Monthly Archives: May 2014

Client Service: The Power of "I’m Sorry"

Last week, when we talked about thinking like a marketer, I shared the following statistic from Blue Kite Marketing:

People use hundreds of products and services every day. About 95 percent of those interactions go completely unnoticed. Another three percent of those experiences are ones that you are complaining about.”

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Fourth Circuit Rules That Dodd-Frank’s Ban on Predispute Arbitration Agreements Does Not Invalidate Entire Arbitration Agreement

By John F. Fullerton III and Jason Kaufman

In its recent decision in Santoro v. Accenture Federal Services, LLC [pdf], the Fourth Circuit Court of Appeals has joined the Fifth Circuit [pdf] in narrowly interpreting the prohibition against predispute arbitration agreements in the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) — and employers can breathe a further sigh of relief.

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ILN Today Post

Appointment of Directors under The Companies Act, 2013

  • Every company is now required to have at least 1 (one) director who has stayed in India for a total period of not less than 182 (one hundred eighty two) days in the previous calendar year in terms of the recently notified The Companies Act, 2013 (“CA13”). A company can have a maximum of 15 (fifteen) directors, and the limit may be increased by way of a special resolution, without needing the Central Government’s approval.
  • CA13 has increased the number of directorships that a person can simultaneously hold, from 15 (fifteen) to 20 (twenty), out of which a person cannot be a director of more than 10 (ten) public companies. However, for purposes of computing the aforesaid limits:
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Seventh Circuit: Collection of Time-Barred Debts May Violate FDCPA If Debtor Not Advised That Debt Is No Longer Legally Enforceable

By Lori A. Medley

A recent decision from the United States Court of Appeals for the Seventh Circuit held that collection or “dunning” letters sent after a debt has become time-barred by the applicable statute of limitations violate the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”), unless the dunning letters advise the debtor that the debt is no longer legally enforceable pursuant to the applicable statute of limitations.

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ILN Today Post

FATCA Update: Australia signs inter-governmental agreement with the U.S.

On 28 April 2014, the Australian Government signed an agreement (theintergovernmental agreement) with their U.S. counterparts that will greatly assist Australian financial institutions that must comply with the requirements of the Foreign Account Tax Compliance Act (FATCA) legislation, enacted by the U.S. Government.

The FATCA regime is, at its core, designed to address tax avoidance and money laundering by U.S. entities. More…

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ILN Today Post

Privacy – The first casualty

Much has been written about the new Privacy Act, including the renewed vigour for enforcement of breaches and the potential for significant penalties.

However the first high profile Privacy casualty is not a Bank, not a Telco, but the OAIC itself. More…

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NLRB Continues to Increase Use of Section 10(J) Injunctions

By Steven M. Swirsky and Peter M. Panken

NLRB General Counsel Richard Griffin has declared in an April 30, 2014 General Counsel Memorandum. that his office will continue and expand the increasingly aggressive pursuit of injunctions in Federal Court against employers in connection with union organizing and bargaining for initial collective bargaining agreements.

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Skatteregler for sommer- og helårshuse

Danmark er opdelt i tre zoner, nemlig landzone, byzone og sommerhuszone. Ejendomme, der ligger i sommerhuszoner, er sommerhuse og kan skattemæssigt ved salg rubriceres under en særlig bestemmelse i ejendomsavancebeskatningslovens § 8, stk. 2. Bestemmelsen giver adgang til, at gevinst ved et sommerhus kan oppebæres skattefrit, hvis sommerhuset har været anvendt til privat benyttelse og grundarealet er under 1400 m².

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Week of May 12, 2014 on ILNToday – A Roundup!

In less than a week, we’ll be enjoying the hospitality of our Chicago hosts as we get underway with our 26th Annual Meeting in the Windy City! Since we’re deep into last minute preparation for the conference, I’ll get right into the roundup with no further ado!

Enjoy the weekend!

 

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ILN Today Post

Fair GAME?

Back in 2009 landlords secured what they thought at the time was a victory over administrators. They argued, in court, that when a company went into administration, the administrator, as an expense of the administration, should be liable for the whole of a quarter’s rent if the period of the administration straddled a quarter day.

Prior to 2009 administrators had paid landlords rent at a daily rate for the period for which they used the premises for the purposes of the administration. If a company went into administration on 15 March 2006 and came out of administration on 15 July 2006, then the administrator would pay a daily rent from 15 March to 15 July to the landlord as an expense of the administration, i.e. before its own charges. More…

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