To read the full article click here.
Monthly Archives: June 2011
Partner Samuel Levine presents foreclosure defense webinar for IRELA and Attorneys Title Guaranty Fund, Inc.
Chicago Partner Samuel Levine participated in a web presentation on foreclosure defense for the Illinois Real Estate Lawyers Association and our client, Attorneys Title Guaranty Fund, Inc. The topics discussed at the webinar included what lenders can do to prevent foreclosure defenses and protection of mechanics lien claimants, junior lienors and community associations in foreclosure.
We kicked off the Saturday morning session with a presentation from Mr. Norman Zivin of one of the ILN’s member firms in New York, Cooper & Dunham, who reported on their recent involvement in a Supreme Court case and the implications for ILN member firms, both in the US and abroad.
Norman said that the case involved a deep fryer, a product made by their client, SEB, a French company in Lyon. A number of years ago, they brought a lawsuit against a company in Hong Kong for infringement of the patent. The opposing side defended on the grounds that they couldn’t have infringed the patent because the products were made and sold in China. They said that therefore, they don’t do any business in the United States and couldn’t have induced anyone to infringe, because they didn’t even know that SEB had a patent.
PROPOSED VOLUNTARY GUIDELINES ON FOOD MARKETING TO CHILDREN
In an effort to combat childhood obesity, former Senator Sam Brownback and Senator Tom Harkin directed the Federal Trade Commission (FTC), the Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDCP) and the Department of Agriculture (USDA), to establish an Interagency Working Group (IWG) consisting of nutrition, health and marketing experts to develop recommendations for the nutritional quality of foods marketed to children, ages 2-17.
In response to that directive, the IWG developed the following nutrition principles and marketing criteria for implementation by the year 2016.
In an eagerly anticipated opinion, the U.S. Supreme Court issued its decision in Wal-Mart v. Dukes today. The Court held that insufficient proof existed to allow certification of a class of more than one million women in a sex discrimination suit against Wal-Mart. The Court ruled only on the procedural issue of whether a class should be certified and not on the merits of the plaintiffs’ discrimination claims.
In Wal-Mart, the plaintiffs sought certification of a class of over one million women claiming that Wal-Mart had a companywide policy of discriminating against women in pay and promotion. The plaintiffs initially sought to include women who were not even employed by Wal-Mart when the lawsuit was filed in 2001. The Court of Appeals for the Ninth Circuit allowed certification of a narrowed class of women who worked at the company at the time of the 2001 suit. Wal-Mart appealed that decision arguing that the plaintiffs could not show that the claims of the over one million women were sufficiently similar to support certification as a class.
During our 2011 23rd Annual Meeting, we were fortunate to welcome the Secretary of State for Presidency of the Council of Ministers, Mr. Joao Tiago Silveira, as our speaker. His topic, “Modernization of the States and of the Administration,” covered the Portuguese government’s efforts to streamline their services by putting them online and making them more efficient.
McDonald Hopkins’ Associate, Adrienne Asimou, was featured in the June 2011 article, “Court Reform-Ohio’s procedures for appealing workers’ compensation issues to court are ripe for change,” published by Cleveland Metropolitan Bar Journal.
“Golf Exchange presented by The Honda Classic” aired its 24th episode of the 2011 season Sunday, June 12, on both ESPN Radio 760 in West Palm Beach, with signal coverage from Fort Lauderdale to Port St. Lucie, and also 790 The Ticket in Miami, with signal coverage from Key West to Delray Beach.
Peter Bernhardt was a co-host.
Within the EU, it is relatively easy to get a court of one member state to recognise and enforce a judgment of another member state. As the Czech Republic is in the EU, it is not surprising that the defendant is concentrating on Czech assets in other EU states. The Czech government is arguing that the judgment is not yet “final” and, if that is right, it should not be enforceable at all, but some member states are more willing than others to allow “protective measures”, that is the freezing or restraining of assets pending the outcome of proceedings. That is what has happened in Austria, but the English court would be far less willing to do that.
On Wednesday, June 15, 2011, the Department of Homeland Security launched a wide-scale audit of employers’ hiring records to assess compliance with employment eligibility verification laws. For the second time this year, Homeland Security’s Immigration and Customs Enforcement (“ICE”) Office delivered Notices of Inspection to 1,000 employers advising that ICE will audit those employers’ I-9 Forms. In addition, as part of the audits, ICE will also review employers’ payroll records, lists of employees and former employees, articles of incorporation, and other employment-related documents.
In announcing this latest round of audits, ICE indicated that it is “targeting” certain industries that have a role in the nation’s “critical infrastructure and key resources.” These industries include food production, information technology, health care, transportation, financial services and construction. The inspections are not limited to large employer, but according to ICE will target “employers of all sizes and in every state in the nation.”