Monthly Archives: August 2015

ILN Today Post


Royal Oak, Michigan, August 18, 2015:  Howard & Howard Attorneys PLLC is pleased to announce that seventeen of our attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2016. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey. Over 52,000 leading attorneys cast more than 5.5 million votes on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” More…

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ILN Today Post

Can non-banks use the word ‘bank’? APRA gives updated guidance on s 66

APRA released an update of its guidance on the use of the term ‘bank’ on 14 August 2015.

Under sections 66 and 66A of the Banking Act a person carrying on a financial business cannot use the term ‘bank’ or any variation of ‘bank’ without the approval of APRA. This is designed to prevent customers being misled into assuming non-bank businesses are regulated by APRA.

Industry has long been confused about whether non-banks can refer to themselves as ‘non-bank lenders’, and use words such as ‘internet banking’. More…

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NLRB Sacks Northwestern Student Athletes Union Effort-Punts on Real Issue

The National Labor Relations Board (“NLRB” or “Board”) has ruled in a unanimous decision that it is dismissing the petition filed by the College Athlete Players Association for an election declaring Northwestern University football team members who receive grant-in-aid scholarships are “employees” within the meaning of the National Labor Relations Act (“Act”).  The Board explained that it had concluded that “asserting jurisdiction in this case would not promote stability in labor relations.”  The Board made clear however that it might well assert jurisdiction in a future case involving grant-in-aid scholarship players.

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In the Wake of the Glasgow Bin Lorry Disaster: Disclosure of Disabilities vs. Employee Rights

On 22 December 2014, Scotland was shocked by the news that a bin lorry had collided with pedestrians in Queen Street, Glasgow. In the wake of the disaster it emerged that when asked about his health in medical assessment forms as part of his job application, the driver of the bin lorry failed to disclose the fact that he regularly blacked out. In addition, he also failed to disclose his condition on the Large Goods Vehicle (LGV) form required by the Driver and Vehicle Licensing Agency (DVLA).

The Fatal Accident Inquiry that is investigating the incident has heard that the man in question will not face any form of criminal prosecution. The Crown Office, believing the incident to be a tragic accident, made statements in February indicating that no one would be prosecuted. It has affirmed that decision and, this week, the English-based DVLA indicated that it would not seek prosecution either. Family members of the victims, however, have called for a private prosecution.

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Ohio employers: Don’t miss the BWC deadline

A significant date for the 103-year-old Ohio Bureau of Workers’ Compensation is fast approaching. Aug. 31, 2015, is when premiums from private state fund employers are due for prospective – rather than retrospective – workers’ compensation coverage.

The Ohio BWC is transitioning from the prior system of payment in arrears for insurance coverage already provided, to the insurance industry standard of payment in advance of coverage. This change allows for additional payment options, decreased rates and efficiency in detecting fraud and non-compliance. To eliminate the financial burden that an employer would face having to pay for past coverage in arrears at the same time as paying for future coverage, the Ohio BWC will provide a one-time transition credit for employers who report payroll for the June 1 to June 30 period by the August 31 deadline. The eight month transition credit covers the six month payroll period from January to June 2015, as well as July and August 2015.

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33 attorneys at McDonald Hopkins selected for inclusion in Best Lawyers® 2016

Cleveland, Ohio (August 18, 2015) – Thirty-three attorneys at McDonald Hopkins have been selected by their peers for inclusion in Best Lawyers 2016. The 22nd edition of Best Lawyers is based on more than 5.5 million detailed evaluations of lawyers by other lawyers.

Peter M. Bernhardt – Member, Litigation Department
• Commercial Finance Law
• Commercial Litigation
• Construction Law
• Litigation – Banking and Finance
• Litigation – Construction
• Litigation – Real Estate
• Litigation – Trusts and Estates

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Application of WESA: Date of Death or Date of Will?

Since March 31, 2014, the Wills, Estates and Succession Act (“WESA”) has been the applicable legislation regarding wills and estates matters in British Columbia. WESA gives the courts the power to “cure” deficiencies in Wills that would formerly have been invalid for failure to comply with the required formalities under the less forgiving Wills Act (repealed by WESA).

Can the courts “cure” a deficient Will made prior to the WESA regime? The general application of WESA is that it applies if the death of the person whose Will and/estate is at issue occurred on or after March 31, 2014. As such, the courts do have the power to “cure” a deficient Will as long as the will-maker passed away after WESA came into effect.

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NLRB Denies McDonald’s Appeal of Motion to Dismiss Joint Employer Claims

The National Labor Relations Board has issued an Order (PDF) denying a request for a special appeal filed by McDonald’, USA, LLC and its franchisees (collectively referred to as “McDonald’s” in the Board’s   Order) and found that the Administrative Law Judge presiding in the unfair labor practice hearing did not err when she denied McDonald’s motion for a bill of particulars explaining the factual basis for the General Counsel’s claim that McDonald’s, USA, LLC and the named franchisees are joint employers.

The ALJ Had Denied McDonald’s Motion for a Bill of Particulars

McDonald’s had asked the ALJ, if she denied its request for a bill of particulars explaining the facts that the General Counsel intended to reply upon in support of its claim that the franchisor and its franchisees are joint employers to strike the joint-employer allegations and dismiss the 2014 complaint. McDonald’s had argued that without the information that it was requesting, and an explanation of what the General Counsel would rely upon in alleging a new standard for evaluating whether there was a joint employer relationship, it would be denied due process.

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Firm of the Month – Fogler, Rubinoff LLP, Canada!

Fogler, Rubinoff LLP is a full service law firm with offices in Toronto, Ontario Canada and Ottawa, Canada. They provide high quality legal services and advice to both established and emerging businesses and to individuals. Established in 1982 by the merger of the law firms of Siegal, Fogler and Rubinoff & Rubinoff, Fogler, Rubinoff LLP traces its roots to 1935 and 1928 respectively. Their long-standing history and reputation is the foundation for their current team, which now includes 112 lawyers strong and a support network of 128 legal and administrative support staff. They are now one of the 20 largest law firms in Toronto, but pride themselves on their entrepreneurial spirit and mid-size firm attitude. They are consistently named one of the Top 10 Ontario Regional Law Firms by Canadian Lawyer Magazine. They are also included in Best Lawyers Canada.

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A Celebrity’s Daughter’s Death and Estate Planning for Young Adults

A few weeks ago, I wrote about the importance of having your now adult child get his or her estate planning documents prepared.  The idea may seem unnecessary at first blush — your now 18 year old (or twenty-something) “adult” child has just reached the legal age of adulthood and likely has yet to accumulate significant assets.  He or she may in many ways seem still like a child to you, and not yet ready for important adult documents.  However, under the law, they are adults, and you are no longer their default decisionmaker nor are you automatically granted access to your adult child’s medical records.  This is an important time for your child to designate whom he or she wishes to make these types of decisions.

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