Monthly Archives: September 2011

ILN Today Post


The Federal Trade Commission (FTC) is seeking public comments on proposed amendments to the Children’s Online Privacy Protection Rule (the Rule), which gives parents control over what personal information websites may collect from children under 13 years of age.

Specifically, the Rule imposes certain requirements on operators of websites or online services directed to children under 13 years of age and operators of websites or online services that have actual knowledge that they are collecting personal information online from children under 13 years of age (collectively, operators). Among other items, the Rule requires that operators provide notice to parents and obtain their verifiable consent prior to collecting, using, or disclosing personal information from children under 13 years of age.

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ILN Today Post

NCCP ACT amendments – hardship, leases, reverse mortgages, and small amount lending

NCCP ACT amendments – hardship, leases, reverse mortgages, and small amount lending

By Jon Denovan of Gadens Lawyers, Sydney

Amendments to the National Consumer Credit Protection Act 2009 are likely arising from the Consumer Credit and Corporations Legislation Amendment (Enhancements) Bill 2011(Cth) presented to the Commonwealth Parliament on 21 September 2011.  The key changes are summarised below.  The changes are intended to commence on 1 July 2012.

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Environmental Alert: The President abandons a tighter Ozone Standard: What it means

What it means

On Friday afternoon, September 2, 2011 of Labor Day weekend, President Obama made a surprising announcement. His administration decided to abandon the proposed tightened Ozone Standard by which we measure the country’s air quality, thereby suggesting that the haze in those lazy, hazy, crazy days of summer would be with us at current levels for two more years. Environmental groups saw the President’s decision as a betrayal and capitulation to congressional and business pressures. Business and manufacturing groups saw the decision as the only logical choice in a job-strapped economy.


What is the Ozone Standard?

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Estate Planning Alert: Attention executors and beneficiaries: more time….

Estate tax return deadlines deferred

After months of uncertainty as to Estate Tax filings for decedent’s who died before December 17, 2010, the day the President signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (TRUIRJCA-covered in prior alerts and referred to “the Act”), the IRS announced on September 13, 2011 that the normal six month extension of time to file Form 706-US Estate Tax Return will be available with an extension of time to pay the estate tax that would be due. The due date for the Form 706 for those decedents had been set by the Act as September 19, 2011, nine months after enactment and later than the normal due date for all decedent’s who died before December 17, 2010. Normally, the estimated estate tax must be paid with the request for the extension of time to file.

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Mergers and Acquisition Alert: Changes to Hart-Scott Rodino filing requirements…

Recently adopted changes to the notification requirements under the Hart-Scott-Rodino Anti-trust Improvements Act of 1976 (“HSR”) will likely substantially increase the quantity of information and documentation which must be submitted to the federal government in connection with certain merger and acquisition transactions. These changes will require M&A transaction parties to plan carefully for possible HSR filings during the initial stages of the transaction process in order to avoid possible delays while awaiting clearance of the transaction from the federal government.


Overview of HSR

HSR requires parties considering a merger or acquisition of a certain size to prepare and file a notification regarding the transaction to the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”). Any transaction that involves:

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Settling an FLSA Collective Action? Not So Fast!

By:  Amy Traub and Christine Fletcher

Once a settlement has been reached in an FLSA collective action, the defendant-employer typically wants that settlement to go into effect and end the case as soon as possible, so that the company can get past the myriad of distractions brought by the suit. However, as litigants increasingly are finding, the parties’ agreement to settle an FLSA collective action is nowhere near the end of the road, or the end of the case. There is a “judicial prohibition” against the unsupervised waiver or settlement of claims brought under the FLSA. Settlements must be “supervised” by the Department of Labor or a court, and gone are the days where the court would rubberstamp the parties’ FLSA collective action settlement agreement. Instead, courts nowadays are scrutinizing the settlement to ensure the “fairness” of the agreement.

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FLSA Claims Are Becoming More Difficult to Settle Prior to Class Certification

Arnstein & Lehr attorney E. Jason Tremblay

E. Jason Tremblay

On August 4, 2011, we reported on the case of Dionne v. Floormasters Enters, a case from the Eleventh Circuit Court of Appeals that effectively allowed an employer to avoid paying attorneys’ fees in an FLSA lawsuit and also allowed the dismissal of an FLSA lawsuit prior to class certification where an offer of judgment made by the employer made the plaintiff-employee “whole.” However, since then, several other circuits, namely the Third and Ninth Circuit Courts of Appeal, have published contrary decisions holding that an offer of judgment made by an employer to a plaintiff-employee in an FLSA case will not moot the case where the court has not yet ruled on class certification.

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Building Relationships and Trust in a Network of Lawyers, Part II – Guest Post from Barry Camson

Barry Camson is an organization development consultant and trainer who works with organizations to help them be more collaborative and effective. He is a former practicing attorney in Boston. He can be reached at


In the first post, we discussed how the characteristics that may make an attorney an effective advocate for his or her clients can often lead to a less successful law firm environment. Today, we will focus on how the ILN handles things differently in their Network.

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Robin Trupp secures veterinary malpractice victory for owner of deceased prize-winning show horse

Arnstein & Lehr attorney Robin S. Trupp

Robin S. Trupp

Tampa Partner Robin Trupp, serving as lead counsel on the case, recently secured a major veterinary malpractice victory for his client, the owner of a prize-winning show horse, against a well-known veterinarian on the horse show circuit.

A Fifteenth Judicial Circuit Court of Florida, Palm Beach County jury found Dr. Haynes Stevens and his company, Equine Services, Ltd., liable for professional negligence (malpractice) for his treatment of Grandeur, a prizewinning horse owned by Arnstein & Lehr’s client, Dawn Fogel. The horse died following a medical misdiagnosis and subsequent negligent treatment by Dr. Stevens. Dr. Stevens practices in Florida, Kentucky and Illinois and is popular on the horse show circuit.

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Unemployed – A New Protected Characteristic?

By: Michael A. Kalish

The following does not depict an actual interview.  Rather, it is a fictitious illustration (at least for now).

Interviewer:    So tell me why you’re interviewing for the position we’ve advertised.

Interviewee: That’s an easy one.  Because I’m unemployed and I need a job.

Interviewer: What happened with your last job?

Interviewee: I wasn’t very good, and they needed to reduce headcount, and I was an easy place to start.

Interviewer: There appears to be gaps on your resume between all six of the jobs you’ve had.  Six months here, two years there.  What happened with your leaving those jobs?

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