Monthly Archives: November 2012

Employer Posting Requirements Under New Jersey Law

Our colleagues Maxine Neuhauser and Amy E. Hatcher have written a client advisory: “Employer Posting Requirements Under New Jersey Law.” Following is an excerpt:

The list of employee notices that New Jersey employers are required to post has grown this year. Accordingly, as 2012 comes to a close, New Jersey employers should take some time to review the notification requirements relating to employees’ workplace rights and responsibilities under state law.

Employers are mandated under New Jersey law to display official posters informing their employees of the law relating to employee rights and responsibilities. An employer that fails to comply with these requirements may face monetary fines and other penalties.

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ILN Today Post

Update to ADLS lease form

The 6th edition of the ADLS deed of lease was released today.  It contains a raft of improvements and amendments whilst maintaining the structure of the lease which is familiar to so many of us and widely accepted in the marketplace.  Whilst the current soft ratchet has been retained, the standard form now usefully contains a CPI rent review clause option which will allow this form of rent review mechanism to be easily adopted in a standardised manner.  Whilst largely familiar, the outgoings provisions have also been overhauled and updated.  Unsurprisingly the quantum of the insurance excess contained in the outgoings provisions has been increased from $500 to $2,000.  Landlord access for repairs (and importantly earthquake strengthening) has also been addressed as has the tenant’s repairs and maintenance provisions.  So whilst the substance of the form is largely the same there have been some significant improvements and amendments.  Tenants and landlords alike would be well advised to review the new form. More…

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ILN Today Post

Willmott Forests: An incomplete picture

Earlier this year, the Victorian Court of Appeal handed down a decision that gave the liquidator in that case the green light to disclaim leasehold interests in land (Re Willmott Forests Limited (in liquidation)).

What the Court did not consider was the application of s568B of the Corporations Act 2001 (Cth) (Act), which allows lessees to challenge in Court the liquidator’s disclaimer.

The challenge is on the basis that the prejudice caused to the lessee by the loss of the leasehold interest in the land is ‘grossly out of proportion to the prejudice that setting aside the disclaimer would cause to the company’s creditors’. More…

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ILN Today Post

Amendments to The Stamp Act & The Real Property Tax Act

In The Bahamas when one is selling and buying property they must not only factor in the funds from the sale or the purchase price, but must consider the additional costs associated with the transaction. The purchaser would be responsible for paying some or all of the Stamp Taxes and the vendor is normally responsible for paying Real Property Taxes before completing the transaction. Recently, both the Stamp Act and the Real Property Tax Act have been amended, which took effect on the 1st July, 2012. More…

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ILN Today Post

Jesse R. Dill writes article for BizTimes.com on holiday party liabilities

Arnstein & Lehr Attorney Jesse R. Dill

Jesse Dill

Arnstein & Lehr Milwaukee Associate Jesse R. Dill authored an article titled “Employers can avoid holiday party liabilities,” which appeared on November 20 on BizTimes.com. The article is cleverly written as a poem, with rhyming verses, and covers multiple topics that employers should be aware of as they plan their holiday party. Mr. Dill discusses how a holiday party should be organized to avoid liability issues that may stem from employee alcohol consumption, social media postings, sexual harassment and discrimination issues, and employees with disabilities. Mr. Dill also advises that no business should take place during the party, attendance should be optional, and the party ought to be held off the premises to avoid claims for overtime pay.

To read the article in full, please click here.

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ILN Today Post

Dino Armiros quoted in Crain’s article on auction held by Cole Taylor Bank to save Schaumburg company, Amazing Food

Arnstein & Lehr Attorney Dino Armiros

Dino Armiros

Arnstein & Lehr Chicago Partner Dino Armiros was quoted in a November 21 article in Crain’s Chicago Business, titled “Lyfe Kitchen gives Amazing Food a second chance.” The article discusses how Amazing Food, which makes some of Lyfe Kitchen’s ready-to-eat products, was on the verge of being shut down by Cole Taylor Bank, a client of the firm, for being in default on loans when the bank opted to hold a uniform commercial code auction of Amazing Food’s intellectual property, accounts receivable and some equipment; the bank lined up Lyfe Kitchen as a preferred bidder. Mr. Armiros comments that the auction was a big success in that they were able to keep jobs in Chicago through the collaboration of the bank and the buyer.

To read the article in full, please click here.

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ILN Today Post

Illinois Real Estate Group sends client alert with reports on recent legal real estate matters

Arnstein & Lehr Attorney Joel M. Hurwitz

Joel Hurwitz

Arnstein & Lehr Attorney Erik M. Jarmusz

Erik Jarmusz

The Illinois Real Estate group prepared and sent its November Client Alert recently to clients and friends of the firm. The Client Alert included reports on major legal matters which have occurred during the past few months with respect to Illinois real estate. The principle authors of the newsletter are Chicago Partner Joel M. Hurwitz and Associate Erik M. Jarmusz.

To read the client alert, click here.

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ILN Today Post

And the Survey Says . . . Results of the NAWL Foundation’s "National Survey of Women’s Initiatives: The Strategy, Structure and Scope of Women’s Initiatives in Law Firms"

Maxine Neuhauserby Maxine Neuhauser

It’s been 10 years since EBG inaugurated its Women’s Initiative program with the goal of enhancing the careers of professional women by providing opportunities both inside and outside the office to network, share information, acquire skills, and develop rewarding professional relationships. Although we didn’t realize it at the time, we were part of movement. As reported by the NAWL Foundation®, during the past decade, women’s initiatives and women’s affinity groups have become a staple of law firm culture. Programs like ours are aimed at helping women advance into higher levels of practice, i.e., gaining equity status, generating and receiving credit for business, participating in firm governance, and achieving greater compensation.

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ILN Today Post

Arnstein & Lehr Tampa partners write chapters for book on Florida creditor relations and debt collection

Arnstein & Lehr Attorney Robin S. Trupp

Robin Trupp

Arnstein & Lehr Attorney Patrick Ayers

Patrick Ayers

Arnstein & Lehr Tampa Partners Robin S. Trupp and Patrick Ayers authored chapters in the recently published book by The Florida Bar entitled “Creditors’ and Debtors’ Practice in Florida.”  This fourth edition discusses creditor relations and debt collection in Florida, including such topics as foreclosure and bankruptcy.  Mr. Trupp wrote the chapter entitled “Discovery in Aid of Execution” and Mr. Ayers the chapter entitled “Judicial Lien Enforcement.”

The book may be purchased online here.

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ILN Today Post

David L. Newman authors article in Intellectual Property Magazine on Lululemon design patent lawsuit

Arnstein & Lehr Attorney David L. Newman

David Newman

Arnstein & Lehr Chicago Partner David L. Newman published an article in the November issue of Intellectual Property Magazine, titled “Lululemon takes Calvin Klein to the mat.” The article discusses Lululemon’s lawsuit accusing Calvin Klein of infringing three design patents relating to its yoga pants that have a layered waistband appearance. The focus of the lawsuit against Calvin Klein, Mr. Newman writes, rests on the ornamentality and novelty of the waistband portion. Mr. Newman explains that unlike a utility patent, a design patent focuses on the ornamental features of a product and not its functional or utilitarian aspects. He comments that prominent firms are relying more frequently on design patents to protect their valuable IP.

To read the article in full, please click here.

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