Monthly Archives: March 2014

Top Five Reasons to Blog – A Webinar Recap

When I heard that Kevin McKeown (@kevinmckeown) of LexBlog and Marketing Brain Fodder’s Eric Fletcher (@ericfletcher) would be giving a webinar together, I knew I couldn’t miss it. So despite battling a low-grade migraine today, I tuned in, and definitely wasn’t disappointed. 

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Comcast Corp. v. Behrend’s Impact In Toxic Tort Litigation

I have written about how the U.S. Supreme Court’s decision in Comcast v. Behrend has had the practical result of raising the bar for class certification and leveling the playing field for corporate defendants. Until recently, however, it was unclear what impact this anti-trust decision would have on toxic tort litigation.

On January 17, 2014, the Seventh Circuit issued a groundbreaking decision in Parko v. Shell Oil Company, which was an appeal from the Illinois district court’s certification of a class of property owners in Roxana, Illinois, who had filed suit against Shell Oil Company which (together with various subsidiaries) had owned and operated an oil refinery from 1918 to 2000 adjacent to the village where the 150 class members reside. Although multiple claims were alleged, Parko was  largely a diminution of property value case.

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New Survivorship Rules

The new statute Wills, Estates and Succession Act (“WESA”) will come into force on March 31, 2014. WESA is going to have a profound impact on succession law, including the law governing survivorship.

Under the soon-to-be old law, in a common accident where it is impossible to tell who died first, the law arbitrarily presumed that the older person has died before the younger person. This presumption can cause an unfair result. For example, if a couple died in a plane crash, which made it impossible to determine who died first, the old law would presume that the younger spouse survived the older spouse. This means that the younger spouse’s heirs or beneficiaries may end up inheriting both the younger spouse’s estate and a portion of or even all of the older spouse’s estate.

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Using Social Media to Get the Most Out of Conferences

Yesterday, I had the chance to sit down with Colin O’Keefe (@colinokeefe) of LexBlog, who will be covering next week’s LMA conference, to talk about my tips for making the most out of attending a conference – see what I had to say about social media, avoiding your hotel room, and never eating alone right here, and make sure that you’re following along with the interviews that LXBN is doing

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NLRB Expands Scope of Employer Solicitation of Grievances as Unlawful Coercive Conduct

By Kara M. Maciel and Lindsay A. Smith

On March 12, 2014, the National Labor Relations Board (“the Board”) concluded that a beef processing company committed an unfair labor practice in violation of the National Labor Relations Act (“NLRA”) when it terminated three workers for striking in protest of their working conditions (“Greater Omaha Packing Co.”).  More significant, however, was the Board’s decision to reverse an Administrative Law Judge’s finding concerning the employer’s questioning of an employee.  Prior to the strike, one of the terminated employees’ supervisors requested that the employee come to his office, at which point the supervisor asked the employee what he wanted.  The employee responded that he wanted “an increase” and was immediately terminated by the supervisor.  On these facts, the NLRB found a separate violation of the NLRA under Section 8(a)(1) because it determined that the questioning was coercive, separate and apart from the actual termination of the employee.

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Catherine Du Pont wins public speaking contest

Congratulations to Catherine Du Pont, who recently won first prize in the 2014 public speaking contest of the AFAM (“Association des femmes d’assurance de Montréal”). Catherine discussed her unique experience climbing Mount Kilimanjaro, in Tanzania, in support of the Cancer Research Society. She will be competing in the national competition that will take place during the Annual Convention of the Canadian Association of Insurance Women, to be held in London, Ontario, in June.

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Droit moral

De ideelle rettigheder til musikværker omfatter ikke en pligt til at kreditere komponisten bag musikken i korte programtrailere i tv. Anvendelse i en trailer er ikke i sig selv en krænkelse af ophavsmandens ideelle ret til værket.

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ILN Today Post

UNPAID INTERNSHIPS: A THING OF THE PAST?

Employers have historically used unpaid interns for a wide variety of reasons, it being taken for granted that the research, filing, memo preparation, Xeroxing and coffee-schlepping were necessary steps to robust career growth. And the significance of unpaid interns in the United States is unmistakable—some estimates place the number of unpaid student internships at between 300,000 and 500,000 per year. More…

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ILN Today Post

Francis Rodríguez Nominated to President’s Council at Florida International University

Shutts & Bowen is pleased to announce that partner Francis E. Rodríguez was invited to serve on the President’s Council at Florida International University. The President’s Council is limited to about 100 members and is the University’s premier community relations board.  The President’s Council focuses on building community partnerships, cultivating affinity to the university and promoting the FIU brand.  Mr. Rodríguez earned a Bachelor of Arts, cum laude, in International Relations and a Bachelor of Arts, cum laude, in History, from the University, where he was a graduate of the Honors College and a Student Ambassador. He also worked in the Office of the Provost and Vice President for Academic Affairs while he attended school. More…

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DAVIS MALM SPONSORS BOSTON MODERN ORCHESTRA PROJECT’S BOSTON CONNECTION SERIES

On March 28, Davis Malm sponsored the Boston Modern Orchestra Project’s Boston ConNECtion at Jordan Hall. This orchestral series showcased resident Bostonians and traveling friends in a concert that highlighted inventive and fresh orchestral works.

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