Monthly Archives: January 2016

ILN Today Post

Call drops menace – Trai’s role and whether a rupee compensation is the answer to the problem

India’s mobile phone subscribers recently crossed the one billion mark. With the cheapest call tariffs in the world, India’s mobile user base is expected to contribute to massive growth in data usage and internet accessibility through mobile phones in the near future. However, the Telecom Regulatory Authority of India (TRAI) has a bigger problem on its hands. Although India definitely seems to be shining (it may also outstrip the United States in smartphone users), it cannot be denied that this shining comes with a considerable amount of whining from mobile phone users about the rapidly increasing phenomenon of “call drops”. 

Read full article
ILN Today Post

EXP Legal named in Who’s Who Restructuring Insolvency 2016

EXP Legal and its partner Giorgio Cherubini have been recognized in the Who’s Who Restructuring Insolvency 2016 by Global Restructuring Review.

DOC260116-003

Read full article
ILN Today Post

“Trump has crossover appeal for Dems, liberals say,” Steve LaTourette quoted by the Washington Examiner

As a Republican presidential nomination for Donald Trump becomes more probable, some liberals are warning their colleagues that he could revive the “Reagan Democrat” phenomenon by getting support from blue-collar voters who don’t automatically back the GOP. That coalition was widely seen as crucial to Reagan’s victories, and its return could cause serious trouble for a Democratic candidate’s prospects in 2016.

Asked Friday by Fox which Republican candidate presented the biggest threat to the eventual Democratic nominee, former Rep. Dennis Kucinich, D-Ohio, said without hesitation that it was the billionaire developer and former reality television star.

Read full article
ILN Today Post

McDonald Hopkins Government Strategies Advisory: This Week in Washington — January 29, 2016

The future of criminal justice reform

Bipartisan criminal justice reform, which once seemed likely, is facing longer and longer odds. This week, Senate Majority Leader John Cornyn (R-TX), a key sponsor of the effort, admitted that the measure may not move at all this year.

“I am hopeful, but I don’t think it’s critical we do it this year,” Cornyn told the Associated Press. “I have been involved in a lot of fights around here that have taken us years to get things done.”

Read full article
ILN Today Post

Preparing a digital estate

Accessing the digital assets of a deceased love one is more difficult than people might expect, explains Richard Weiland in CBC’s radio program On the Coast. Digital assets include songs, photos, social media accounts, loyalty points, etc. Rights are governed by terms and conditions, which vary considerably from one user agreement to another. To learn more about preparing a digital estate, listen in here (starting at 2:07:00).

Read full article
ILN Today Post

Federal climate-change decision could create hurdle for BC LNG

The federal government has said that provinces are responsible for controlling greenhouse gas emissions within their borders, explains David Austin in the Globe and Mail. David makes these comments in advance of a federal decision on climate-change measures, which could create a new hurdle for the BC LNG industry. Learn more.

Read full article
ILN Today Post

U.S. Department of Labor Weighs in on “Joint Employer” Standard

E. Jason Tremblay

E. Jason Tremblay

On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued an Administrative Interpretation setting forth guidance for when businesses will be deemed “joint employers” under the Fair Labor Standards Act. A copy of DOL’s Administrative Interpretation No. 2016-1 (the “Interpretation”) is attached here for your reference.

The Interpretation makes abundantly clear to businesses that share employees or use contractors or temporary staffing agencies that they may be deemed “joint employers” and become legally responsible for any wage and hour violations committed by the other joint business. The Interpretation goes on to explain two types of joint employment scenarios – “horizontal” joint employment and “vertical” joint employment. 

Read full article

(Français) Témoignage d’un ancien étudiant: Faire une petite ou une grosse course?

Voilà une question que tout étudiant qui prévoit participer à la course au stage a intérêt de tirer au clair au plus tôt. Plusieurs facteurs entrent en ligne de compte : intérêts de pratique de droit, résultats scolaires, parcours professionnel antérieur, contraintes familiales, et j’en passe. Il n’y a pas de recette; chaque étudiant doit trouver l’équilibre qui lui convient le mieux selon la situation qui lui est propre.

À défaut d’une règle générale, peut-être qu’une perspective plus personnelle pourrait, à tout le moins, offrir un certain éclairage aux futurs coureurs.

Read full article

Don’t Give Your Zip Code and Other Massachusetts Credit Card Laws You Should Know

“No, thanks” is a smart response when cashiers ask for your Boston ZIP code at checkout. That information isn’t required to process your credit card transaction, so the merchant doesn’t actually need it.

Massachusetts credit card laws offer consumers some of the toughest consumer privacy data and protection in the nation, including safeguards against aggressive harvesting of your personal information for intrusive marketing. Keep reading to find out how the laws help protect your privacy and rights when you use your Boston credit card.

Read full article

Executors: it’s time to turn detective or risk a penalty

An essential part of any executor’s job is to work out the assets and liabilities of the estate that they are administering.  An executor also owes a statutory duty to HMRC to correctly report the value of the estate to it so that, if any Inheritance Tax is due on the estate, the right amount is paid. 

The job of the executor is made more difficult because the Inheritance Tax rules require gifts made in the seven years prior to death to be brought back into account.  However it’s not uncommon for an executor to know next to nothing about the deceased’s personal finances, let alone what gifts the deceased has been making and to whom.  This can be a real problem for executors because if the executor reports to HMRC that there have been no gifts but HMRC is able to produce evidence of gifts having been made, the executor may receive a tax geared penalty, calculated with reference to the potential tax forgone if the gift had remained undiscovered, which the executor is personally liable for.  So how much detective work does an executor have to do to avoid any risk of getting a penalty for undeclared gifts?

Read full article