Monthly Archives: September 2012

Finders, Keepers? Not So Fast: The Perils of Using Unlicensed Brokers to Connect to Investors

Katherine R. Lofftby Katherine R. Lofft

There are myriad opportunities right now for new businesses and talented entrepreneurs targeting healthcare, particularly in the IT sector.  It’s an exciting time for people and companies looking to harness the promise of innovation and the power of technology to improve health care delivery, empower patients and lower costs.

However, even the best ideas usually require money to get off the ground.  Sometimes they require more capital than the founders or management, or their family and friends, have available. While there are many individuals and institutions around the country with money to invest, it can be hard for the average start-up or emerging business to identify and appeal to them, or to distinguish itself from competing investment opportunities.

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A trend worth watching – Illinois becomes the second state to prohibit employers from requesting social network passwords

As reported in General Counselor just recently, Illinois has now become the second state (Maryland was first), to prohibit employers from requesting that employees or prospective employees provide their “passwords or other related account information” to their social media accounts, such as Facebook.  On August 1, 2012, Illinois Governor Pat Quinn signed into law an amendment to Illinois’ Right to Privacy in the Workplace Act, (829 ILCS 55/), providing for this prohibition, which is effective January 1, 2013.

Given this growing legislative trend, employers are well advised to take another look at their social media policies and their hiring and background check practices, to ensure they are compliant with their respective state law.  More legislative developments are expected as social media remains a hotly contested arena in the employment law context.

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Seventh Circuit takes another look at reassignment as a reasonable accommodation under the ADA

Jesse R. Dill

Jesse R. Dill

Reasonable accommodation. Those are words that can keep employers up at night. Often, it’s not clear what is a mandatory reasonable accommodation for an employee with a disability or what is an accommodation that imposes an undue hardship on the employer.

A recent Seventh Circuit opinion, EEOC v. United Airlines, Inc., No. 11-1774 (7th Cir. Sept. 7 2012), reexamined whether transferring an employee with a disability to a vacant position is a required reasonable accommodation under the Americans with Disabilities Act. Under the Seventh Circuit’s old analysis of EEOC v. Humiston-Keeling, 227 F.3d 1024 (7th Cir. 2000), the court held an employer is not required to reassign an employee to a vacant position when they are no longer qualified for their previous position due to a disability.

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ILN Today Post

Multi Brand Retail and Other Big Ticket FDI Reforms on Track

The Government of India (“GoI”) on September 14, 2012 has finally decided to permit Foreign Direct Investment (“FDI”) in multi brand retail, a decision much awaited by the industry players and foreign investors. The decision to permit 51% FDI in multi brand retail will clear the way for a number of multi brand retailers to open stores in India. However, subject to final release of the notification for amending the FDI Policy of India, the permission to bring in FDI in multi brand retail is reportedly expected to come with certain conditions, which would, inter alia, include:

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Government outlines unfair dismissal and tribunal reforms

Business Secretary Vince Cable has unveiled the latest round of proposed employment law reforms, which aim to simplify and speed up the process of ending the employment relationship when it breaks down. The proposals are most likely to benefit small businesses.

The Coalition Government started a systematic review of employment law in 2010. This Employment Law Review is now half way through its work, and sits alongside the Employment Law-related Red Tape Challenge to reduce regulatory burdens on business.

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Change of TARK GRUNTE SUTKIENE Latvia’s office location

From today (September 17, 2012) TARK GRUNTE SUTKIENE Latvia changes the location of it’s office, and further on will welcome it’s clients, cooperation partners and colleagues in the new office at

Andreja Pumpura ielā 2
LV-1010, Rīga
Latvija

All telephone and fax numbers will remain the same.

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Ronald Fieldstone authors article for REBusiness on the advantages of the EB-5 program

Arnstein & Lehr attorney Ronald R. Fieldstone

Ronald R. Fieldstone

Arnstein & Lehr Miami Partner Ronald R. Fieldstone wrote an article, “EB-5 Program Infuses Foreign Capital Into U.S.,” for REBusiness Online on September 11. In the article, Mr. Fieldstone discusses how the the EB-5 program has generated a unique opportunity for real estate developers and operators. He states, “The program provides needed capital, job creation and the migration of wealthy foreigners to the U.S. To date more than $3 billion of capital has been funded under the program.”

Additionally, Mr. Fieldstone provides three main factors in the evaluation process to meet the competitive demand for investor capital. He also gives examples of various ways the program is being utilized.

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John L. Ropiequet published in ABA Journal of Affordable Housing & Community Development Law

Arnstein & Lehr Attorney John L. Ropiequet

John L. Ropiequet

Arnstein & Lehr Chicago Partner John L. Ropiequet has written an article in the American Bar Association Journal of Affordable Housing & Community Development Law, titled “Assessing the Impact of Wal-Mart Stores, Inc. v. Dukes on Fair Lending Litigation.” The article focuses on what has occurred in fair lending following the U.S. Supreme Court’s decision in Wal-Marl Stores, Inc. v. Dukes decided last summer.

To read the article in full, please click here.

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WHEN A MANDATARY’S OVERSIGHT DOEST NOT BIND THE MANDATOR

In theory, section 2160 of the Civil Code of Quebec is clear. In fact, the mandator is liable to third persons for the acts performed by the mandatary in the performance and within the limits of his mandate and even if the acts exceed the limits, unless the mandator has not ratified such acts.

In the field of insurance, where every company does business with numerous adjustors, a simple mistake on coverage could benefit insureds who could eventually receive an insurance indemnity not otherwise owed.

In the judgment De Melo vs. Promutuel L’Outaouais, the Court of Quebec rendered an interesting decision regarding whether acts and words of an adjustor were binding upon the insurance company which had given him a mandate.

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David L. Newman quoted in E-Commerce Times on Samsung’s suit against Apple for infringing on patents

Arnstein & Lehr Attorney David L. Newman

David L. Newman

Arnstein & Lehr Chicago Partner David L. Newman was quoted in a September 12 article in E-Commerce Times, titled “When iPhone 5 Lands, Samsung’s Ready to Pounce.” The article discusses Samsung’s plans to file suit against Apple in Europe and the U.S. for infringing on several patents it holds relating to LTE, as it is expected that the iPhone 5 will be equipped with LTE functionality. Mr. Newman comments that if the patents involved are subject to FRAND terms, then Apple will probably have little to worry about, as anything involving a FRAND patent is less likely to receive an injunction.

To read the article in full, please click here.

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