Monthly Archives: September 2012

OSHA Reveals Unfair Exit Criteria from Its Unconstitutional Severe Violator Enforcement Program

By Eric J. Conn, Head of the OSHA Practice Group

On June 18, 2010 OSHA replaced its much-maligned Enhanced Enforcement Program (EEP) with a new and equally problematic initiative called the Severe Violator Enforcement Program (SVEP).  The SVEP is intended to focus OSHA’s enforcement resources on those employers whom OSHA believes demonstrate indifference to their OSH Act obligations by committing certain types of violations, including:

  • Any violation categorized as “Egregious”;
  • One or more Willful, Repeat or Failure-to-Abate violations associated with a fatality or the overnight hospitalization of three or more employees;
  • Two or more Willful, Repeat or Failure-to-Abate violations in connection with a high emphasis hazard (generally speaking, the subjects of OSHA’s special emphasis programs, including falls, amputations, grain handling, etc.); or
  • Three or more Willful, Repeat or Failure-to-Abate violations related to Process Safety Management (prevention of the release of a highly hazardous chemicals).
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Lidings helped Hamé succeed in bringing defendants to trademark infringement liability

On 11 September, the Presidium of the Supreme Arbitrazh Court upheld the application for supervisory review of the pate producer against Lytkarinsky meat processing plant. This decision drew a line under the long-term dispute between Hamé, on the one side, and Ruzkom (producer of counterfeit packing) and Lytkarinsky plant (pate producer), on the other.

It started more than two years ago when Hamé filed a suit against the companies alleging them to infringe its trademark. It took seven court instances to find both producers liable. Although the Federal Antitrust Service and the Arbitrazh courts hold Ruzkom liable for producing counterfeit packing with reasonable confidence, the question of Lytkarinsky plant’s liability as a meat processor got much more difficult to answer. The Presidium had to choose between two competing positions: does the fact of Lytkarinsky plant’s indication as the meat processor on counterfeit packing define its liability, or this is an insufficient ground as it has not tried to imitate Hamé’s packing.

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Charles W. Pautsch “Say on Pay” article appears in September issue of Financier Worldwide

Arnstein & Lehr Attorney Charles W. Pautsch

Charles W. Pautsch

Arnstein & Lehr Partner Charles Pautsch examines voting and litigation trends following the second year of executive compensation proxy contests under Dodd-Frank in his article, “US say-on-pay results and litigation trends.” He looks at the role of the ISS as companies react to the results of these contests. Mr. Pautsch’s analysis also tracks the direction of lawsuits following these proxy contests and explains where companies have found success in litigation.

The say-on-pay provisions were added to Dodd-Frank in 2009 as part of a series of reactions to the alleged abuses of Wall Street that led to the economic crisis of fall 2008.

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Erik L. Kantz featured in Financier Worldwide, Faces of M&A 2012

Arnstein & Lehr Attorney Erik L. Kantz

Erik L. Kantz

Arnstein & Lehr Chicago Partner Erik L. Kantz was featured in a special edition of Financier Worldwide, titled “Faces of M&A 2012: Market Commentary from Leading Advisers.” In a two page spread that includes Mr. Kantz’s photo and description of his expertise, Mr. Kantz writes about the current mid-market acquisitions which are bolstering M&A activity, and the various factors that are driving this activity.

To read this commentary in full, please click here.

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West Palm Beach office receives award from Fidelity Title Company

Arnstein & Lehr West Palm Beach OfficeArnstein & Lehr’s West Palm Beach office recently received an award from Fidelity Title Company. The firm was recognized for being a Top 10 Agent in Palm Beach County. The award was granted based on the amount of money the office remitted back and the number of policies handled.

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ALM’s Cross Border M&A Forum

One of the initiatives we undertake here at the ILN is marketing partnerships, where we arrange for an in-kind trade of services for various events in the legal industry. When the events are fairly local to me, I’ll go in person to “woman” the table with our materials, answer any questions that might arise, and also sit in on the sessions.

Last week, I was fortunate enough to participate in two such events. The first of these was American Lawyer Media’s Cross Border M&A Forum – right up our alley, since much of the work that happens in the ILN is cross-border. 

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ILN Today Post

FAS Russia Recommendations to Distributors and Producers of Automotive Components in the Russian Federation

Federal Antimonopoly Service of the Russian Federation (FAS Russia) has published on its Internet site in the section “Clarifications” (in Russian only) the Recommendations to Distributors and Producers of Automotive Components in the Russian Federation dated 7 September 2012.

By these Recommendations FAS Russia suggests to distributors and producers of automotive components to comply with the certain requirements in the process of establishing relationship with dealers and service centers. It is recommended, inter alia, the following: More…

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ILN Today Post


Royal Oak, Michigan, September 18, 2012:  Twenty-five of Howard & Howard’s attorneys were recently named to Michigan Super Lawyers® and Michigan Rising Stars 2012 as a result of a survey by Law & Politics Media, Inc.  They were selected through a process which included peer evaluation and independent research.  Only five percent of the attorneys in Michigan were named to the Super Lawyers list and two and one half percent to Rising Stars.

The Howard & Howard attorneys and the practice areas under which they are listed in Michigan Super Lawyers 2012 are as follows: More…

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ILN Today Post

Bahamas: Frequently Asked Questions: International Business Company

1. What is an International Business Company in The Bahamas?
An International Business Company is a Company which is tailored for the international business market. Such a Company is incorporated under the International Business Company Act 2000 of the Commonwealth of The Bahamas.

2. What is the purpose of an International Business Company?
An International Business Company can be used as an investment vehicle. It may own real  state, operate foreign currency bank accounts, own shares in another company or act as a director and or officer of another company. It may also be used in conjunction with a trust. More…

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TARK GRUNTE SUTKIENE contributes to European Parliament Study

TARK GRUNTE SUTKIENE was a contributor to the Studies for the European Parliament on “Corporate Social Responsibility – Proposals for Initiatives and instruments at EU level to enhance legal certainty in the field of corporate social responsibility” (“Responsabilité sociale des entreprises – Initiatives et instruments de niveau européen capables d’améliorer l’efficience juridique dans le champ de la responsabilité sociale des entreprises”). The Study carried out for the Policy Department C: Citizens’ Rights and Constitutional Affairs of the European Parliament at the request of the Committee on Legal Affairs.

TARK GRUNTE SUTKIENE contributions covered the jurisdictions of Estonia, Latvia and Lithuania. The project was lead by Piret JesseInese Hasenfusa and Renata Damanskyte. Also Hannes VallikiviTanel KüünKarl-Erich Trisberg,Andra Rubene and Agnius Pilipavicius participated in the project.

This Study in Frenchis available on the European Parliament’s site, click HERE. An English translation of this Study is being prepared by the European Parliament’s teams and will be available in October.

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