Monthly Archives: September 2015

Court allows disinheritance of estranged children

The recent decision of Kong v. Kong confirms (and not for the first time) that in some circumstances the court will support the decision of a parent to exclude an adult child from their will entirely, and deny a claim under BC wills variation legislation. In this case the court disallowed the claims of two disinherited sons, and allowed two others only a 5% share of the estate. 

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Non-domestic Water and Waste Rates – Should You Go With the Flow?

A recent case from Edinburgh Sheriff Court has shed new light on the correct approach in dealing with claims raised by the various non-domestic water and waste water service providers in Scotland.

In Scottish Water Business Stream Limited v Mr. Deodat Chataroo (SA978/14), the Sheriff Principal recalled a previous judgment against a small business owner in an action brought by Scottish Water Business Stream Limited (“Business Stream”). 

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Week of September 14, 2015 on ILNToday – A Roundup!

roundupIt’s been a whirlwind couple of weeks here at the ILN, with traveling first to Belfast to visit our member firm (what a lovely city with a wonderful firm!) and then on to Glasgow for our 2015 European Regional Meeting. There, we networked, we discussed business, we jetted around Loch Lomond in speed boats, tossed cabers, shook the hands of famous Scottish ruggers, and left with memories for a lifetime.

Now it’s back to work for the members, and looking forward to seeing several of them in a few weeks’ time at the International Bar Association conference in Vienna! But first, the roundup! 

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Plan to Scrap Employment Tribunal Fees Could Result in More Cases

The Scottish Government has announced it is considering plans to scrap all employment fees

Last year, the number of employment tribunals fell by a whopping 79% according to statistics from the TUC. According to the Union, there was “no obvious explanation, other than the introduction of fees”. However, as some stated that the introduction of fees would prevent those from accessing justice, according to some legal experts it is also clear that many employment cases have not been taken forward because they were not worth the risk of paying a nominal fee. 

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Litigation: The FCC taketh away AND giveth: Under the TCPA, not all efaxes are junk

If your company contacts customers via fax, the latest FCC ruling should be of interest to you. There are different forms of fax:

  • Faxes sent by conventional fax machine
  • Faxes sent by conventional fax but converted to email
  • Faxes sent as an email over the Internet
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Feriegodtgørelse skal udbetales sammen med tabt arbejdsfortjeneste

Lønmodtager, som har ansættelse med løn under ferie, har krav på feriegodtgørelse som en del af sit erstatningskrav for tabt arbejdsfortjeneste efter erstatningsansvarslovens § 2, stk. 1. 

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Content Marketing – Are You Forgetting Someone?

A fisheye image of a confused geeky-looking woman.

A few weeks ago, I read an interesting piece over on the Content Marketing Institute by Carla Johnson, and I’ve been mulling it over in my mind ever since. Johnson asks whether we’re missing the most important audience for our content marketing – and with a hook like that for the title, you can bet I was going to click to read more.

I’m sure you’re wracking your brains as I was to identify who it is you’re missing – clients, potential clients, referral sources, journalists, conference organizers, influencers, amplifiers…the list goes on. But there is one important group you may be overlooking. 

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ILN Today Post

Davis Malm attorneys named to prestigious Best Lawyers in America 2016 List

Davis Malm is pleased to announce that four of its shareholders were recently selected by their peers for inclusion in The Best Lawyers in America© 2016, published by Woodward/White, Inc. Best Lawyers is considered by many as the oldest and most respected peer review publication in the legal profession.

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ILN Today Post

The Cold, Cruel World of Selling Online: How to Keep the Boy Bands at Bay

As sales at smaller, niche-oriented online retailers continue to grow, above-board online retailers must carefully navigate the treacherous waters of intellectual property infringement. By asserting broad and vague intellectual property claims, aggressive boy bands, TV and movie stars, and the media giants that promote them can crush an entirely reputable business that may be using their likenesses. A small amount of up-front preparation can help a viable business avoid being bled to death by baseless litigation.

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ILN Today Post

Craig D. Levey to present to Canadian Tech Companies

On September 24, Davis Malm attorney Craig D. Levey will present “Navigating Employment Law Issues Between the United States and Canada” at a Lunch and Learn session hosted by the Canadian Technology Accelerators (CTA) at the Cambridge Innovation Center.

Mr. Levey will address the local employment laws, rules, and regulations that impact Canadian businesses with an American presence to ensure they are adequately protected and not at risk of liability within the Commonwealth of Massachusetts.

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