Monthly Archives: September 2012

Seminar on trade secrets started a cycle of training seminars for clients of the firm

On 21 September 2012 Inga Klimašauskienė, attorney-at-law with TARK GRUNTE SUTKIENE, gave a seminar “Trade secrets and their legal protection” to members of the association Apsaugos Verslo Grupė (Security Business Group). With this seminar, the attorney-at-law started a cycle of seminars offered to members of the association on topics important for the member companies. It is planned that by the end of this year seminars will be organised for members of the association on labour law, civil procedure and other legal topics relevant for such companies. In the seminars, lawyers of our law firm who are experienced in a relevant field are going to share their knowledge and experience.

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Immigration Alert: September 2012

DOS Issues October 2012 Visa Bulletin and Projects Future Demand for Immigrant Visas

Congress Extends E-Verify as ICE Expands Worksite Enforcement Efforts

NLRB Alleges Unfair Labor Practice for Unilaterally Implementing E-Verify

Congress Extends EB-5 Immigrant Investor Program, and USCIS Establishes a New Office to Oversee This Program

Congress Extends Conrad 30 J-1 Waiver Program

GAO’s Welfare Ruling May Impact Immigration Rulemaking

Second Circuit Strikes Citizenship Requirements for Professional Health Care Licenses

DACA Beneficiaries Are Not Covered by Affordable Care Act

New Developments in Immigration-Related Litigation

Sharp Reduction in New State Immigration Legislation Should Help Employers

CBP Discontinues Admission Stamps on Form I-20/DS-2019 and Proposes Elimination of I-94 Record

United States and Russia Negotiate New Visa Agreement

DOS Issues Instructions for the 2014 Diversity Lottery Program

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Crafting A Strong E-Discovery Proposed Order

In an earlier article on January 5, 2012, we discussed how New York practitioners should stay abreast of important new rules and proposed rules governing e-discovery in both the state and federal courts in New York. At that time, the New York State Bar Association had just released a report titled, “Best Practices in E-Discovery in New York State and Federal Courts,” which contains practical “hands on” advice concerning the preservation, collection and production of ESI.

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ALM’s Cross Border Litigation Forum

Last Wednesday, I attended ALM’s Cross-Border Litigation Forum. After the opening remarks, whose theme was that the complexity of cross-border litigation has (unsurprisingly) increased with globalization, we had a keynote address from Franco Ferrari, the Executive Director for the Center for Transnational Litigation and Commercial Law at New York University School of Law. His keynote focuses on Enforcing US Money Judgments Abroad: Debunking a Myth.

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ILN Today Post

A developer’s dilemma: parent company liability

Most developments are carried out by a special purpose vehicle, a company set up specifically to purchase the site and carry out the development.  One of the reasons for this is that it enables liabilities to be contained within that company. In what circumstances can that strategy fail?

The 2009 case of Ackers v Austcorp International Ltd1 highlighted the potential for parent companies to be held liable for misleading and deceptive representations made by a subsidiary company.  The subsidiary company, which was the seller under various sale contracts, through its agents, was found to have made representations to buyers about capital gains and returns on their units.  The development had been completed and the seller company wound up by the time the action was commenced.  The buyers were therefore seeking compensation from the parent company Austcorp.  Austcorp was found to be liable because, as would be the case with most developments, all of the marketing material referred to the development as an Austcorp development and bore the Austcorp logo. More…

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Managing young drivers’ occupational road risk

Employers should consider the experience and training of young drivers at work as early as the recruitment stage, according to the findings of a report from the Royal Society for the Prevention of Accidents (RoSPA).

Young drivers up to age 25 make up an estimated 8% of the licence holders but are known to be involved in around 25% of road accidents. They are more likely to be involved in an accident than any other age group and four times more likely to be involved in an accident when accompanied by passengers their own age. 

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Vancouver’s PIRET opens the TSX

Clark Wilson client Pure Industrial Real Estate Trust opened the market today as it received final approval from the TSX to list its Class A trust units. Units commenced trading on the TSX today, representing an important milestone in the maturation of the open-ended investment trust. PIRET was ranked number 10 in the Diversified Industries sector in 2011 and 2012, and was “Pick of the Street” in 2011 on the TSX Venture 50. Fittingly, PIRET, whose trading symbol is AAR, rang the bell on International Talk Like a Pirate Day.

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6 tips for complying with EEOC guidance when using arrest and conviction records

Arnstein & Lehr attorney Mark A. Spognardi

Mark A. Spognardi

Chicago Partner Mark Spognardi recently wrote an article, “6 tips for complying with EEOC guidance when using arrest and conviction records,” that discusses the Equal Employment Opportunity Commission’s April 2012 revision of the Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Right Act of 1964 (Guidance).

Mr. Spognardi states, “Under the Guidance, an employer may commit disparate impact discrimination against a protected minority classification if the evidence shows that its facially neutral arrest and conviction policy or practice disproportionately denies employment to a protected minority group and the employer cannot demonstrate that the policy or practice is relevant to the position in question and consistent with business necessity.” In the article, he explains in further detail the effects the EEOC’s new revision has on employers and employees.

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Using Video to Market Legal Services

In what proved to be our most popular webinar yet, the Legal Marketing Association’s Social Media Special Interest Group held a session yesterday on using video to market legal services. We were fortunate to have three stellar presenters – Adam Stock of Allen Matkins, Adam Severson of Baker Donelson, and Mark Beese of Leadership for Lawyers.

Their presentation was very interactive, and answered the questions I think we’ve all had on our minds about video, starting with the most important…

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ILN Today Post

ASIC review of early termination fees

On 18 September 2012, ASIC released report 300 titled ‘Review of Early Termination Fees for Residential Loans entered into before 1 July 2011’.

From 1 July 2011, early termination fees have been prohibited on new Code regulated loans secured by residential property.  However, many residential loans entered into before 1 July 2011 include a fee styled either ‘early termination fee’ or ‘deferred establishment fee’ (both called ‘exit fees’ in this report). More…

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