Monthly Archives: October 2012

IRS Limits Increase for 2013

The federal government has released the 2013 CPI adjustments which affect many tax-favored employee benefits. Key provisions for retirement plan sponsors are in the following grid, and the full list is in IR-2012-77. If you need historical data, IRS also maintains a helpful table showing yearly adjustments to most limits since 1989, including the 401(k) deferral limit in that year of only $7,627!

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Employee Benefits Alert: The IRS announces new pension plan limitations for 2013

On October 18, 2012, the IRS announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for the tax year 2013. Many but not all of the limitations have changed.

Below are the 2013 plan limitations:

2013 Retirement Plan Limits

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MDL Asbestos Judge Holds Navy Ship Not A "Product" Under Strict Liability Law

Guest bloggers David M. Governo and Corey M. Dennis are attorneys at Governo Law Firm in Boston, where they focus on the defense of toxic tort, product liability, environmental, and insurance coverage claims. Mr. Governo is the immediate past Chairman of the Toxic Tort and Environmental Law Section of the Federation of Defense & Corporate Counsel (FDCC).

Earlier this month, Judge Robreno of the U.S. District Court of the Eastern District of Pennsylvania, who presides over the federal Asbestos Products Liability Litigation consolidated Multidistrict Litigation docket (MDL 875), considered an issue of first impression under maritime law in Mack v. General Electric Company, MDL-875, No. 2:10-78940-ER, 2012 WL 4717918 (E.D. Pa. Oct. 3, 2012): whether a Navy ship is a “product” under strict product liability law.

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Ohio Supreme Court Reverses Itself, Holding That Noncompete Agreements Do Transfer To The Successor Corporation After A Corporate Merger

Earlier this year, we wrote about the Ohio Supreme Court’s decision, Acordia of Ohio, L.L.C. v. Fishel et al., (“Acordia I”), in which the Court held that when a company that was the original party to a noncompete agreement merges in to another company, unless the noncompete agreement contained a “successors and assigns” clause, the merger was a termination of employment which triggered the running of the restrictive period in the noncompete.

Last week, in Acordia II, the Ohio Supreme Court reversed that decision, holding that after a merger, an “absorbed company ceases to exist as a separate business entity,” but that it is not “erased from existence.” Rather, “the absorbed company becomes a part of the resulting company following merger” and therefore the “merged company has the ability to enforce noncompete agreements as if the resulting company had stepped into the shoes of the absorbed company.”

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Who Really Owns Your Social Media Content?

A key issue today is who holds the rights to LinkedIn content created and maintained by employees in their professional capacity.  A federal court recently decided that a dispute between an employer and employee regarding ownership of a LinkedIn account should proceed to trial.  Litigation such as this highlights the growing need for businesses to clearly communicate social media policies.

In the federal lawsuit company co-founder and employee Linda Eagle, Ph.D. had established a LinkedIn account and used it to promote the company and herself professionally and also to establish and maintain personal relationships.  After her termination, Dr. Eagle found she could no longer access the LinkedIn account associated with her name.  Individuals searching for Dr. Eagle’s profile were now routed to an account displaying the name and photograph of the company’s new Interim CEO.  This account listed the same honors, awards, recommendations, and connections as Dr. Eagle’s account had.

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Thadford A. Felton co-authors book on food industry management

Thadford A. Felton

Chicago Partner Thadford A. Felton recently co-authored the book “Food Industry management and Economic Development” with his father Dr. Edward Felton, Jr., a professor of Business Administration at The Mason School of business at The College of William and Mary.

The Felton’s come from a long tradition of farmers and agriculturalists and have observed and experienced firsthand the challenges faced in agriculture and food industries in both the United States and abroad. They own farmland and are involved in agricultural production.  They both have lived in Asia, Latin America, and the Middle East and have traveled in Africa, Europe, Australia, and New Zealand.  Their experiences, some professional and some personal, have given them exposure to a variety of public and private sector managers operating in agribusiness environments worldwide. These experiences have shaped their perspectives and views on the opportunities and challenges of managing food industries. Through management case studies, the book presents specific examples of opportunities in which private sector companies have participated in the establishment, expansion, and shaping of food industries and stimulated agricultural development.  The book is published by The Intermundia Press and is available online at

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Five Actions That Non-Union Employers Should Take to Retain Their Union-Free Status in 2013

I wrote the October 2012 edition of Take 5: Views You Can Use, a newsletter published by the Labor and Employment practice of Epstein Becker Green. 

In it, I outline five actions that non-union employers should take to retain their union-free status in 2013:

  1. Assess your company’s vulnerability.
  2. Ensure that company policies are compliant and pro-company.
  3. Analyze and arrange your company’s workforce to avoid micro-units.
  4. Be prepared to respond at the earliest signs of union organizing.
  5. Watch for NLRB developments directed at non-union employers.
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Religious Principles and Hospital Mergers: Addressing a Conundrum

By Dale C. Van Demark

As we weather what most industry watchers (including me) have observed is a renewed wave of hospital and provider consolidation, it is likely we will continue to see failed merger attempts involving religious and non-religious hospitals. The recent failures of the hospital mergers in Waterbury, Connecticut and in the Philadelphia suburbs are just two recent examples.

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ILN Today Post

Kochański Zięba Rapala & Partners representing “Fakt” newspaper win the case against R. Giertych

On 11 October 2012, the Court of Appeal in Warsaw dismissed in its entirety the appeal of Roman Giertych in the case against Ringier Axel Springer Polska, the publisher of “Fakt” newspaper.

Roman Giertych sued Ringier Axel Springer Polska, the publisher of “Fakt” newspaper, because of posts on the website made by Internet users after the publication of the article “Giertych chce odebrać immunitet Kaczyńskiemu” (en: Giertych wants to deprive Kaczynski of his immunity”) in “Fakt”.Giertych found these posts offensive and, referring to the principle of the liability of a hosting provider (website administrator) under the Act on the provision of services by electronic means, demanded the removal of these posts, the publishing of an apology on the, and websites as well as compensation in the amount of PLN 8,000. More…

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Rainmaking Recommendation from Jaimie Field Esq – How are you going to get there?

Here’s our latest recommendation from expert Jaimie Field!


Last night was the 2nd Presidential Debate. Did you watch?

Were you struck with the same question I was during the entire event?


Each of the candidates outlined their goals for the country but neither one explained how they were going to do it.

What does this have to do with Rainmaking? We all have the goal of getting new clients and more client matters from the clients we already have. The question is how are you going to get there.

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