Monthly Archives: April 2014

ILN Today Post

Mission impossible?

A court order for specific performance is a particularly effective means of securing performance of contractual obligations, because it comes with the threat of possible imprisonment if it is not complied with. However, it will only be granted where the court considers it to be appropriate in the circumstances.

It is often suggested that the courts would be unlikely to order specific performance of an obligation to enter into collateral warranties. This is because the remedy of specific performance is not available where damages would be an adequate remedy. It could be argued that the loss resulting from the non availability of collateral warranties is capable of being quantified in monetary terms, either as the cost of remedying the defects which the collateral warranty was intended to cover or as the loss of value in the event of a sale due to non availability of collateral warranties. More…

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Playing the Relationship Game with One North Interactive

Today, I’m bringing you another recap from LMA’s 2014 Annual Conference, from an excellent session I attended on the first morning, called “Playing the Relationship Game in Today’s Connected World.”

Kalev Peekna (@kpeekna) and John Simpson (@onenorth) of One North Interactive ran a great interactive session. According to the conference materials: 

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Kroger Gets Its Fuel from Customer Rewards

Kroger has always been an innovator. It was the first store to combine meats and groceries under one roof, and the first grocery store to have its own bakery. Kroger pioneered the use of optical scanners in the checkout aisles and was one of the first grocery chains to open superstores, a move that has helped it weather competition from big box stores like Sam’s Club and Costco. That drive to innovate has helped make Kroger the nation’s largest grocery chain and the second largest retailer in the country after Walmart.

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Failure To Follow The Court’s Preliminary Injunction In A Trade Secrets Case Results In Default

In what turned out to be a disastrous result for defendants, a Massachusetts Court issued a default judgment against certain salespeople who left their former company to form the new competing company. The default judgment was based on the defendants’ conduct during the discovery phase of the case, in which they failed to follow the terms of the Court’s Preliminary Injunction, including misrepresenting their compliance to the Court, destroying evidence, and using confidential information to sell products to certain businesses, all of which was specifically barred by the terms of the Court’s Order.

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In-Person OSHA Briefings in New York, NY (May 28) and Stamford, CT (May 29)

On May 28th and May 29th, leaders within Epstein Becker Green’s national OSHA Practice GroupEric J. Conn and Amanda Strainis-Walker, will conduct in-person OSHA Briefings in New York City and Stamford, CT for employers across all industries.

The program will provide an update on the current landscape of OSHA enforcement, review employers’ and employees’ rights during OSHA inspections, provide detailed recommendations for actions employers can and should take now and during inspections, and discuss strategies to help ensure the best possible outcome from an unexpected visit by OSHA.

It has never been more important to prepare for an OSHA inspection, because OSHA has increased enforcement to levels never seen before, from huge increases in the numbers of inspections and citations characterized as “willful” or “repeat,” to more criminal referrals.  OSHA today is also engaging in more aggressive strategies during inspections, creating a minefield for employers across all industries.  The topics to be covered include:

  • OSHA’s current philosophy of enhanced enforcement
  • New enforcement programs, including enterprise-wide enforcement, the Severe Violator Enforcement Program, and a campaign of public shaming
  • National, regional, and local emphasis inspection programs
  • Steps employers should take before OSHA begins an inspection
  • Employers’ and employees’ workplace inspection rights
  • Stages of OSHA inspections, with tips to manage each stage

This interactive program will be held in two locations. The first session will take place on Wednesday, May 28 at The Cornell Club in New York, New York. The second session will follow on Thursday, May 29 at the Hilton Stamford Hotel in Stamford, Connecticut.

Read more about the briefing and the sessions, or click here to register.


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ILN Today Post

Theising Co-Authors Chapter of Book on Construction Law

Harrison & Moberly attorney David J. Theising was the co-author of a chapter for a construction law book just published by the American Bar Association Forum on the Construction Industry.  The book, a reference work entitled CONSTRUCTION SUBCONTRACTING, is a comprehensive practical and legal guide for construction attorneys who work with specialty trade contractors, subcontractors, and material suppliers.  Mr. Theising co-authored the chapter of the book on “Indemnity.”  He is the former chair of the Division on Insurance, Surety & Liens of the ABA Forum on the Construction Industry, a past chair of the Indiana State Bar Association Section on Construction & Surety Law, and has authored numerous published articles on construction and government contracts law. More…

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Tilskud til Melodi Grand Prix

Eurovision Song Contest (ESC) skal i 2014 afholdes i Danmark som følge af den danske sejr ved European Song Contest 2013. DR har valgt København som værtsby, og at ESC 2014 skal afholdes på Refshaleøen i B&W-hallerne, der ejes af Refshaleøens Ejendomsselskab A/S (REDA).

Som led i at skulle kunne løse opgaver i tilknytning til ESC har fonden Wonderful Copenhagen, der blandt andre finansieres af Region Hovedstaden og Københavns Kommune, stiftet Projektselskabet ESC 2014 ApS (Projektselskabet). Projektselskabet ejes 100 % af Wonderful Copenhagen, og har alene til formål at løse opgaver i forbindelse med forberedelse og afvikling af ESC 2014. Projektselskabet har således ikke til formål at skabe overskud, og vil blive likvideret efter afholdelsen af ESC 2014.

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Changes afoot for owners of UK residences

The Government recently issued a consultation entitled ‘Implementing a capital gains tax (CGT) charge on non-residents’. Now, if you are UK resident for CGT purposes, you might have formed the view, quite reasonably, that, in view of its title, you need not add the consultation to your pile of bedtime reading. Tut tut, how could you be so silly?!

Buried deep within the consultation is a proposal which could also affect UK residents owning two or more residences. More on that below. First, here’s a quick summary of the main proposals in the consultation:

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ILN Today Post


The Division of Investment Management of the Securities and Exchange Commission (SEC) has issued guidance for registered investment advisers and their representatives on using testimonials from independent third-party social media sites. The limited amount of social media guidance for “regulated” industries from their various regulators has made the broad use of social media challenging. More…

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Best Practices in Effective Conference Networking: Don’t Skip Anything

I’ve done a number of posts here recently on best practices for networking and relationship-building at conferences, and you may remember that I’ve said, more than once, how important it is to avoid your room at all costs.

But there’s a counter-point to that which I’ve been thinking about a lot as we have our ILN Annual Meeting on the horizon, and that is – DON’T SKIP ANYTHING.

Sometimes, when attending a conference, it’s very tempting (and often reasonable) to combine other business with the business of the conference – you may have clients in the same city, or friends that you rarely get to see, or a spouse who is with you, but not joining in on the conference, and you feel that taking an afternoon (or two) or a meal (or two) away from the conference won’t be such a big deal. 

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