Monthly Archives: February 2016

ILN Today Post

KLA Alert – Direito Imobiliário – Fevereiro 2016

ESTÁ CHEGANDO A HORA DA USUCAPIÃO EXTRAJUDICIAL

Em pouco tempo, 17 de março de 2016, entrará em vigor o novo Código de Processo Civil e com ele, as inovações trazidas em seu artigo 1.071 que trata da usucapião extrajudicial.

Essa alteração em nosso sistema, tal como aquela feita pela Lei nº 10.931/04 que inaugurou o procedimento administrativo de retificação do registro imobiliário, é coerente com o importante movimento legislativo que possibilita tirar da atividade jurisdicional determinadas questões em que não haja, em tese, prejuízo a interesses de terceiro, atribuindo ao registrador imobiliário e ao tabelião de notas, os poderes para a sua solução.

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Three States Seek to Bolster Fair Pay Laws

Following on the tails of recent updates in New York and California’s equal pay laws, New Jersey, Massachusetts, and California all have bills pending in their state legislatures that would seek to eliminate pay differentials on the basis of sex and other protected categories.

The NJ Amendment

NJ employers may be curious why this amendment is necessary, as the state’s Equal Pay Law already prohibits discrimination in the rate or method of payment of wages to an employee because of his or her sex. The NJ Amendment, which has passed in the Senate and must now move through the House before being delivered to the Governor, would amend the Law Against Discrimination to prohibit differentials among employees of different sexes who perform “substantially similar” work. The NJ Amendment would, like the federal Lilly Ledbetter Fair Pay Act, allow a plaintiff to bring a claim based on “continuing violations” of the law, thereby expanding the statute of limitations on pay differentials.

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EEOC Implements Nationwide Program to Disclose Employer Position Statements and Supporting Documents

The Equal Employment Opportunity Commission (“EEOC”) recently implemented nationwide procedures for the release of employer positionConfidential-shutterstock_41997904 statements to Charging Parties upon request.  The new procedures, raise concerns about disclosure by the EEOC of non-public personnel and commercial or financial information the employer may disclose to support its position with regard to the Charge.

Before releasing the supporting documents to the Charging Party, the EEOC will review the employer’s submissions and withhold only information the Commission decides should be considered confidential.  The type of information considered confidential by the EEOC includes:

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Antitrust Law Post Antonin Scalia

Supreme_Court-2With the untimely passing of Supreme Court Justice Antonin Scalia, perhaps the best known and most controversial Justice on the Court, commentators, including this one, have been called upon to assess his legacy – both immediate and long term – in various areas of the law.

Justice Scalia was not known primarily as an antitrust judge and scholar. Indeed, in his confirmation hearing for the Court, he joked about what he saw as the incoherent nature of much of antitrust analysis. What he was best known for, of course, is his method of analysis of statutes and the Constitution: a literal textualism with respect to statutes and a reliance on “originalism” with respect to the Constitution.

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(Français) Entrevue éclair avec Me Pierre Brossoit

Me Pierre Brossoit s’est récemment joint à RSS. Il pratique depuis 25 ans en litige commercial et agit également à titre d’arbitre pour des litiges privés liés au monde des affaires.

pbrossoitVotre plus grand plaisir, comme avocat? Faire l’annonce à notre client d’un jugement victorieux.

 

Qu’est-ce que vous recherchez chez un jeune avocat? La persévérance.

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Probate fee increases: a death tax by any other name?

Probate fees do not, on the whole, cause much consternation.   After someone dies, an application to the Probate Registry is often needed to obtain a grant – proof acceptable to English financial institutions that they can safely pay over the deceased’s assets to the personal representatives (PRs) named on the grant.  This exercise, one of the few occasions when PRs can swear at a lawyer without anyone getting upset (swearing the oath), is usually fairly straightforward and the application to the Probate Registry for the grant currently costs £155 if done through a solicitor.  However, in its recently published consultation, the Government states that it would like to raise probate fees to £20,000 for some estates.  Yes, £20,000 just to get the grant!  No wonder some quarters of the press have dubbed this another death tax. 

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Ambiguous Allegations, Lack of Imminent Harm, and a Delay in Taking Action Doom Request for a Temporary Restraining Order

Peter A. Steinmeyer

In Bridgeview Bank Group v. Meyer, the Illinois Appellate Court recently affirmed the denial of a temporary restraining order (“TRO”) against an individual who joined a competitor and then, among other things, allegedly violated contractual non-solicitation and confidentiality obligations.

As a threshold matter, the Appellate Court was troubled by what it described as Bridgeview’s “leisurely approach” to seeking injunctive relief.  The Appellate Court noted that Bridgeview filed the lawsuit three months after Meyer joined a competitor, waited two more weeks to file a motion for a TRO, and then did not notice its motion for a TRO as an emergency motion —  instead waiting to present the motion on the trial court’s regular motion call.  The Appellate Court emphasized that Bridgeview did not offer any explanation for its slowness to act and explained that “[i]f, as Bridgeview now contends, Meyer’s possession of the contact list, standing alone, is an obvious breach of his confidentiality agreement, we can conceive of no reason why Bridgeview would take such a leisurely approach to protecting that information.”

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A Student’s perspective – Preparing for an interview at RSS

Be prepared! The interview is the best time to show the Committee why you are the candidate they should choose. Go over your CV and know it inside out. Determine how your previous work or volunteer experiences translate into useful skills for a firm looking to hire a stagiaire. It is helpful to have concrete examples and anecdotes of your past experience ready for discussion. Although you are under the spotlight during the interview, don’t be afraid to make the most of it! Prepare your own thoughtful questions for your interviewers to determine if this firm is a good fit for you.

Be yourself! There are a million law students with good grades, extracurriculars and ambition. What makes you different? Chances are your grades aren’t the only reason you were called to an interview, so show your interviewers what makes you unique and how that uniqueness can make you a valuable member of the team. Remember, they aren’t just hiring a summer student and stagiaire, they are hopefully hiring a future colleague. They want someone who is not only competent, but a person who will integrate well into the team. Are you that person?

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Surprise Health Care Bill Protections Addressed in President Obama’s 2017 Budget for Health and Human Services

In its Fiscal Year 2017 Private Insurance Legislative Proposals, President Obama’s Budget contains a provision seeking to “eliminate surprise out-of-network healthcare charges for privately insured patients.” Described as an attempt to “promote transparency on price, cost, and billing for consumers,” this measure requires hospitals and physicians to collaborate so that patients receiving treatment at in‐network facilities do not face unexpected charges from out‐of‐network practitioners. This provision could have far-reaching effects, potentially impacting enrollees in traditional commercial plans, Exchange plans and government plans (such as Medicare Advantage plans).

A surprise bill situation arises when patients incur unexpected, out‐of‐network charges when receiving health care services at an “in-network” or “participating” hospital. For example, a surprise bill may arise from a situation where certain physicians (e.g., anesthesiologists or emergency room physicians) who provide services to the patient during an episode of care are not participating with a health plan, even if other providers who see the patient and the hospital itself are participating. In such scenarios, the non-participating providers may charge patients for both cost sharing and any unpaid balances for those specific services, as if the patient had gone to an “out-of-network” or “non-participating” provider.

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Publicity Exactly What Was Missing From Monkey Selfie Case

426312_10150708008077792_310744473_nAccording to the “infinite monkey theorem,” a monkey hitting keys at random on a typewriter keyboard for an infinite amount of time will almost surely type a given text, such as the complete works of William Shakespeare or at least a comprehensible original work.   But, according to a United States federal district court judge, that hardworking primate could not copyright that work.  Why?  Because, as the court held in Naruto v. Slater, the “Copyright Act does not confer standing upon animals like Naruto,” who cannot be and “is not an ‘author’ within the meaning of the Copyright Act.”  The Court made clear that the statutory use of the word “author” without further definition limited authorship to “persons” or “human beings.”  The case was one that has been much discussed and in the public eye since the one-count (copyright) complaint’s original filing in September 2015, and the decision generated widespread reports in legal and popular press after it issued on January 28, 2016, including Judith Grubner’s thoughtful piece in last week’s ILN IP Insider looking at the implications of restricting authorship to humans in the age of artificial intelligence. 

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