Monthly Archives: January 2013

The City of Tallinn and European Investment Bank signed a loan agreement

TARK GRUNTE SUTKIENE advised the City of Tallinn on concluding a €67 million loan agreement with the European Investment Bank.
The City can apply for disbursement of the loan until the end of 2014 and the projects financed will have to be completed by the end of 2016.
TARK GRUNTE SUTKIENE team, led by partner and attorney-at-law Hannes Vallikivi, assisted the City of Tallinn in negotiations on the agreement.

For more details, please click HERE.

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New minimum sound requirements for hybrid vehicles

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) is proposing that hybrid and electric vehicles meet minimum sound standards in order to help make all pedestrians more aware of the approaching vehicles.

Safety is our highest priority, and this proposal will help keep everyone using our nation’s streets and roadways safe, whether they are motorists, bicyclists or pedestrians, and especially the blind and visually impaired,” said U.S. Transportation Secretary Ray LaHood.

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Both Here and There: Trademark Use on Websites Available in Canada

According to a December, 2012 decision of the Federal Court, HomeAway.com, Inc v. Hrdlicka, “a trade-mark which appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade-marks Act purposes, use and advertising in Canada.”  This broad statement suggests that the appearance of a trade-mark on a computer screen is sufficient whether or not services are available or performed in Canada.  However, the decision is best understood in context. 

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ILN-terviews: Andreas Kaeser, wehinger kaelin ferrari ag

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, Andreas Kaeser of our member firm, wehinger kaelin ferrari ag in Switzerland!

In one sentence, how would you describe your practice?
Our firm represents both corporate and private clients with a strong focus on international commercial and corporate law.

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ILN Today Post

Summaries from COSL 2012 report

Interesting case studies from COSL

COSL recently released its Annual Report on Operations for 2011-12.  The report contains a wealth of information.  Some of the case studies and systemic issues mentioned in the report make interesting reading and provide a useful insight to the operation of EDR schemes.  They are set out virtually verbatim below. More…

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ILN Today Post

Resolutions to keep your organisation in shape for 2013

This year I want to lose weight, exercise more, cut back on alcohol, avoid sugar….almost all of us make well-intentioned resolutions at the start of each and every new year. In honour of the New Year’s resolution, the Gadens Employment Law team has compiled a list of resolutions for managing your organisation’s risk in the new year and beyond, which you really will want to keep:

1. I will review all employment contracts, job descriptions and independent contractor agreements to ensure they are up-to-date, and accurately record the terms and conditions. More…

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HEALTH REFORM: Overview of Modifications to the HIPAA Privacy, Security, and Enforcement Rules

On January 17, 2013, the Department of Health and Human Services released the highly anticipated, 563 page, Health Insurance Portability and Accountability Act (“HIPAA”) regulations (the “Final Rule”) that have been delayed for over 3 years. The Final Rule will be published in the Federal Register on January 25, 2013. The Final Rule addresses many of the compliance issues and unanswered questions facing covered entities and business associates. The effective date of the Final Rule is March 26, 2013 – with a compliance date (for most provisions) by September 23, 2013 (there is an additional grace period for certain provisions). Epstein Becker Green is preparing an in-depth analysis of the Final Rule which will be forthcoming. In the meantime, below is a high level summary of the significant changes included in the Final Rule.

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Be Careful Who You Sue – You May Face an NLRA Claim That Your Employment Agreement’s Confidentiality, Non-Disclosure, and Non-Disparagement Provisions Violate the NLRA

At the firm’s October 2012 client briefing we discussed the new attitude of the National Labor Relations Board (“NLRB”) and the fact that non-unionized employers were not immune from the provisions of the National Labor Relations Act (“NLRA”). The NLRA has been increasingly applied in non-union workplaces and to handbook policies relating to areas not previously traditionally considered ripe for NLRB consideration, such as at-will employment, social media, intellectual property, confidentiality, contact with the media, and privacy policies. It may then come as little surprise that the NLRB will examine similar provisions to the extent that they are contained in private employment agreements. Most recently, in a NLRB administrative law judge’s decision, provisions contained in a mortgage banker’s employment agreement were found violative of the NLRA. The provisions at issue are fairly typical in employment agreements – confidentiality and proprietary information and non-disparagement. These are the types of provisions commonly used to protect a company’s valuable assets and its reputation.

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Week of January 14, 2013 on ILNToday – A Roundup!

We’ve seen a lot of content come through ILNToday this week – enough for a top eight this week! Without further ado…

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FTC Amends COPPA to Strengthen Children’s Privacy Protections

The Federal Trade Commission (FTC) ended 2012 with a bang by adopting final amendments to the Children’s Online Privacy Protection Act (COPPA). For those of us who work in children’s advertising, these long awaited amendments came as no surprise. The final amendment, which goes into effect on July 1, 2013, came only weeks after the FTC issued a report that found that mobile applications have demonstrated “little progress” in addressing concerns about the privacy of children’s data.

COPPA was first enacted in 1998 and requires that operators of websites and online services that are either directed to children under thirteen or have actual knowledge that they are collecting personal information from children under thirteen notify parents and obtain their verifiable consent before collecting, using or disclosing personal information from children. Geolocation The FTC initiated the review to ensure that keeps pace with evolving technology, such as mobile devices and social networking. In other words, the FTC wanted to ensure that COPPA protects the six year old child you see on the bus everyday playing with his parent’s iPhone.

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