Monthly Archives: November 2014

Veronica Franco presented at CHOA Fall Education Program

Last night, Veronica Franco presented at the Condominium Home Owners Association of BC (CHOA) Fall 2014 Strata Education Program in North Vancouver. Veronica spoke on Creating Notice Packages for Strata General Meetings.

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NYC Affordable Transit Act Passes – Expanding the Right to Pre-Tax Transit Benefits to More New Yorkers

Technology, media, and telecommunication employers doing business in New York City should take note of a new ordinance Mayor Bill de Blasio signed into law on October 20, 2014 – The Affordable Transit Act.

The Affordable Transit Act (the “Act”) requires employers in New York City with 20 or more full-time employees to offer pre-tax transit benefits to employees. The Act allows employees to use up to $130 in tax free money towards their transit costs, which is the current IRS limit.  Full-time employees are defined as employees working an average of 30 hours or more per week.

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Rainmaking Recommendation from Jaimie Field: 2015 – The Year of the Client

I’m easily pleased, so I’m happy to report that I’m currently typing this blog post while on a plane to Costa Rica – I love inflight wifi!

I’m bringing you another excellent rainmaking recommendation from expert Jaimie Field today, who is declaring 2015 the “year of the client.” I couldn’t agree more!


I am officially declaring 2015 – The Year of The Client.

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Webcast — Anatomy of a data breach

This webcast is for claim personnel (both P/C and WC).  This training presentation will relate to claims handling of cyber liability (data breaches, etc.) claims.  As we’ve discussed, this is a growing area of our business; thus we believe that providing this training opportunity to our claim professionals is timely and highly appropriate.

Please distribute (forward) this webcast to all CCMSI claim professionals that would benefit from this training opportunity and encourage participation.  Attendance / participation is not mandatory, but is strongly encouraged. 

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America’s Forum–Bruce Reinhart Interviewed on Newsmax TV

Bruce Reinhart speaks about the Ferguson case on Newsmax TV.

Click Here to watch the video.

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Sales Representative Litigation and Consulting Alert: Sales representative agreements – Are you protected?

Do you know the answer to this threshold question: are my company’s agreements with our sales representatives even legal and enforceable? Whether you know it or not, there is most likely a state law that imposes certain requirements on the relationship between you and your sales representatives. Particularly in the manufacturing world, there may be several statutes that apply depending on the location of your and your customer’s facilities. Nearly every state has enacted a statute that governs the relationship between companies and sales representatives. These statutes primarily govern the payment of commission during the representation relationship and following termination of the relationship. If a company violates these provisions the penalty can be severe.

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ILN Today Post


Royal Oak, Michigan, November 18, 2014: Howard & Howard Attorneys PLLC was recognized among the “Cool Places to Work in Michigan” for 2014 by Crain’s Detroit Business.

The Crain’s Cool Places to Work recognition program honors employers that go the extra mile to make employees feel appreciated — as judged by the employees themselves. The program was open to Michigan businesses, nonprofits and government entities. To participate, an organization must have at least 15 employees at a Michigan location. More…

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BC Supreme Court Addresses Interesting and Novel COC Policy Issues

By Glen Boswall

In the recently decided case of Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Co., the BC Supreme Court addressed some interesting and novel issues concerning Course of Construction (COC) insurance. Particularly, the Court,

  • clarified the distinction between excluded defects and covered resulting physical damage within a building component;
  • dealt with a novel argument that fortuity was not required to trigger coverage under typical COC policy wording; and
  • was the first in Canada to interpret a design and workmanship exclusion wording that is becoming more common in COC policies.
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OSHA Warns Retailers It Expects Better Than Business as Usual on Black Friday

With the holiday shopping season fast approaching, OSHA has reached out to retailers strongly encouraging them to adopt a set of Crowd Management Safety Guidelines for Retailers, in addition to their existing safety and health policies and procedures.

Citing the tragic death of a retail employee who was crushed during a stampede at a Black Friday event in 2008, OSHA has urged the adoption of these crowd control protocols as a critical step for employers and store owners to take in ensuring employee safety during the holiday shopping rush, and other events where large crowds may gather.  OSHA recently sent letters directly to major retailers, retail trade associations, and fire marshals enclosing its recommended crowd management guidelines and encouraging employers and first responders to establish a plan well ahead of events likely to draw large crowds, such as Black Friday.

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Ninth Circuit Requires Plaintiffs To Plead Facts In Support Of Their Wage-Hour Claims

In a great many wage-hour complaints alleging unpaid overtime or failure to pay minimum wage, plaintiffs will bring suit without identifying any specific instances in which the plaintiffs ever worked unpaid overtime or worked for a period of time without being paid at least the minimum wage.  The absence of such basic facts plagues many class action and collective action complaints, in particular.  The Ninth Circuit’s recent opinion in Landers v. Quality Communications rejects the notion that plaintiffs can survive a motion to dismiss by relying on cookie-cutter allegations.  The Ninth Circuit has made it clear that plaintiffs must plead facts in support of their wage-hour claims.

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