Monthly Archives: September 2015

ISP Obligations and Copyright Reform – Injunctions under 115A Copyright Act 1968

Gavel PoundingOf the many hurdles in enforcing copyright online, one of the preliminary issues (and often one of the most complicated) is the problem of jurisdiction. With infringements potentially taking place all over the world, a rights holder may be faced with the dilemma of working out where infringements are occurring, and figuring out how to enforce their rights in that jurisdiction.  That dilemma has recently become more straightforward to resolve for Australian rights holders. 

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Labour law newsletter: hazardous products, stock options, new Tribunal, pay equity

September 16, 2015 — The latest issue of RSS’s labour and employment newsletter discusses:

  • New legal regime on hazardous products
  • What happens with the stock options of a terminated employee?
  • What do you know about the Administrative Labour Tribunal?
  • Pay equity: 25,000 employers are given a break

Click here to view this newsletter.

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ILN Today Post

How Can Franchisors Guard Against Patent Infringement?

Let’s take a quick look at steps that helps franchisors in protecting their brand’s patent rights to cement stronger position in the market.

As an expression intellectual property connotes a cluster of rights acquired by any person upon creations of his mind such as inventions, literary and artistic works, processes, designs and symbols, names and images used in commerce. The intent of any intellectual property system is to safeguard the rights of an inventor/ creator in the work of its cognition, inception and creation. Patent is one such right covered under the umbrella of intellectual property rights. In India, patent means the grant of some privilege or property by the Government to one or more persons and statutorily, a patent has been defined under the Patent Act, 1970 (“Patent Act”), as ‘a patent for any invention (i.e., a new product or process involving an inventive step and capable of industrial application) granted under the act’.

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ILN Today Post

Howard & Howards Congratulates Our Attorneys Named to Michigan Super Lawyers and Michigan Rising Stars 2015

Royal Oak, Michigan, September 15, 2015:  Twenty-six of Howard & Howard’s attorneys were recently named to Michigan Super Lawyers® and Michigan Rising Stars 2015 as a result of a survey by Law & Politics Media, Inc.  They were selected through a process which included peer evaluation and independent research.  Only five percent of the attorneys in Michigan were named to the Super Lawyers list and two and one half percent to Rising Stars.

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2nd Circuit Expands Dodd-Frank Anti-retaliation Protection To Cover Internal Whistleblowing

On September 10, 2015, the Second Circuit Court of Appeals ruled in Berman v. Neo@Ogilvy LLC that an employee who reports an alleged securities violation only to his or her employer, and not to the SEC, is nevertheless covered by the anti-relation protections afforded by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”). 

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Firm of the Month – Miller Samuel LLP, Scotland!

September/October 2015

The ILN is proud to announce our latest firm of the month, Miller Samuel LLP – Glasgow, Scotland! 

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Philippe-André Tessier to speak on the career as a labour lawyer

September 15, 2015 — On Thursday, September 24, the professional development centre of the faculty of law of the University of Montréal will be presenting Une carrière en droit du travail : syndicat ou patronat?, a conference that will highlight the perspectives and challenges of the practice of labour law.

Philippe-André Tessier will be discussing his experience as counsel for employers. 

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Massachusetts sees first case over firing for medical marijuana use

Dive Brief:

  • A complaint filed accusing an employer of discrimination and invasion of privacy is centered on an employee who was fired because she uses medical marijuana and was let go for failing a company drug test, according to an articleat Masslive.com.
  • Cristina Barbuto of Brewster, Mass., took a job with a marketing firm and told the company that she used medical marijuana to treat symptoms of Crohn’s disease. Masslive reports that she worked for only one day for Advantage Sales and Marketing, promoting products in a supermarket, and then the company fired her for failing a required drug test.
  • An HR representative told Barbuto that the nationwide company follows federal, not state law on the issue.

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Real Estate: Know Before You Owe: Impending changes to the residential loan closing process

The “Know Before You Owe” mortgage rule,also known as the TILA-RESPA Integrated Disclosures rule, goes into effect on Oct. 3, 2015. The Consumer Financial Protection Bureau (CFPB) issued the final rule on Nov. 3, 2013, requiring easier-to-use mortgage disclosure forms that clearly lay out the terms of a mortgage for a homebuyer, among other things. Unless specifically exempted, any residential consumer loan originated on or after Oct. 3, 2015, will be subject to the new rules and forms promulgated by the CFPB. Though there are very few exceptions, those consumer loan transactions exempted from the new rules and forms include reverse mortgages, home equity lines of credit, mobile home loans, and creditors who originate less than five loans in a calendar year. 

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“Pros, Cons of Provider-Based Conversions,” Steven Harris for The Rheumatologist

When the local hospital approaches you about selling your practice and converting it to a provider-based outpatient department, you may want to hear them out. There are many benefits to becoming a department of the hospital, but what would it mean for you and the practice you worked tirelessly to build? 

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