Monthly Archives: October 2012

Toxic Tort Plaintiff’s Feet Held To Fire On Causation Evidence In New York

New York’s appellate courts continue to hold toxic tort plaintiffs and their experts to rigorous standards when it comes to proof of causation. To escape an adverse summary judgment ruling, it is not enough for a plaintiff to merely allege, with the support of an expert, that she was exposed to a toxic substance, and that this exposure resulted in the illness alleged. Rather, the plaintiff must raise a triable issue of fact as to her “exposure to a specific toxin or allergen; quantify the level of exposure to some degree; and posit that such level of exposure was sufficient to produce the alleged injuries.” Such was the holding of the Appellate Division, First Department, in Cleghorne v. City of New York, (2012 NY Slip Op 06648), decided on October 4, 2012.

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Government red tape ‘obsession’ is a set back for safety law

A last-minute addition to the Enterprise and Regulatory Reform Bill has put workplace health and safety back into the Victorian age, according to a not-for-profit campaign group.

A new clause was introduced to the Bill as it went into its final stages in the House of Commons, which effectively waters down workplace health and safety regulations across the board, according to Karl Tonks, president of the Association of Personal Injury Lawyers (APIL).

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ILN Today Post

IS YOUR ACCESSIBILITY POLICY IN PLACE? E

What is the issue? 

The “Accessibility for Ontarians with Disabilities Act, 2005,” Customer Service Standard (Regulation 429/07), requires organizations who provide goods or services to the public or other third parties to have policies and procedures in place with respect to people with disabilities.

What are the requirements? 

There are 11 requirements to the Customer Service Standard. Among other things, your organization must: 

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ILN Today Post

LPA, Lefèvre Pelletier & associés (LPA) advises Management Team on Buyout of Satellite Provider SpeedCast by TA Associates

French law firm Lefèvre Pelletier & Associés (LPA) has advised the managers of SpeedCast Ltd in the buy-out of SpeedCast by US fund TA Associates) from Asia Satellite Telecommunications.

SpeedCast is a global network and satellite communications service provider, which provides satellite-based broadband access and other services in more than 30 countries, primarily in Asia, the Middle East and Africa. Founded in 1999 and based in Hong Kong, SpeedCast supplies broadband communications to telecom carriers, Internet service providers, governments and non-governmental organisations in areas where wire-based communication is impossible or impractical. More…

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ILN Today Post

Who are borrowers?

The press love to write about cases where loans are varied or set aside and embattled consumers declare victory over evil lenders.  This article seeks to restore some balance to the debate.

Borrowers who end up in the unfortunate situation of being unable to pay their loan sometimes lose their investment, sometimes lose their home, and sometimes even go bankrupt.  But in the vast majority of cases, that’s not the lender’s fault. More…

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Executor Compensation: The Basics

Executor compensation is a common issue in estate litigation. The executor is the person appointed by the will to administer the estate and distribute the estate assets according to the terms of the will. Sometimes a clause in the will states that the estate must pay a certain fee to the executor for completing his or her executor’s duties. These clauses are called charging clauses. When a will does not contain a charging clause, the British Columbia Trustee Act (the “Act”) governs executor compensation.

The Act imposes a maximum on what an executor can be paid. The maximum is 5% of the gross aggregate value of the estate assets, including capital and income. Gross aggregate value means:

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Verizon Cloud Services Agrees to Sign BAA

Earlier this month Verizon announced its cloud services aimed at healthcare providers.  These services are designed to be HIPAA compliant including providing the necessary physical, technical and administrative safeguards required by the HIPAA Security Rule.  Most notably with this announcement, Verizon has agreed to execute a Business Associate Agreement.  Verizon’s press release expresses its commitment […]

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

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ILN Today Post

Planning for the new stamp tax regime

In March 2012, the UK Government announced its intention to make changes to the way in which property held by “non natural persons” was taxed.

In short, the Government was concerned that it was not receiving sufficient taxation from sales of UK domestic property and, it would appear, saw the UK and in particular the London domestic property market as a good source of revenue. Hence, it announced that it was considering the following changes: More…

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ILN Today Post

Agency heads describe what the PR firm of 2017 will look like

On November 14, PRWeek will host The PRWeek Con- ference – Power to the People. The event, which takes place at The Sentry Centers in New York City, will provide interactive workshops, keynotes, and panel discussions. Several of the sessions (including the one in which I am participating, called “The Battle of Big Ideas”) will address anticipated changes to the PR industry and its agencies.

“What is the most important way in which the PR agency of 2017 will be different from the PR agency of today?” I posed this question to eight leaders of independent agencies. Here are their replies: More…

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Majority of office workers want flexible working

A recent survey has found that 78% of UK office workers want a more flexible work schedule to boost job satisfaction in the absence of pay increases. The survey also found that 68% would like to work from home, whilst 50% would like to travel less for work reasons.

Whilst companies have talked about creating flexible working policies for years now, the research, by TeamViewer, suggests that some UK businesses are yet to implement a clear strategy.

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