Monthly Archives: January 2013

CIPD welcomes settlement agreement proposals

As the Government publishes its response to the consultation on ending the employment relationship, the Chartered Institute of Personnel and Development (CIPD) has welcomed the Government’s decision to make it easier for small businesses to enter into settlement agreements with underperforming employees.

The Government has pledged to work with Acas to ensure that guidance for employers on the procedures to follow before entering a settlement agreement offers effective protection for good management practice and promotes positive relationships in the workplace.

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Maris Liguts on the elimination of scheme making during auctions, „Dienas Bizness”

Māris Liguts

In the 23 January 2013 edition of newspaper “Dienas Bizness”, Maris Liguts, Attorney at Law of TARK GRUNTE SUTKIENE talks about the necessity to introduce electronic auctions, which would help eliminating fraudulent behaviour during movable and immovable property auctions.

The current Insolvency Law states that the first auction is organized with the bottom-up step and the second with the top down. Therefore a certain group of people has realized the nuance that makes it possible to buy almost any property for only 10% of its value.

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Robin S. Trupp featured in video interview on veterinary medical malpractice case

Arnstein & Lehr Attorney Robin S. Trupp

Robin Trupp

Arnstein & Lehr Tampa Partner Robin S. Trupp appeared in a news clip on Bay News 9 regarding a civil lawsuit by a Florida dog owner against a veterinary hospital in Largo, Flordia. The case was also featured in a January 15 article in Health News Florida titled “Dead Dog and ‘Parents’ Sue Vet.” The article and news clip discuss a lawsuit brought by a Florida couple against Tampa Bay Veterinary Specialists & Emergency Care Center regarding the death of their nine year old Shih Tzu, which they believe could have been prevented. Mr. Trupp comments it’s mainly a matter of principle if a pet owner sues because the cost of the lawsuit will substantially exceed the monetary value of the dog, as animals are considered property and have little value in the eyes of the law.

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John L. Ropiequet elected as fellow of the American College of Consumer Financial Services Lawyers

Arnstein & Lehr Attorney John L. Ropiequet

John Ropiequet

Arnstein & Lehr Chicago Of Counsel attorney John L. Ropiequet has been elected as a fellow of the American College of Consumer Financial Services Lawyers. The College promotes public understanding of consumer financial services law through education and advances the quality of consumer financial services law and recognizes those who have made significant contributions to the field of consumer financial services. Membership in the College is limited to those lawyers whose principal practice is in the field of consumer financial services law, who have achieved preeminence in the field of consumer financial services law, and who have made repeated and substantial contributions to the promotion of learning and scholarship in consumer financial services law through teaching, lecturing and published writings. Membership is by invitation only.

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Dispute over Burial Rights delays Sherman Hemsley from “movin on up”

Actor Sherman Hemsley from the hit 70’s television show, “The Jeffersons”, passed away on July 24, 2012. However, he was not buried until November 21, 2012 because of a dispute over his estate.

Hemsley created his will a mere 6 weeks before he passed away from lung cancer. In his will, he left his entire estate – $50,000 – to his longtime friend Flora Enchinton Berna. After his death, a man named Richard Thornton came forward, claiming to be Hemsley’s half-brother and challenged the will on the basis of incapacity.

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Robert E. McKenzie speaks on 2012 IRS enforcement activities for Winning Strategies

Arnstein & Lehr Attorney Robert E. McKenzie

Robert E. McKenzie

Arnstein & Lehr Chicago Partner Robert E. McKenzie presented a national teleseminar on January 23 for Winning Strategies, a national organization for tax practitioners. His topic reviewed the IRS enforcement activities during 2012.

To read more about the organization, click here.

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EBG Provides a Wage and Hour Division Investigation Checklist for Employers

Epstein Becker Green is pleased to announce the availability of a Wage and Hour Division Investigation Checklist, which provides employers with valuable information about wage and hour investigations and audits conducted by the U.S. Department of Labor (DOL). Like EBG’s first-of-its kind Wage and Hour App, which provides detailed information about federal and state laws, the Checklist is a free resource offered by EBG.

The Checklist provides step-by-step guidance on the following issues: preparation before a Wage and Hour Division investigation of the DOL; preliminary investigation issues; document production; on-site inspection activities; employee interviews; and back-wage findings, and post-audit considerations.

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Maris Liguts on the elimination of scheme making during auctions, „Dienas Bizness”

Māris Liguts

In the 23 January 2013 edition of newspaper “Dienas Bizness”, Maris Liguts, Attorney at Law of TARK GRUNTE SUTKIENE talks about the necessity to introduce electronic auctions, which would help eliminating fraudulent behaviour during movable and immovable property auctions.

The current Insolvency Law states that the first auction is organized with the bottom-up step and the second with the top down. Therefore a certain group of people has realized the nuance that makes it possible to buy almost any property for only 10% of its value.

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DAVIS MALM HOSTS “CELEBRATING SUCCESS” PROGRAM

On January 28, Davis Malm & D’Agostine, P.C. and attorney George A. “Tony” Hewett were pleased to host a program “Celebrating Success,” which featured Jeanne A. Hulit, Associate Administrator, Office of Capital Access for the Small Business Administration; Deb Ansourlian, Executive Director of Girls Incorporated of Lynn; and a special performance by singer/songwriter, Berklee College of Music student Samantha Schultz.

Ms. Ansourlian opened the program with a discussion of Girls Incorporated of Lynn, a nonprofit organization with a mission to inspire all girls to be strong, smart, and bold. The organization offers enrichment programs that teach essential life skills and promote healthy life choices to disadvantaged, low-income girls ages 6 to 18. These programs focus on academic support, personal development, career exploration and life planning, physical well-being, and leadership and community action. For more information, visit Girls Incorporated of Lynn.

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Should you claim executor’s fees?

If you are named the executor in a will and decide to take on the appointment, you will be entitled to compensation for services rendered to the estate.  The compensation amount can be specified in the will or in a separate fee agreement. If it is not explicitly set out, you may claim a “fair and reasonable” fee under s. 88 of the Trustee Act (British Columbia). The maximum fee permitted under that section is 5% of the gross aggregate value of the estate.

Executor’s fees are considered to be expenses of an estate, and are generally paid from the estate, and in most cases, paid from the residue of the estate. When the estate is large, the fees can be substantial.

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