Monthly Archives: July 2011

ILN Today Post

Not For Profits Update

ATO reconsiders tax exemptions for charities and not-for-profits: draft amendment to taxation ruling 2005/22 and a new version of the GiftPack is released

By Jon Cheung and Kimberley Vancuylenberg of Gadens Lawyers, Sydney

The ATO recently released a draft amendment to its public ruling 2005/22 which considers when companies will be income tax exempt under Division 50 of the Income Tax Assessment Act 1997. read more


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Download Our Additional Statewide Guides On Trade Secrets Laws, Published By EpsteinBeckerGreen And The Practical Law Company

The national law firm of EpsteinBeckerGreen, in conjunction with the Practical Law Company, recently wrote and published statewide guides on the trade secret laws of Illinois, Massachusetts, and New Jersey.

These guides, which were written by EpsteinBeckerGreen’s attorneys in a “question and answer” format, address trade secret and confidentiality laws affecting employers and employees. They focus on the legal requirements related to protecting trade secrets and confidential information.

Here is a list of the aforementioned guides which are now available:

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SOX Recap

Allen B. Roberts and Stuart Gerson are co-authors of the recent Law360 article Examining The Purpose Of Sarbanes-Oxley. This summary of recent Administrative Review Board actions explains the shift in the standards whistleblowers must meet, and how employers should prepare for this new era of litigation.

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EEOC to Employers Via $20M Verizon ADA Settlement: Can you hear me now?

The EEOC announced on Wednesday July 6, 2011 that it had settled a nationwide class disability discrimination suit with Verizon for $20 Million – the largest ADA settlement in EEOC history.  The EEOC filed suit in federal court earlier this month alleging that Verizon’s “no fault” attendance policies mandated “that when an employee accumulates a designated number of ‘chargeable absences’ an employee is placed on a disciplinary ‘step’ and additional ‘chargeable absences’ during such step period result in the placement of the employee in the next step, which has more serious consequences, up to termination.”

The EEOC noted that such policies made no exceptions for disability-related leaves, which is contrary to the EEOC’s enforcement position that one-size-fits-all leave periods for disabled employees (i.e., disabled employees have x number of days to return to work or face termination) are violative of the Americans with Disabilities Act.  The policy did exempt FMLA leave.

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Labor and Employment Alert: More changes on the horizon? DOL proposes new Persuader Activities Rule

More changes on the horizon?

DOL proposes new Persuader Activities Rule

On June 21, 2011, the Department of Labor (DOL) issued a Proposed Rule, which seeks to drastically expand the “persuader rule” currently in place. To that end, this Proposed Rule is designed to limit the “advice exemption” to the persuader rule, as it is currently constituted. Because this is simply a Proposed Rule, interested parties can submit comments for 60 days before it is implemented.

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McDonald Hopkins files federal lawsuit challenging constitutionality of Illinois statute: Hospital-based physicians seek to invalidate law

McDonald Hopkins files federal lawsuit challenging constitutionality of Illinois statute:
Hospital-based physicians seek to invalidate law

Chicago, Illinois (July 12, 2011) – Hospital-based pathology groups and physicians in Illinois filed a federal lawsuit on June 24, 2011, seeking to invalidate, on constitutional grounds, Illinois legislation designed to shift the burden of absorbing certain patient-related costs from insurers to practitioners of only a few specifically-enumerated medical specialties.

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Tom Zaino was quoted in "CNBC Ranks Ohio Fifth in the Nation for Cost of Doing Business," published by Ohio Business Development Coalition

McDonald Hopkins’ Member, Tom Zaino, was quoted in the July 2011 article, “CNBC Ranks Ohio Fifth in the Nation for Cost of Doing Business,” published by Ohio Business Development Coalition.

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ILN-terviews: Emre Özcan, Özcan & Natan

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, Emre Özcan of our member firm Özcan & Natan in Istanbul, Turkey.

In one sentence, how would you describe your practice?
Our practice is working to expand in the corporate-commercial, finance and real estate fields of law without losing its boutique nature.

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ILN Today Post

EROs Unconstitutional High Court Ruling (11.7.2011)

By Michelle O’Riordan, Solicitor, Employment and Pensions Unit

On 7th July 2011 the High Court ruled that certain provisions of the Industrial Relations Acts 1946 and 1990 (the “Industrial Relations Acts”) and the Employment Regulation Order (“ERO”) made on 12th May 2008 (SI 142 of 2008), which set certain minimum terms and conditions (including pay) for catering workers outside the County Borough of Dublin and the…

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Labor and Employment Alert: Ready or not, here they come: NLRB issues new Proposed Rule to revamp the union election process

Ready or not, here they come

NLRB issues new Proposed Rule to revamp the union election process

On June 22, 2011, the National Labor Relations Board (the Board) issued a Proposed Rule, which attempts to revamp the union election process. This Proposed Rule is designed to create more efficient and streamlined union representation elections.

Despite the Board majority’s characterizations of the Proposed Rule, many commentators believe that this Proposed Rule is the direct result of congressional failure to pass the Employee Free Choice Act. In fact, Board Member, Brian Hayes, noted as much in his dissent to the Proposed Rule, stating “the ‘problem’ which my colleagues seek to address through these rule revisions is not that the representation process takes too long. It is that unions are not winning more elections.”

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