Monthly Archives: September 2013

ILN Today Post


Facebook recently updated its Page terms to make it easier for businesses to create and administer promotions on Facebook. Facebook hopes that these changes will enable more businesses to launch sweepstakes, contests and other promotions on its platform. More…

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Erstatning for værditab efter opstilling af vindmøller

Oftest tales der om erstatning for tab af herlighedsværdi. Der foretages en konkret vurdering af, om generne overskrider det, som må tåles i henhold til den almindelige samfundsudvikling (tålegrænsen).

Vestre Landsret har den 10. september afsagt 2 domme i sager om erstatning for værditab som følge af opstilling af vindmøller.

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Article in Corporate Crime Reporter: “Epstein Becker Partner, Eric Conn, On the Rise of OSHA Enforcement”

Following the announcement last week of the first ever Deferred Prosecution Agreement in an OSHA matter, the Editor of the Corporate Crime Reporter interviewed Eric J. Conn, Head of Epstein Becker Green’s national OSHA Practice Group, who was involved in the matter, about OSHA enforcement trends in general, and OSHA criminal prosecutions in particular.

Based on that interview, Corporate Crime Reporter ran an article entitled Epstein Becker Partner Eric Conn On the Rise of OSHA Enforcement.  Here are some excerpts from the article:

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Guidance on Refill Reminders and Enforcement Delay until Nov. 7th

The Office of Civil Rights recently released guidance related to the new HIPAA marketing requirements and refill reminders.  The guidance includes several FAQs and examples to help navigate the new HIPAA marketing/refill reminder rules.  In conjunction with the release of this guidance (and as a result of a lawsuit filed by Adheris, Inc.), HHS has […]

For more information please visit or click on the headline above.

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Franchise Alert: Attention auto dealers: What constitutes good cause to terminate your dealership agreement?

Under Ohio law, a franchisor must have “good cause” in order to terminate a motor vehicle franchise. That good cause cannot include the failure to achieve any unreasonable or discriminatory performance criteria. In order to comply with the law, the Japanese auto manufacturer Nissan instituted a standard benchmark for sales performance known as the regional sales effectiveness or RSE. The RSE applied to every Nissan dealership in Ohio. On June 25, 2013, an Ohio appellate court held, in Sims v. Nissan North American Incorporated, that Nissan’s attempt to be non-discriminatory was, in fact, unreasonable and discriminatory because the creation of such a broad standard ignored the different markets in which franchisees in Ohio compete.

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Labor Department Issues Guidance That Muddies the Waters for Employers Offering Health Reimbursement Arrangements, Health Flexible Spending Accounts, and Employee Assistance Programs

On September 13, 2013, the U.S. Department of Labor (“DOL”) published Technical Release 2013-03 (“Technical Release”), which provides guidance on the application of certain provisions of the Patient Protection and Affordable Care Act, as amended by the Health Reform and Education Reconciliation Act of 2010 (“Affordable Care Act”), to specific types of health reimbursement arrangements and employee assistance programs (“EAPs”) sponsored by employers. The U.S. Treasury simultaneously issued guidance in substantially identical form to the Technical Release under Internal Revenue Service (“IRS”) Notice 2013-54 and, on September 16, 2013, the U.S. Department of Health and Human Services (“HHS”) published an information memorandum stating that the HHS concurs with the guidance issued by the DOL and IRS.

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Week of September 16, 2013 on ILNToday – A Roundup!

I’m coming to you a day late with our round-up here, since I’m in Mainz, Germany for our 2013 ILN European Regional Meeting. Right now, our attorneys are participating in what we call “Speed ILN-ing” – it’s like speed-dating, where the lawyers gather in pairs for five minutes to discuss their firms and the challenges facing them. The hardest part is getting them to switch to the next pairing after five minutes, since they’re all so engaged in chatting away!

We’ve had a LOT of content come through this week, so your top five posts on ILNToday are:


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Limerick Leader showcases HOMS’ new solicitors (20.9.2013)

We were delighted with the piece that Limerick Leader published in the Business Leader section of the newspaper on Saturday September 14 2013 regarding the continued expansion and growth of HOMS. The article is reproduced below. Many thanks to Limerick Leader for their kind permission to reproduce this article and photograph.

New solicitors in place at city legal company

Holmes O’Malley Sexton this week announced…

To View Entire Article  CLICK HERE…

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Ansvarsforsikringsselskab var ikke rette sagsøgte

Sagen angik, om skadevolders ansvarsforsikringsselskab, Alm. Brand Forsikring, var rette sagsøgte, eller om skadelidte A efter forsikringsaftalelovens § 95, stk. 1, skulle have anlagt sagen mod skade-volder, A’s arbejdsgiver.


Ifølge forsikringsaftalelovens § 95, stk. 1, indtræder skadelidte i sikredes ret mod ansvarsforsikringsselskabet, når sikredes erstatningspligt er fastslået, og erstatningens størrelse er bestemt.

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Policy on cohabitation rights

At their party conference, the Liberal Democrats have passed a policy entitled Cohabitation Rights that would give unmarried couples in England who live together fair and reasonable redress upon their relationship breakdown and in cases of intestacy.

English law currently provides extremely limited legal protection for cohabiting couples upon the breakdown of a relationship. This can have an adverse effect on the individuals and any children.

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