Monthly Archives: August 2013

Mark Spognardi authors article on recent Illinois medical marijuana law

Arnstein & Lehr

Mark Spognardi

Arnstein & Lehr Chicago Partner Mark A. Spognardi authored an article titled, “Labor: Medical marijuana law comes to Illinois, employers prepare to deal with workplace issues concerning the Act” that was published on Inside Counsel’s website on August 19. In this article, Mr. Spognardi 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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Once again, RSS wins its case !

In an important case argued by Mes Patrick Henry and Catherine Du Pont (“Société immobilière du Québec et CSSSTR c. Hervé Pomerleau inc. et al“) for nearly three months in Quebec City, and after 18 months of deliberation, Superior Court Justice Danielle Blondin dismissed, for all practical purposes, two recourses taken against RSS’ client claiming nearly $ 20 million, including interest and costs. The judge accepted the arguments presented by Mes Henry and Du Pont and their client was held not responsibile, 100% responsibility being attributed to a co-defendant represented by other lawyers. This is an important victory, not just because of the large amount at stake, but also because of the lengthy trial. This result shows the strength and experience of the RSS litigation team.

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Robert E. McKenzie writes blog post for Forbes website

Arnstein & Lehr

Robert E. McKenzie

Arnstein & Lehr Chicago Partner Robert E. McKenzie recently wrote a blog post for Forbes’ website titled, “Darrell Issa, This Generation’s Joe McCarthy,” which was published on August 16. Mr. McKenzie discusses his thoughts on recent comments Lois Lerner of the IRS Tax-Exempt and Government Entities Division made at a May ABA Tax Section meeting. Her comments about the IRS and tax exemption status of social welfare groups sparked the attention of Darrell Issa, chairman of the House subcommittee on Oversight and Government Reform.

To read the post in full, please click here.

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Second Circuit Holds That Participation In FLSA Collective Actions Can Be Waived In Favor Of Individual Arbitration

by John F. Fullerton III

The U.S. Court of Appeals for the Second Circuit recently took a significant step toward bringing uniformity to the law of class and collective action waivers under the Fair Labor Standards Act (FLSA).

In Sutherland v. Ernst & Young LLP, the court held that employees can be contractually compelled to arbitrate their claims on an individual basis, and thereby waive their right to participate in a FLSA collective action. The decision is another in a series of cases that have required employees to arbitrate employment-related claims on an individual basis when they have clearly agreed to do so.

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Andra Rubene comments on efficiency of cartel investigations in Latvia, “Diena”

Andra Rubene

In the 12 August 2013 article “Cartels are detected due to errors of their participants” in newspaper “Diena”, when commenting efficiency of cartel investigations in Latvia, partner of Tark Grunte Sutkiene Andra Rubene indicates that despite the fact that the Latvian Competition Council (the Competition Council) actively encourages making use of leniency programme it is actually difficult to use. The minimum amount of information and proof that shall be submitted to the Competition Council in order to benefit from the leniency programme is rather extensive. Therefore in reality many clients after diligent evaluation of the possibility to receive release from fine within the framework of leniency programme come to the conclusion that they are not able to submit all the necessary information and proof.

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Me Andrea Sterling recognized as one of the women who is changing the face of world shipping

To view the article “Women changing the face of world shipping” in Maritime Magazine, click here.

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Me Philippe-André Tessier, nommé par le Conseil des ministres du Québec

Congratulations to Me Philippe-André Tessier who has been named by the “Conseil des ministres du Québec” on July 23rd, 2013, to the Board of Directors of the “Société québécoise d’information juridique” (SOQUIJ).

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Failure To Define Trade Secrets Establishes Subjective Bad Faith For Attorneys’ Fees Award Under CUTSA

Co-authored by Ted A. Gehring.

California Courts have discretion to award attorneys’ fees to a prevailing defendant in a trade secrets action where the commencement or continued prosecution of a trade secrets action is in bad faith. We have blogged about this issue twice previously. First, in connection with a malicious prosecution action that was filed against Latham & Watkins after the unsuccessful prosecution of a trade secrets action on behalf of a client. Second, in connection with SASCO v. Rosendin Electric, Inc., 2012 WL 2826955 (Cal.App. 4 Dist.), where the California Court of Appeal, Fourth Appellate District, affirmed the award of a $485,000 attorneys’ fees award issued after voluntary dismissal of trade secret claims prior to a hearing on a motion to summarily adjudicate the claims against the plaintiff.

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Data Leakage: The Threat of Not Knowing Where PHI Resides . . .

By:  Alaap Shah

Most health care companies are aware of their central repositories of electronic protected health information (“e-PHI”).  Unfortunately, e-PHI often leaks out of central repositories and exists in a variety of “hidden” places.  This data leakage can create real headaches for health care companies, and can lead to violations of privacy and security laws.

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ILN Today Post


Royal Oak, Michigan, August 20, 2013:  Howard & Howard Attorneys PLLC is pleased to announce that twelve of our attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, SC). Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which almost 50,000 leading attorneys cast nearly five million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” More…

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