Monthly Archives: October 2012

Women’s Initiative Member Michelle Capezza Receives Excellence in Achievement Award from Peter W. Rodino, Jr., Society

Michelle Capezza

Michelle Capezza, a member of the Women’s Initiative of Epstein Becker Green, is being recognized with the Excellence in Achievement Award from the Peter W. Rodino, Jr. Society at Seton Hall School of Law for her commitment to excellence and compassionate service in the field of law.

The award ceremony will be held at the Society’s annual banquet on October 17, 2012, in Newark, New Jersey. Click here to read more.

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Vanessa Cohn featured in South Tampa-Hyde Park Patch newsletter regarding donation to local Boy Scouts

Arnstein & Lehr Attorney Vanessa Cohn

Vanessa Cohn

Arnstein & Lehr Tampa Partner Vanessa Cohn’s donation to local Boy Scouts was featured in a September 26 article in the South Tampa-Hyde Park Patch email newsletter. The article, titled “Arnstein & Lehr donation helps Boy Scouts attend camp,” describes how Ms. Cohn’s donation helped local Boy Scouts attend summer camp. Thanks to Ms. Cohn, thirteen scouts from Tampa’s Troop 222 attended Camp Sidney Dew in the Appalachian foothills of northwest Georgia this summer.

To read the article in full, click here.

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Can a B.C. Court Compel a Capacity Examination?

Sometimes our courts will step in to address a gap in legislation using various time honoured principles such as “inherent jurisdiction” or parens patriae jurisdiction. This blog addresses the latter by reason of it being dealt with in a recent decision in the context of a request for a court ordered mental capacity examination.

Black’s Law Dictionary defines parens patriae jurisdiction as “the state in its capacity as provider of protection to those unable to care for themselves.” It is exercised by the courts, not the legislative or executive branches of the state. However, it is capable of being exercised only when the governing legislation does not “occupy the field”. In other words, when the legislation does not provide for the circumstances in question, the court can exercise its parens patriae jurisdiction, if necessary, for the protection of an individual.

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Susan E. Trench joins Arnstein & Lehr Miami office as partner

Susan E. Trench

Attorney Susan E. Trench has joined Arnstein & Lehr LLP as a partner in its Miami office.  She becomes a member of the firm’s litigation department and will focus her practice on business and commercial litigation and appeals, employment law and family law.

Ms. Trench has more than 30 years of experience and most recently was one of the named partners of Miami-based Goldstein, Tanen & Trench, P.A.  Throughout her career, she has been actively involved in all aspects of business litigation and appellate practice, representing both plaintiffs and defendants in resolution of business disputes of all kinds.  She has represented private employers and high level employees in developing and negotiating employment contracts, practices and procedures, negotiating severance packages, and pursuing and defending claims both administratively and through the courts.  She has also handled many family law cases and has negotiated and drafted numerous prenuptial agreements.

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In-Person OSHA Briefings (Rockford, IL / Columbus & Cincinnati, OH)

Please join us for one of a series of OSHA-related client briefings in Rockford, IL (October 15, 2012), Columbus, OH (November 14, 2012), or Cincinnati, OH (November 15, 2012).  The events generally cover half a day, with breakfast and lunch included.  Copies of the invitations with more detail are included below.  Feel free to contact us for more information and to RSVP for any of the upcoming briefings.

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Insurance Can Facilitate Environmental Transactions

Representations and Warranties” insurance has become a strategic option that can help clients mitigate risk and successfully buy and sell businesses. Over the past fifteen years, Reps and Warranties coverage has evolved to become a useful tool for getting deals done and use of the product has become increasingly popular.

In an excellent article titled, “Representations and Warranties Insurance as Deal Making Tool,” published in the New York Law Journal on September 24, 2012, Howard B. Epstein, a partner at Schulte Roth & Zabel, and Theodore A. Keyes, Special Counsel at the firm, provide useful and practical advice to the practitioner concerning the advantages and potential disadvantages of purchasing this coverage.

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Harley Storrings’ comments on businesses using volunteers and interns reappears in BusinessNewsDaily.com

Arnstein & Lehr Attorney Harley Storrings

Harley Storrings

Arnstein & Lehr Miami Partner Harley Storrings’ quote in a September 21 article on FoxBusiness.com, titled “Using Volunteers, Interns to Save? It Could Cost You,” was reworked into a list of tips in a September 26 article for BusinessNewsDaily.com. The article was titled “Tips for Hiring Interns and Volunteers.” The article posts Mr. Storrings’ tips for employers who are thinking of hiring interns and volunteers as free labors and explains the risks and back-pay penalties faced by small businesses if they try to avoid the labor rules.

To read the article in full, click here.

 

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Jason Tremblay speaks at Robert Morris University on legal issues in HR management

Arnstein & Lehr Attorney Jason Tremblay

Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay was a guest lecturer on September 26 for a Robert Morris University graduate school business class, titled “Legal Issues in Human Resource Management.” Mr. Tremblay discussed the issue of how to reasonably accommodate disabled employees under the Americans with Disabilities Act, as well as the issue of accommodating religious beliefs in the workplace under Title VII.

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California Supreme Court To Review Class Action Waiver Issue

By Michael Kun and Aaron Olsen

To the surprise of few, the California Supreme Court has decided to review the Court of Appeal’s decision enforcing a class action waiver in Iskanian v. CLS Transportation Los Angeles, LLC.

We wrote in detail about that decision on this blog earlier this year.

In reaching its conclusion, the Court of Appeals relied on the April 2011 United States Supreme Court’s landmark decision in AT&T Mobility, LLC v. Concepcion.  Whether the California Supreme Court will follow Concepcion or attempt to distinguish it is impossible to predict.   Unfortunately, while they await that decision, employers may not rely on Iskanian, which has been depublished pending review.

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Backstage Pass: Advertising Week 2012

Advertising Week is to the advertising industry and brands what the Emmys are for the television industry and what the Oscars are for the film and entertainment industry. I’ve had the honor of knowing the brainchild behind Advertising Week since its inception. Now in its ninth year, Advertising Week is bigger than ever – with five days of high-level programming hosted by and featuring some of advertising’s biggest names, including those agencies and brands who are leading the charge in innovation and creativity in our industry.

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