Monthly Archives: December 2011

Real Estate Alert: Florida Legislature provides permit extensions

Earlier this year, the 2011 Florida Legislature acknowledged the challenging real estate market in Florida by passing and enacting legislation providing for the extension of certain permits and development approvals (Chapter 2011-139, Sections 73 and 79). Whether an extension is available depends on the type of permit, the current expiration date of the permit, whether a statutory time extension was previously granted, and under which section of the law the request is made. Permits extended under this new law continue to be governed by rules in effect at the time the permit was issued, except when the rules in effect at the time the permit was issued would create an immediate threat to public safety or health. Of particular note, extension requests must be made in writing to the applicable authorizing agency by December 31, 2011. This alert provides information on the different categories of requests.

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ILN Today Post

ILN Member Zhong Lun Law Firm Shortlisted for Chambers China Awards 2012

The awards that Zhong Lun is shortlisted for are in the categories of Banking and Financing, Capital Markets (Debt & Equity), Competition and Anti-trust, Corporate/M&A, Dispute Resolution, Employment, Energy and Natural Resources, Private Equity, Projects & Infrastructure, Restructuring and Insolvency, Tax and TMT.

Of the 54 Chinese law firms that are shortlisted for Chambers China Awards 2012, Zhong Lun Law Firm ranks the 2nd with Jun He Law Office, both shortlisted for 12 awards, next only to King & Wood which is shortlisted for 15 awards. Please click here for the shortlist.

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ILN Today Post

Retail lease disputes: Rethinking Mediation before proceedings?

The recent Supreme Court decision in Fordham Laboratories Pty Ltd v Sor and Anor[1] (Fordham’s Case) gives cause to rethink the ‘default’ approach of mediation of disputes under the Retail Leases Act 1994 (NSW) (the Act).  read more 

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New Jersey Appellate Division Upholds Immunity for Health Care Entity That Provided Negative Information About Former Employee in Response to Request for a Reference

On December 1, 2011, the Superior Court of New Jersey, Appellate Division, upheld immunity from civil liability for certain health care entities that provide information in good faith about a current or former employee’s job performance to another health care entity.Senisch v. Carlino, A-6218-09T3 (N.J. App. Div. Dec. 1, 2011). Specifically, the court granted civil immunity to a health care entity under the New Jersey Health Care Professional Responsibility and Reporting Enhancement Act (the “Act”),[1] in connection with its reporting of negative, but truthful, information to another health care entity about a former health care professional’s termination of employment.

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A Special Report on Business Restructuring and Bankruptcy: Restructuring concepts for troubled restaurant franchisees

It should come as little surprise that rising food and commodity costs, unstable energy prices and high unemployment are key ingredients to the current stagnant economy affecting the fast food and casual dining industry in the United States. While 2010 showed signs of growth, some fast food and casual dining franchises struggled. Given the relatively low menu prices and ubiquitous attraction for the average American consumer, one would assume that restaurant franchisee’s fortunes do not falter when the economy lags. In a low margin business, maintaining high customer volumes is critical to success. Unfortunately, that success is not the reality for every restaurant franchisee.

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Joe R. Ourth submits letter to state board arguing for suspension of new hospital approvals

Arnstein & Lehr Attorney Joe R. Ourth

Joe R. Ourth

Chicago Partner Joe R. Ourth recently submitted a letter to the chairman of the State Health Facilities Planning Board on behalf of Sherman Hospital, Advocate Good Shepherd Hospital and St. Alexius Medical Center. The letter stated that the board should wait to approve any new hospitals until Illinois establishes a Center for Comprehensive Health Planning called for in legislation. The news was featured in the following media outlets: Crain’s Chicago Business, The State Journal-Register, Carmi Times, WQAD-TV Channel 8 (ABC), Northwest Herald, Town Crier, The Daily Herald and Huntley Patch.

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TARK GRUNTE SUTKIENE awarded the Dispute Resolution Law Firm of the Year 2011

TARK GRUNTE SUTKIENE was awarded the Dispute Resolution Law Firm of the Year 2011 in Lithuania by Acquisition International Magazine. By its decision the international publication acknowledged the achievements of the Dispute Resolution and Competition practice group of the law firm. The group is headed by attorney at law Dr. Lina Darulienė, a partner of the law firm.

In 2011 the lawyers of the Dispute Resolution and Competition practice group represented UAB Philip Morris, Viasat AS, AB Klaipėdos Nafta and other clients in complex disputes with the Competition Council, the Drugs, Tobacco and Alcohol Control Department and in legal proceedings regarding public procurement, unfair competition, indemnification, recognition of transactions to be invalid, recovery of debts, restitution of property and cases pertaining to disputes of shareholders.

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Addressing Employee Work Stoppages: Does Your Hotel Have an Internal Employee Complaint Procedure?

By: Paul Rosenberg

On December 9, 2011, the U.S. Court of Appeals for the District of Columbia (“the Court”) refused to enforce a National Labor Relations Board (“NLRB”) decision that a hotel unlawfully suspended hospitality workers who engaged in a work stoppage.  Fortuna Enters. LP v. NLRB, D.C. Cir., No. 10-1272 (December 9, 2011).  In this case, UNITE HERE – the largest hospitality union in the country – was seeking to organize employees of the hotel. While the union organizing drive was ongoing, the hotel suspended an employee pending an investigation into whether he stole property from a hotel guest. The next morning, 70-100 employees gathered in the hotel’s cafeteria demanding to speak with management regarding their co-worker’s suspension.  This type of assembly is a common tactic which UNITE HERE relies upon to cause a wedge between management and the employees. In this case, the strategy proved somewhat effective.

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Randall L. Sidlosca quoted in The Real Deal article on a possible visa waiver for Brazilians

Arnstein & Lehr Attorney Randall L. Sidlosca

Randall L. Sidlosca

Miami Partner Randall L. Sidlosca was quoted in a December 2 article in The Real Deal titled “What would a Brazilian Visa Waiver mean for the Miami Real Estate Market”. The article discusses the possibility of Congress passing a bill that would remove visa requirements for travelers from Brazil, who currently need to apply for a visa to travel to the country. The article includes Mr. Sidlosca’s comments regarding the positive impact of a visa waiver on Miami’s real estate market, where Brazilians are purchasing high-end condos.

To view the article in full, please click here.

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Jason Tremblay discusses litigation involving HR professionals in Human Resource Executive article

Arnstein & Lehr attorney E. Jason Tremblay

E. Jason Tremblay

Arnstein & Lehr Partner E. Jason Tremblay was interviewed and quoted in a December 8 online article in Human Resources Executive titled “When HR Sues.” The article discusses litigation by HR professionals and the problems companies face when HR is involved in litigation. In the article, Mr. Tremblay offers several tips for staying out of court when it comes to HR professionals or any other employee.

To view the article in full, please click here.

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