Monthly Archives: May 2014

Ohio Statehouse Update: This Week in Ohio — May 16, 2014

Legislation to increase Ohio’s oil and gas severance tax cleared the House this week after squeaking through the House Ways and Means Committee with a vote of 11-10. For details on the proposal, please read the May 9, 2014 edition of the Ohio Statehouse Update.

Democrats in opposition to the bill argued that the rate was too low, and did not support the increased revenue being used to fund an income tax reduction. Multiple amendments were offered and subsequently tabled that would have instead used the revenue to increase the Local Government Fund, decrease the state sales tax, and create an Alternative Energy grant program.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — May 16, 2014

It was believed that even if Majority Leader Harry Reid (D-NV) blocked Republican amendments on legislation to extend expired tax provisions, known as tax extenders, Republicans weren’t likely to prevent the bill from coming to the floor. However, that is exactly what Republicans did on Thursday, heightening the chances that Congress won’t work the issue out until the lame-duck session after the November elections.

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Non-Solicitation Agreements Are Void in California…or Are They?

There is certainly no question that an employee owes undivided loyalty to his or her employer while employed. For example, no one questions that an employee is prohibited from working for a competitor during his employment. But the law becomes much more complicated once an employee leaves his or her employment. Under what circumstances may a former employee solicit his former employer’s customers? Can non-solicitation agreements ever be enforceable?

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ILN Firm of the Month – Arnstein & Lehr LLP, Chicago!

We’ll be getting to know Arnstein & Lehr in person next week when they welcome us to Chicago for our Annual Meeting, but today, we highlight them as our firm of the month!

 

Member of the International Lawyers Network

The ILN is proud to announce our latest “Firm of the Month” – Arnstein & Lehr LLP!

Arnstein & Lehr is a full-service law firm founded in 1893 that serves a diverse client base comprised of large corporations listed on the public stock exchanges, middle-market companies, nonprofit organizations, and emerging businesses. Clients include government, healthcare entities, financial institutions, trade associations, and businesses in the retail, industrial, manufacturing, distribution, technology, and services sectors. The firm also counsels individuals as to their personal needs, including estate planning, probate matters, and the transfer of wealth and business interests from one generation to another. They practice in six main service groups: Business, Litigation, Trusts & Estates, Domestic and Foreign Tax, Government and Real Estate.

REWARDING THEIR CLIENTS WITH INNOVATIVE, INSIGHTFUL SOLUTIONS
They proudly enjoy long-standing relationships with many of their clients, having counseled numerous businesses for decades. In at least one case, their client relationship with a major publicly held corporation spans more than a century. In addition, they have considerable experience and expertise in addressing their clients’ international concerns.

GOING BEYOND EXPECTATIONS
Arnstein & Lehr commits itself to providing quality, result-oriented legal services in a cost-effective manner. In today’s competitive economic climate, businesses and individuals must react to the ever changing complexities of legal and business environments while containing legal costs at the same time. That’s why they take pride in their ability to deliver legal services in a timely and efficient manner.

Their attorneys regularly give presentations and offer seminars on a broad range of topics. In addition, they publish practice-specific newsletters that help disseminate current legal developments of interest to their clients.

They encourage their lawyers to offer their legal expertise through pro bono work, law reform, and professional service. Many attorneys are active contributors to legal and business publications and serve as speakers and faculty at numerous continuing legal education programs and seminars. Several of their attorneys have also achieved peer recognition by their election and appointment to leadership positions in a variety of civic, charitable, and professional organizations.

 

Full descriptions of Arnstein & Lehr’s  services, expertise, and lawyer profiles are available on their ILN profile.

 

Lindsay Griffiths
Director of Global Relationship Management
International Lawyers Network

Lindsay Griffiths

Learn More
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Main Contacts:

Howard Swibel

Howard J. Swibel

Email: hjswibel@arnstein.com
Telephone: (312) 876-7164

Practice Groups:
Business & Organizations, Health Care

sidebar-divider.gifJeffrey Shapiro

Jeffrey B. Shapiro

EmailJBShapiro@arnstein.com
Telephone: (305) 357-2005

Practice Groups:
Litigation

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Alan Griffiths

Arnstein & Lehr has been a member firm for almost 20 years, and we’re thrilled to be showcasing the firm in our upcoming 26th Annual Meeting in Chicago.

Alan Griffiths
Executive Director
International Lawyers Network

+001.201.594.9985

www.ilntoday.com

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NLRB Invites Debate on Employee Use of Work Email for Organizing Activities

By Kara M. Maciel and Lindsay A. Smith

On April 30, 2014, the National Labor Relations Board (the “Board”) invited interested parties to submit amicus briefs addressing an employee’s right to use an employer’s electronic communications system for Section 7 activity in the case of Purple Communications Inc.  Based on a prior Board decision in Guard Publishing Co. d/b/a Register Guard (2007), employers are not currently required to allow employee use of their e-mail systems for protected, concerted activities because in that case the Board held, “employees have no statutory right to use the Employer’s e-mail system for Section 7 purposes.”  The Board has decided, however, to reconsider its findings in Register-Guard as it evaluates a recent decision from an administrative law judge (“ALJ”) resolved in line with this precedent.

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Første tiltale i "Bygge-kartellet"

KONKURRENCERET OG UDBUDSRET: Konkurrence- og Forbrugerstyrelsen foretog i 2010 kontrolundersøgelser (“dawn raids”) hos 5 virksomheder i byggebranchen. Efterfølgende har politiet gennemført ransagninger hos flere virksomheder, og efterforskningen har ført til sigtelse af i alt 33 virksomheder inden for bygge- og anlægsbranchen.

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Multistate Tax Update — May 15, 2014

Last month, the Supreme Court of Alaska issued an opinion in a case in which three same-sex couples claimed that a state and municipal property tax exemption violated their equal protection rights under the Alaska Constitution. The case was State v. Schmidt, — P.3d —, 2014 WL 1663367 (Alaska 2014). In Schmidt, the couples claimed that their rights were violated because they could not benefit or become eligible to benefit from the exemption program to the same extent as heterosexual couples who are married or may marry. Therefore, the couples argued, the exemption program has the potential to treat same-sex couples less favorably than it treats opposite-sex couples even though the two classes are similarly situated.

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New Proposed Rules Significantly Expand OIG’s Exclusion Power

On May 9, 2014, the Office of Inspector General (“OIG”) of the Department of Health and Human Services published in the Federal Register a proposed rule amending the regulations relating to OIG’s exclusion authority (hereinafter the “Proposed Exclusion Rule”). With the Proposed Exclusion Rule, OIG intends to update its exclusion regulations to codify changes made by Affordable Care Act (“ACA”); the Medicare Prescription Drug, Improvement, and Modernization Act of 2003; and other statutory authorities. Among many technical changes to clarify and update the existing exclusion regulations, the Proposed Exclusion Rule codifies the new permissive exclusion authority established in the ACA and also modifies the aggravating and mitigating factors that OIG uses to determine the length of exclusion, establishes OIG’s testimonial subpoena authority in exclusion cases, and modifies the reinstatement rules for individuals who have been excluded due to loss of license. Public comments to the Proposed Exclusion Rule are due by July 8, 2014.

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DHS Issues Proposed Rules to Attract and Retain Highly Skilled Foreign Workers

Our colleagues in the Immigration Law Group at Epstein Becker Green (Robert Groban Jr., Pierre Georges Bonnefil, Patrick Brady, Jang Hyuk Im, and Greta Ravitsky) have prepared a client alert regarding two rules that the Department of Homeland Security proposed on May 12, 2014.  If enacted, these rules would help the United States to attract and retain highly skilled workers.  Topics include:

  • DHS Proposes to Issue Employment Authorization to Certain H-4 Spouses
  • DHS Proposes to Enhance Flexibility for Highly Skilled Specialty Occupation Professionals

Read the full alert here. 

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ILN Today Post

UNSUCCESSFUL APPEAL SUBJECTED PLAINTIFF’S ATTORNEY TO POSSIBLE SANCTIONS

Corina Bass was a custodian for Joliet Public School District No. 86. She was assigned to clean the first floor at Cunningham Elementary School. She took a leave of absence.

During the 2008-09 school year, the District hired Pike Systems to conduct a time-study of custodial duties at 11 of its schools.

At Cunningham Elementary School, Pike concluded that the second floor took more time to clean than one shift permitted, while the first floor could be finished in less than one shift. Pike recommended that the restrooms on the second floor be reassigned to the custodian responsible for the first floor. More…

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