Monthly Archives: October 2012

ILN Today Post

Insolvency in the construction industry

In August 2012 the NSW Government announced an Inquiry into Construction Industry Insolvency in NSW, to be chaired by Bruce Collins QC.  The inquiry has now published its discussion and issues paper.

The discussion paper is very focussed on the interests and rights of subcontractors, being the group perceived to be most directly affected by contractor insolvency.  Although the comments in the introduction to the discussion paper appear to concede that much of the problem is created by cyclical commercial pressures and subcontractor mismanagement, the paper proposes significant changes with a view to reducing the risk to subcontractors of further contractor insolvency.  The underlying premise to the proposals is that, without intervention, subcontractors are not sufficiently able to protect their interests when contracting or during the course of a project. More…

Read full article
ILN Today Post

New review rights when councils block spot rezonings

From 2 November 2012, developers and landowners will be able to formally apply for a review when a local council blocks a spot rezoning.

The new regime is based on proposals that were released in draft form in April this year and could amount to a significant change in the way the NSW planning system works. More…

Read full article

Clark Wilson client Respect Your Universe, Inc. opens the TSX

Clark Wilson client Respect Your Universe, Inc. (RYU) opened the market yesterday for the TSX. The opening was attended by Cam McTavish and Victor Dudas of our Corporate Finance & Securities Group. Respect Your Universe, a premium performance apparel and equipment company inspired by Mixed Martial Arts, commenced trading on TSX Venture Exchange on August 3, 2012.

Read full article

Modifying Workweeks to Avoid Overtime: Employers Should Still Proceed With Caution

By:  Elizabeth Bradley

The U.S. Court of Appeals for the Eighth Circuit recently confirmed that the Fair Labor Standards Act (“FLSA”) does not prohibit an employer from modifying its workweek in order to avoid overtime costs. The Court’s ruling in Redline Energy confirms that employers are permitted to modify their workweeks as long as the change is intended to be permanent. Employers are not required to set forth a legitimate business reason for making the change and are permitted to do so solely for the purpose of reducing their overtime costs. The only requirement on employers is that the change must be intended to be permanent.

Read full article
ILN Today Post

Hannes Küün became senior associate and Kristi Relvik associate

TARK GRUNTE SUTKIENE associate Hannes Küün passed an examination administered by the Estonian Bar Association and was awarded the qualification of a sworn attorney. Hannes joined the firm in 2008 and has been practicing as an attorney from 2010. He is a member of the M&A practice group.

Lawyer Kristi Relvik passed the bar examination and was admitted to the Estonian Bar Association. Kristi joined the firm in 2012 and is a member of the dispute resolution team. She has extensive experience working as an in-house lawyer, having worked as a lawyer and personnel manager for the Estonia’s leading bread manufacturer, AS Leibur, for eight years; in the years 2004 to 2009 Kristi was also a board member of the company.

Read full article

OIG Opines Favorably on Hospital Emergency Department Call Coverage Arrangement

On October 23, 2012, the Office of Inspector General (“OIG”) issued a favorable response to a hospital’s request regarding its payment of per diem fees to various physician specialties in exchange for emergency department call coverage and related services.  Based on the facts as certified by the hospital-requestor, the OIG concluded that, although the arrangement […]

For more information please visit www.omwhealthlaw.com or click on the headline above.

Read full article
ILN Today Post

Employees admit to cheating on taxi expenses

Almost one in three (31%) employees are routinely defrauding their employers and topping up their monthly pay, either by adding extra to their taxi bills or claiming for taxi journeys that are not business related, according to a UK survey by expense management company Spendvision.

Research of 1,000 employees who regularly use taxis for work-related travel found almost a quarter (23%) of respondents will routinely ask for a blank receipt so they can add a few extra pounds before submitting their expense claim. One in ten (10%) admit going a step further and filling in claims for taxi journeys that have nothing whatsoever to do with work.

Read full article

Reducing the Cost of Patent Litigation 2012-10-31 13:32:22

The problem of excess discovery expense is felt as much in patent litigation as any area of the law. This state of affairsmotivated the Federal Circuit Advisory Council to take action. With the leadership of Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit, a committee of distinguished jurists and attorneys was formed to address the problem of increasing discovery cost. Rader noted to the committee — and later in his speech introducing the committee’s work product — that his deep concern about the expense of patent litigation stemmed from input he had received, not only in the United States, but from respected voices abroad.

Read full article

Update to OSHA’s Severe Violator Enforcement Program

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

Back in September, we posted an article critiquing OSHA’s Severe Violator Enforcement Program (“SVEP”) in general, and the newly announced “exit criteria” in particular.  Since that time, in the beginning of October, OSHA updated its embarrassing SVEP Log that it maintains for public consumption on the OSHA website.  With the new data included on the SVEP Log, we thought this would be a good time to provide an update about the SVEP, including:

Read full article
ILN Today Post

Hannes Küün became senior associate and Kristi Relvik associate

TARK GRUNTE SUTKIENE associate Hannes Küün passed an examination administered by the Estonian Bar Association and was awarded the qualification of a sworn attorney. Hannes joined the firm in 2008 and has been practicing as an attorney from 2010. He is a member of the M&A practice group.

Lawyer Kristi Relvik passed the bar examination and was admitted to the Estonian Bar Association. Kristi joined the firm in 2012 and is a member of the dispute resolution team. She has extensive experience working as an in-house lawyer, having worked as a lawyer and personnel manager for the Estonia’s leading bread manufacturer, AS Leibur, for eight years; in the years 2004 to 2009 Kristi was also a board member of the company.

Read full article