkedIn, Twitter and Facebook is like saying you’re going to have the lawyers drive red cars. It doesn’t make sense. Use them as relationship-building tools and tools that frame your identity.
  2. Because media is more social, and a shared experience, you need to be doing those things that will cause your information to be shared by others who have people trusting them.
  3. Just because another law firm is doing something doesn’t mean you have to do it.
  4. It doesn’t matter if your clients or perspective clients ever see your information being shared or if they read your blog – influencers and amplifiers are seeing it and connecting you to the right people.
  5. Empower the lawyers at your firm to use social media to build relationships.
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