Monthly Archives: October 2012

Social media policy concerns gain traction as NLRB issues first decisions

In-house counsel can take lessons from two recent NLRB decisions

Arnstein & Lehr Chicago Partner Mark Spognardi and Milwaukee Associate Jesse Dill recently published an article entitled “Social media policy concerns gain traction as NLRB issues first decisions.” The article discusses the National Labor Relations Board’s (NLRB) two recent decisions regarding employers’ social media policy. The decisions are based on the employer social policies of Costco Wholesale Corp. and Karl Knauz Motors, Inc.

Mr. Spognardi and Mr. Dill state, “Readers may recall that over the past year the NLRB Acting General Counsel Lafe Solomon issued a series of memoranda that provided insight into its interpretation of how the National Labor Relations Act (NLRA) applies to social media policies and adverse employment decisions based on social media conduct.”

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ILN Today Post

Dr. Marek Jeżewski as an arbitrator in the Court of Arbitration at the Polish Chamber of Sport

Bearing in mind Mark Jeżewski’s years of experience in the field of arbitration the President of the Court of Arbitration at the National Chamber of Sport, Mr. Paweł Mazur, invited him to take the position of Arbitrator of the Court of Arbitration at the Polish Chamber of Sport.

The Court of Arbitration at the Polish Chamber of Sport was established to resolve disputes of a financial and non-financial nature within a wide range of sport activities. Arbitration at the Polish Chamber of Sport gives a chance of deformalization, fast and confidential dispute resolution by eminent experts with outstanding legal knowledge, as well as enjoying authority in the world of sport.

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OSHA FAQ Series (FAQ #2: Unpreventable Employee Misconduct Defense)

Back in March of this year, we answered five frequently asked questions related to OSHA inspections.  We received positive feedback from that post along with several requests to address new OSHA-related questions.  Accordingly, we started a new, monthly OSHA FAQ series last month, with the first FAQ post addressing potential triggers for OSHA inspections.

In this post, the second in the regular OSHA FAQ series, we focus on two common defenses to OSHA citations – “Lack of Employer Knowledge” and “Unpreventable Employee Misconduct,” and again, we have provided both a text version of the answer, and a webinar version with slides and audio.

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TARK GRUNTE SUTKIENE in the conference organised by the Ministry of Energy of the Republic of Lithuania

On 22 October 2012, the Lithuanian national group of the European Law Students’ Association (ELSA Lithuania), seeking to introduce the public to the current situation of energy independence of the country and peculiarities of the relevant legal regulation, organised the conference “Energy Independence Strategy 2020: Purposes and Legal Measures for their Achievement”.

The participants of the conference that took place in the Ministry of Energy of the Republic of Lithuania on the Monday afternoon had a possibility to hear reports of law firms’ representatives, as well as the speeches of Tadas Adomaitis, Electricity Market Project Manager of the Visaginas Nuclear Power Plant (hereinafter, the VNPP).

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ILN Today Post

Verification of identity – WA Landgate procedures

The MFAA, ABA, Gadens Lawyers, and a number of lenders have been holding discussions with WA Landgate regarding the verification of identity (VOI) procedures for mortgagees.  This report provides the outcome of those discussions.

The procedures were set out in a Joint Practice Statement dated 20 June 2012.  Gadens summary of the Practice Statement can be accessed here, and the Practice Statement can be accessed at http://www.landgate.wa.gov.au/docvault.nsf/web/PS_CIB/$FILE/VOI_Practice_WA-20June2012.pdf More…

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ILN Today Post

Cost of defend interest as a scale in the judicial costs reasonableness assessment: legal view of the Supreme Commercial Court of the Russian Federation

Presidium of the Supreme Commercial Court of the Russian Federation (hereinafter – the
Presidium) clarified several controversial issues regarding the judicial costs refund: in the Ruling No. 2598/12 dated July 24, 2012 (hereinafter – the Ruling) it draws attention to the criteria of reasonableness in courts’ definition of judicial costs refund.

The Ruling was adopted in relation to the dispute between Perspektivnye tekhnologii LLC
(hereinafter – the Company) and Tax inspectorate that the Presidium reviewed in the nadzor procedure. More…

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ILN Today Post

Federal Antitrust Service of Russian has issued certain relevant clarifications to the requirements for advertising of alcohol

Overview

Starting from July, 23, 2012, certain amendments became effective to the Federal Law of March, 13, 2006, No. 38-FZ “On Advertising” (“Advertising Law”), in relation to advertising and promotion of alcohol products. Bearing in mind the significant impact of such amendments to the alcohol market, the Federal Antitrust Service of the Russian Federation (“FAS Russia”) has issued certain relevant clarifications with its Letter No. AK/29977 “On the Latest Amendments to the Requirements for Advertising of Alcohol” dated September, 13, 2012. On October, 16, 2012, this Letter was supplied with the Letter of the FAS Russia No. AK/33491 (“Letters”).

By means of the Letters, the FAS Russia clarifies the criteria which should be taken as guidelines in determining the Internet advertising, or compliance of certain other types of alcohol advertising with the statutory requirements (e.g. sponsorship advertising,  advertising on the territory of railway stations and airports, etc.). Below we outline certain provisions of the Letters which may directly affect the activity of companies in HoReCa industry. More…

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Harley Storrings quoted in South Florida Sun Sentinel on the danger of talking about politics in the workplace

Arnstein & Lehr Attorney Harley Storrings

Harley Storrings

Arnstein & Lehr Miami Partner Harley Storrings was quoted in an October 16 article in the South Florida Sun Sentinel, titled “Politics and the workplace can be combustible mix.” The article discusses how some employers may restrict political talk at work, if it interferes with productivity, and how companies can prohibit outright campaigning. Mr. Storrings comments that if an employer tries to influence the way their workers vote, the workers should voice their concern. However, they should also be prepared if action is taken against them.

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David L. Newman coauthors article in SRR Journal on ADR process and use of damages experts

Arnstein & Lehr Attorney David L. Newman

David Newman

Arnstein & Lehr Chicago Partner David L. Newman has coauthored an article that was recently published in the SRR Journal, titled “New ADR Process Facilitates Call by Judges Rader and Posner for Better Use of Damages Experts in Patent Litigation.” The article discusses earlier use of damages experts as part of an improved alternative dispute resolution (ADR) process. Mr. Newman and his coauthors argue that, in many circumstances, earlier use of damages experts will provide superior ADR proceeding results while more effectively using damages experts in a less costly manner.

To read the article in full, click here.

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Jason Tremblay speaks on best practices at seminar on Illinois workers’ compensation laws

Arnstein & Lehr Attorney Jason Tremblay

Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay presented at a seminar on October 17, sponsored by Corkill Insurance, at the Sheraton Elk Grove Village. The seminar was titled “Changes in Illinois Workers’ Compensation Laws: New Opportunities for Employers.” Mr. Tremblay discussed the topic of best practices for legally handling workers’ compensation situations. Approximately 50 people attended, consisting of HR professionals, safety compliance officers, business owners and insurance adjusters.

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