Monthly Archives: December 2013

EEOC’s 2013 Report Shows Record Breaking Damage Assessments Against Employers

By:  Jamie Friedman

This week, the Equal Employment Opportunity Commission (“EEOC”), the agency responsible for enforcing federal employment anti-discrimination and retaliation laws, released its Fiscal Year 2013 Performance Accountability Report (the “Report”). According to the Report, in 2013, the EEOC secured a record-breaking $372 million dollars from private employers for workplace discrimination, despite receiving 6,000 fewer charges of discrimination during FY 2013 (with a total of 93,727 charges) as compared to the prior year, and despite resolving 14,000 fewer cases than in FY 2012. Only 1,437 charges were resolved by conciliation, as compared to 1,591 in the prior year.

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Nigel Kent appointed a Justice of the Supreme Court of British Columbia

We are proud to announce that Nigel P. Kent, a long-time Clark Wilson partner, has been appointed a judge of the Supreme Court of British Columbia. This appointment is a tribute to the highest regard in which Nigel has been held in the legal community.

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OIG’s Report Highlights Enforcement Successes in 2014

The Office of Inspector General (OIG) recently published its Semiannual Report to the U.S. Congress. This Report summarizes the OIG’s enforcement activities from March, 2013 to September, 2013. The Report highlights the OIG’s significant efforts in the enforcement of fraud and abuse laws.  For fiscal year (FY) 2013, the OIG is expecting total recoveries of […]
The post OIG’s Report Highlights Enforcement Successes in 2014 appeared first on OMW Health Law.

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

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How Environmental Lawyers Can Avoid Getting Sued For Legal Malpractice?

No matter how conscientious, environmental lawyers, like other attorneys, are regularly sued for legal malpractice.  It is not difficult to imagine some of the dicey situations where the environmental practitioner may fall prey to such claims:

(1) a municipality sues its lawyer after the municipality defaults on its bonds because of an unforeseen environmental problem that prevented the subject property from being developed. The lawyer is accused of not having described the risks inherent in the property’s development and for not conducting a proper environmental investigation;

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Appointment and Powers of Auditors

The recently enacted Companies Act, 2013 (yet to be notified) has imposed new requirements with regard to appointment of auditors and exercise of powers and compliances by the auditors. Some of the new requirements include:

Ø Tenure of appointment: 5 (five) years, subject to ratification at every annual general meeting.

Ø Existing auditors to continue tenure if no auditor appointment in annual general meeting.

Ø The Audit Committee, if any, of the company will make recommendations for appointment of auditors.

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THOMAS S. FITZPATRICK TO CO-CHAIR MCLE 13TH ANNUAL NEW ENGLAND BUSINESS LITIGATION CONFERENCE

On January 29, Davis Malm shareholder Thomas S. Fitzpatrick will co-chair the 13th annual “Business Litigation 2014” conference hosted by Massachusetts Continuing Legal Education. Mr. Fitzpatrick will present with co-chair Michael F. Connolly at the opening program “Year-in-Review: Top 10 Cases,” which will provide an analysis of how these cases impacted the practice of law. He will also moderate the program “Business Litigation Session Judicial Panel,” which will provide insightful, practical tips from Business Litigation Session Judges Thomas P. Billings, Mitchell H. Kaplan, Christine M. Roach, and Janet L. Sanders.

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THOMAS S. FITZPATRICK TO CO-CHAIR MCLE 13TH ANNUAL NEW ENGLAND BUSINESS LITIGATION CONFERENCE

On January 29, Davis Malm shareholder Thomas S. Fitzpatrick will co-chair the 13th annual “Business Litigation 2014” conference hosted by Massachusetts Continuing Legal Education. Mr. Fitzpatrick will present with co-chair Michael F. Connolly at the opening program “Year-in-Review: Top 10 Cases,” which will provide an analysis of how these cases impacted the practice of law. He will also moderate the program “Business Litigation Session Judicial Panel,” which will provide insightful, practical tips from Business Litigation Session Judges Thomas P. Billings, Mitchell H. Kaplan, Christine M. Roach, and Janet L. Sanders.

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Lidings’ partner interviewed by TVC

Partner, head of dispute resolution practice at Lidings Andrey Zelenin shared his expert opinion about the infamous Mezhprombank case in an interview on Russia’s premier news channel TVC.

“It is expected that the case will pass through all of the court instances”, commented Andrey Zelenin. “There will be numerous appeals. Undoubtedly, enforcement should be the concluding chord. And this is where authorities will face certain difficulties, as it is not an easy task to recover over eighty billions of roubles located both in Russia and abroad”.

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How You Draft A Liability Disclaimer Really Matters

Contract negotiations involving limitations on liability and disclaimers of damages for breach of contract and tort claims can have significant ramifications for the contracting parties if the business relationship falls apart and litigation results. Under New York law, how the parties negotiate the allocation of risk of loss is enormously important.

This lesson was brought home in a noteworthy New York Court of Appeals decision in Abacus Federal Savings Bank v. ADT Security Services, Inc. et al., 18 N.Y.3d 675, 944 N.Y.S.2d 443 (N.Y. 2012). In that case, Abacus Federal Savings Bank (“Abacus”) brought an action against two firms that provide security services, ADT Security Services (“ADT”) and Diebold, Inc. (“Diebold”) to recover damages under tort and contract theories for losses incurred during a burglary at the bank.

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4th annual toy drive partnership with IBERIABANK collects more than 700 toys for Achievement Centers for children and families

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IBERIABANK and Arnstein & Lehr LLP recently partnered for a fourth year to hold their “Heartfelt Holiday Toy Drive” to benefit children served by Achievement Centers for Children & Families. This annual event is in collaboration with the National Arts Institute’s Kids Rule! in the Arts. More than 700 toys were donated by employees, clients and the general public during a collection period that ran from November 18 through December 12. Toys were collected at all Palm Beach County IBERIABANK branches and Arnstein & Lehr’s West Palm Beach office.

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