Monthly Archives: March 2012

Erik L. Kantz speaks to business lawyers at the ABA Business Law Section Spring Meeting in Las Vegas

Arnstein & Lehr Attorney Erik L. Kantz

Erik L. Kantz

Arnstein & Lehr Chicago Partner Erik L. Kantz spoke to members of the American Bar Association’s Business Law Section at its annual Spring Meeting, held March 22 – 24, at Caesar’s Palace in Las Vegas, Nevada. Erik spoke on two panels, titled “Guiding the Private Company Board” and “Unique Consideration in Selling Private Companies to Private Equity Investors.” Both programs were well attended, indicating an appetite among lawyers and their clients for small and middle-market business expertise.

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Lori Adelson quoted in Business Insider article on illegal interview questions

Arnstein & Lehr Attorney Lori Adelson

Lori Adelson

Arnstein & Lehr Fort Lauderdale Partner Lori Adelson was quoted in a March 21 article in The Business Insider. The article, “9 Common Interview Questions That Are Actually Illegal,” discusses illegal questions asked during job interviews. Ms. Adelson was cited as the sole expert and listed nine of the common illegal questions asked during an interview that are often mistaken as appropriate.

To read the article in full, please click here.

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Richard L. Rosenbaum quoted in USA Today on “Stand your ground” laws

Arnstein & Lehr Attorney Richard L. Rosenbaum

Richard L. Rosenbaum

Arnstein & Lehr Fort Lauderdale Partner Richard L. Rosenbaum was quoted in a March 21 article in USA Today. The article, “Florida case reignites debate over stand-your-ground laws,” discusses a law in at least 21 states that allows citizens to use deadly force without attempting to retreat when threatened outside the home. Mr. Rosenbaum comments that the law has been great for defense lawyers since it has helped a lot of people get off on self-defense that would have been found guilty.

To read the article in full, please click here.

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Are Your Employees’ Tips Subject To Garnishment?

By Matthew Sorensen

Wage garnishment can pose a number of potential problems for hospitality businesses.  This is particularly true where the employee whose pay is subject to garnishment receives tips. 

 

Garnishment is a legal procedure in which an employee’s earnings must be withheld by an employer for the payment of a debt under a court order.  When faced with a garnishment order involving a tipped employee, the employer must determine whether all or part of the employee’s tips must be included in the amounts withheld under the garnishment order.  This question turns on whether or not the employee’s tips may be characterized as “earnings” under the applicable garnishment statute.  A mistake by the employer could lead to significant liability.  Many state and federal laws concerning garnishment contain provisions that allow for direct employer liability for failing to timely respond to or follow a garnishment order.  On the other hand, federal and state wage and hour rules can create liability for wrongfully withholding an employee’s tips.  A recent Tennessee Appellate court ruling provides some additional guidance in this area that will likely have broader application to hospitality businesses around the country. 

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LMA2012 – Finding our Inspiration, Part II

Yesterday, we talked about the first half of Jim Kane’s keynote presentation at the 2012 Legal Marketing Association’s Annual Conference. Now, let’s jump into the second part!

The Stages of Love

After discussing the various levels of relationships, Jim moved on to talk about the stages of love – the first stage is attraction, which is contextual and about recognizing something familiar in the other person. We desire what is familiar and what we aspire to. In the legal industry, this is known as “marketing.” Our job as marketers is to understand what attraction is for our various audiences – in particular, to understand that one size doesn’t fit all.

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ILN Today Post

FINAL FTC PRIVACY REPORT SEEKS NEW LAWS, SUPPORTS ‘DO NOT TRACK,’ EXEMPTS SMALL BUSINESSES, AND TARGETS DATA BROKERS

The final privacy report just issued by the Federal Trade Commission (FTC) substantially reflects the preliminary staff report (click here to view previous Alert) on consumer privacy and data collection practices issued by the FTC in December 2010 – albeit with a number of rather important changes.

In “Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers,” the FTC sets forth a framework for some “best practices” for businesses to adopt to protect the privacy of American consumers and to give them greater control over the collection and use of their personal data. These best practices include making privacy the “default setting” for commercial data practices and giving consumers greater control over the collection and use of their personal data through simplified choices and increased transparency. More…

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ILN Today Post

Employee Relations and Safety Update – March 2012

Small mistakes can have million dollar consequences

When is a union official not a union official

An exciting announcement about Gadens Lawyers’ Perth office

Small mistakes can have million dollar consequences

By Meryl Remedios of Gadens Lawyers, Sydney

A recent investigation by the Fair Work Ombudsman (FWO) has highlighted the importance of compliance with industrial instruments and manager training. The investigation into a retailer with over 30 stores in Queensland, New South Wales, South Australia, Victoria and Western Australia has led to the discovery that 877 employees were underpaid a total of $1.376 million between March 2006 and March 2010. More…

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Multistate Tax Alert: Pennsylvania’s clarification of sales tax nexus standards spells more trouble for remote sellers

As we have discussed in prior Alerts, the remote seller industry is under attack by many states in an effort to force these businesses to collect sales tax in spite of their federal constitutional protections. Remote sellers include businesses that sell goods and services over the Internet or through catalogs.

The Pennsylvania Department of Revenue (DOR) was the latest state to join this battle when it recently released Sales and Use Tax Bulletin 2011-01 (The Bulletin) which adopts an aggressive “click-through” nexus standard and clarifies when a remote seller of property would be required by DOR to collect Pennsylvania sales tax. 

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Multistate Tax Alert: Proposed Ohio Financial Institutions Tax

On March 16, 2012, Governor Kasich made public the legislative language for Ohio’s new tax on financial institutions, including nonbank financial organizations. Taxpayers need to understand the basic aspects of the proposed tax and consider how it might impact their business.

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Multistate Tax Alert: Ohio General Tax Amnesty Program deadline approaches

Ohio’s General Tax Amnesty Program (Amnesty) starts on May 1, 2012 and ends June 15, 2012. Taxpayers with unpaid qualifying taxes due and payable prior to May 1, 2011 can enter Amnesty and pay the amount due without penalty and only half of the normal interest. Taxes covered under Amnesty include:

  • Sales
  • Seller’s use
  • Commercial activity
  • Personal income
  • School district income
  • Corporation franchise
  • Cigarette
  • Motor fuel
  • Dealer in intangible
  • Estate
  • Natural gas excise
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