Monthly Archives: August 2013

Employee Benefits and Private Equity Alert- Circuit Court ruling on withdrawal liability is significant for private equity sponsors

On July 24, 2013, the First Circuit U.S. Court of Appeals (the “Circuit Court”) reversed a prior District Court ruling that found two related private equity funds were not conducting a “trade or business” that would make them liable for the obligations owed to a multi-employer pension plan, in which one of their jointly-owned portfolio companies was a participant. To understand the potential impact of this case, it is important to remember that Title IV of ERISA provides that “trades or businesses” that are members of a “controlled group of corporations” under common control are jointly and severally liable under ERISA for certain types of liabilities owed by the other members of their controlled group. The applicable case involved withdrawal liability owed to a multi-employer pension plan. However, the case could also have implications for liabilities related to single employer defined benefit pension plans and COBRA obligations. 

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Data Privacy and Cybersecurity Alert- U.S. House examines state data breach notification laws

The national Data Privacy and Cybersecurity Practice at McDonald Hopkins has submitted a statement for the record to the House Energy and Commerce Committee’s Subcommittee on Commerce, Manufacturing and Trade during its recent examination of state breach notification laws and potential federal preemption.

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Residential Landlord-Tenant Law Seminar (Alan Burger)

Alan Burger will be a presenting “Termination of Tenancy and Tenant Remedies and Defenses,” and “The Eviction Process” at the Residential Landlord-Tenant Law seminar on August 6, 2013 in Fort Lauderdale, Florida.

Click here for more information.

https://store.sterlingeducation.com/seminars.php

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Mark Spognardi writes article addressing Illinois’ adoption of Medical Marijuana Law

 

Mark A. Spognardi

In an article entitled “Medical Marijuana Law Comes to Illinois,” Mark outlines the parameters of the newly passed Compassionate Use of Medical Cannabis Pilot Program Act. He then goes on to explain how this new law will affect employers in the workplace.

To read the article in full, please click here.

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Ronald Fieldstone publishes article for LatinBiz on EB-5 funding small businesses

Arnstein & Lehr

Ronald Fieldstone

Arnstein & Lehr Miami Partner Ronald R. Fieldstone authored an article titled “Foreign Investors Program Credited as Lifeline to Capital for Small Business Enterprises” for LatinBiz, a publication of the Latin Business Club of America. Mr. Fieldstone discusses how EB-5 is leading the way to provide foreign investment dollars to small businesses across the country. He also offers tips to small business owners for obtaining EB-5 funding.

To read the article in full, please click here.

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Samuel Levine featured on ISBA’s television show

Arnstein & Lehr

Samuel Levine

Arnstein & Lehr Chicago Partner Samuel H. Levine was featured on the Illinois State Bar Association’s cable access television show “Law That You Should Know” on July 31. Along with two other attorneys, Mr. Levine spoke about handling evictions.

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Steven Daniels quoted in The South Florida Cooperator

Arnstein & Lehr

Steven Daniels

Arnstein & Lehr West Palm Beach Managing Partner Steven L. Daniels was quoted in an article for the June edition of The South Florida Cooperator, a monthly publication for condo, HOA & co-ops. In the article, titled “Listen Up! Top Five Things Lawyers Wish Boards Knew,” Mr. Daniels offered his thoughts on how groups tend to act outside of the structure of the board, instead of as a cohesive unit.

To read the article in full, please click here.

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Barry Katz quoted in Law360 on modular building

Arnstein & Lehr

Barry Katz

Arnstein & Lehr Chicago Partner Barry R. Katz recently offered his perspective to a Law360 article titled “5 Hurdles Facing Modular Building in NYC,” published on July 23. The article discusses the obstacles faced due to the growing popularity of modular construction among New York City real estate developers. While modular construction saves time, money and environmental hazards, attorneys say issues such as labor, product liability and building codes need to still be worked out.

To read the article in full, please click here.

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Zero hours contracts more widespread than thought

New CIPD research has suggested that there could be about one million zero hours workers in the UK – but just 14% report that their employer often fails to provide them with sufficient hours each week.

The figures are early findings from CIPD research designed to investigate the usage of zero hour contracts in different sectors, with a view to informing best practice guidance so that they are used for the benefit of both employers and employees.

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Nurse-to-Patient Ratios: Coming to a Hospital Near You?

By: Adam C. Abrahms and Stephanie R. Carrington

Since California’s implementation of legislation setting minimum nurse-to-patient staffing ratios in 2004, the issue of nurse staffing has been slowly but surely creeping its way into other states’ legislation, attempts at federal legislation, and of course, into more union contracts.

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