Monthly Archives: November 2012

Employers can avoid holiday party liabilities ~ as a ’tis the season rhyme

Twas the employer’s holiday party, getting all away from the house
Employees were stirring, excited to be out
The company took many precautions with care
To avoid claims of liability after the celebratory affair

Tables were lined with food and employees were well fed
So none of the eggnog would go too far to their head
Exempt managers were assigned to put on the cap
Of anyone who took too many trips to the tap

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Strong Contractual Terms Can Deflect Tort Liability

Well drafted contracts provide an effective means to mitigate tort liability. In particular, contractual risk allocation provisions can assist companies in better controlling their litigation disposing of claims when they arise.

In an article titled, “Minimizing Tort Liability with the Right Terms,” which appeared in Law360 on February 29, 2012, Shook Hardy & Bacon authors, Paul A. Williams,Charles C. Eblen andKristina L. Burmeister, discuss the importance of various contractual provisions in blunting tort liability.
To illustrate their point, the SH&B lawyers discuss the Third Circuit’s opinion in Greenspan v. ADT Security Servs., Nos. 10-2901, 10-202 (3d Cir., Sept. 20, 2011). The case involved property damage claims resulting from a fire at the plaintiffs’ Pennsylvania residence. The Plaintiffs sued ADT for breach of contract and negligence, claiming that ADT insufficiently repaired and monitored their fire alarm system.

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Burnt-out Britain

Britain’s workforce is heading for a well-being meltdown, according to research from global professional services firm, Towers Watson.

The Global Workforce Study (GWS), which surveyed 32,000 employees worldwide, reveals that more than one in three UK employees say they are often affected by excessive pressure in their job. Over half said that they have been working more hours than normal over the last three years and half expect this to continue for the next three years.

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Rainmaking Recommendation from Jaimie Field Esq – Thanks Giving

As we in the US celebrate Thanksgiving tomorrow, there is much to be grateful for. Our thoughts and prayers are with those affected by Hurricane Sandy, who will be unable to celebrate their traditional Thanksgiving, and the family of a high school classmate of mine, whose young daughter is battling leukemia. 

With that, here is Jaimie Field’s latest rainmaking recommendation…

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ILN Today Post

Evidence before Disclosure

Earlier this year, the Supreme Court released a practice note amending the process for the disclosure of documents in the Equity Division for all new and existing matters in the Commercial List, Corporations List and the Technology and Construction List (Practice Note).

Under the new regime, apart from ‘exceptional circumstances’ which necessitate disclosure, parties are only entitled to seek disclosure of documents after evidence in the proceedings has been served. Further, no order for disclosure will be made unless it is necessary for the resolution of the real issues in dispute in the proceedings. More…

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ILN Today Post

APLMA – Australian Documentation Update

The Asia Pacific Loan Market Association (APLMA) has made available two new documents on its website, which will be of significant interest to both lenders and borrowers:

  1. A new APLMA Australian Dollar Bilateral Term and Revolving Facilities Agreement(new Bilateral); and
  2. A paper on intercreditor arrangements and principles, which provides a base set of principles for negotiating intercreditor arrangements in Australian/NZ leveraged finance transactions.   More…
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ILN-terviews: Frank Cialone, Shartsis Friese LLP

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we chose ILN member, Frank Cialone of our member firm, Shartsis Friese LLP in San Francisco!

In one sentence, how would you describe your practice?
I represent businesses and business owners in matters involving the company control, management, and restructuring (or “business divorce”). I also represent lawyers in disputes with clients and other proceedings, and fiduciaries and beneficiaries in trust and estate disputes.

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David Sugar and Joseph W. Scharnak write article for Common Interest magazine on condo boards

Arnstein & Lehr Attorney David Sugar

David Sugar

Arnstein & Lehr Attorney Joseph W. Scharnak

Joseph Scharnak

Arnstein & Lehr Chicago Partner David Sugar and Associate Joseph W. Scharnak have written an article for the fall 2012 issue of Common Interest, the official quarterly publication of the Illinois Chapter of CAI (Community Associations Institute). The article, titled “Survivor: Condo Association Edition,” describes the steps homeowners associations may take to lawfully remove a board member from office. The article playfully uses the reality TV show “Survivor” as an analogy to show how a “tribe” (homeowners association) may occasionally need to “vote off” (remove) a “rogue” board member.

To read the article in full, please click here.

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Thanksgiving Recipes from My Mother

Maxine Neuhauserby Maxine Neuhauser

My mom worked full-time outside the home as a writer and editor while managing a “Brady Bunch” household with six kids, a grandma, and our spaniel mutt, Shorty. Between the nine of us (not counting Shorty), and the assorted friends, cousins, aunts, and uncles from our dual family household, we always had a crowd at holiday times. With Thanksgiving around the corner, I thought I’d share her recipe for Thanksgiving turkey.

First, buy a turkey on sale.

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ILN Today Post

Kochański Zięba Rapala & Partners represent “Fakt” in the case brought by Michał Tusk

On 14 November 2012 the first hearing in the case against the publisher of “Fakt” newspaper – Ringier Axel Springer Polska, brought by the attorney of Michał Tusk – Roman Giertych was held before the Regional Court in Warsaw.

Roman Giertych sued “Fakt” for publishing the article titled: “Is Tusk threatened with 10 years of prison?!”. According to Tusk, information provided by the journalist is false and injures his reputation. The attorneys of “Fakt” – Piotr Kochański, Rafał Zięba and Tobiasz Szychowski are of different opinion and point out to the questioning character of the title. More…

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