Monthly Archives: February 2016

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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ILN Today Post

Compensation Awarded Following Cancer Misdiagnosis

A woman has been awarded £900,000 in compensation after an aggressive form of mouth cancer went undiagnosed for over a year, reports the Manchester Evening News.

Andrea McNicholas, who is 49-years-old, had been referred to hospital by her dentist in June 2010 after raising concerns over a small hole in her mouth that refused to heal. An MRI scan and biopsy were carried out, but the results were never disclosed and she was prescribed antibiotics.

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ILN Today Post

Lone Thorup har fået sin bestalling som advokat

Lone Thorup kan nu kalde sig advokat, idet hun den 19. februar 2016 fik sin advokatbestalling af Justitsministeriet. Forinden har hun under sin ansættelse hos DAHL Advokatfirma gennemgået den 3-årige advokatuddannelse.

Af Joan Møller Rusbjerg

Gennem de seneste 3 år har Lone Thorup specialiseret sig i konkurser og rekonstruktion, herunder særligt insolvensretlig rådgivning omkring forhold før, under og efter konkursens indtræden og forsøg på afværgelse af samme. Lone beskæftiger sig primært med landbrug og har der igennem opnået stor viden og indsigt i juridiske problemstillinger som miljø, pant, salg af fast ejendom og økonomi. Disse problemstillinger gør sig gældende, når man som juridisk rådgiver skal håndtere nødlidende landbrugsengagementer til gavn for både landmand og panthavere.

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ILN Today Post

Værd at vide om tvangsauktioner

Flere og flere udviser interesse for at købe huse på tvangsauktioner, enten med henblik på selv at bo i huset eller med henblik på at leje det ud.

Jeg er ofte involveret i tvangsauktioner og møder derfor tit interesserede købere, som har en række spørgsmål vedrørende det at købe hus på tvangsauktion. Mange af disse spørgsmål er de samme, hvilket har givet mig anledning til at fremhæve nogle typiske forhold.

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Stay Open & Enjoy the Moments: How High School Lessons Apply to Lawyers

LGHS

After eighteen years, tomorrow marks the first time I’m going back to high school.

Sure, I was in the gym for my sisters’ graduations, but other than that I haven’t actually been back in the building since the day I graduated and headed out into the world, a fresh-faced eighteen-year-old, excited for the next phase in my life. A friend of mine who is now a guidance counselor at the school asked me to sit on a panel of graduates to talk about my life since graduation, and how attending IHA (Immaculate Heart Academy) prepared me for college and the workforce.  We’re speaking to a group of sophomores who are in a special program because of their top scores on the high school entrance exams, and although we’ve each been given five minutes to cram our entire post-graduate lives into a snapshot, all I keep thinking about is “What do I really want to communicate to these girls?”

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Tax benefits for investors in Far Eastern federal district of Russia

On 1 January 2016 the Federal law dated 23 November 2015 No. 321-FZ “On amending articles 284 and 342 of the second part of the Tax Code of the Russian Federation” (hereinafter – the “Federal law No. 321-FZ”) became effective, setting additional tax benefits for participants of the Special economic zone in Magadan region.

Subject to the Federal law No. 321-FZ reduced tax rate (not more than 13,5 %) on corporate profits tax to be paid to the budget of Magadan region may be stipulated for organizations – residents of the Special economic zone in Magadan region. Tax rate on the tax to be paid to the federal budget shall be determined in the amount of 0 %.

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New Opportunities for Reimbursement of Legal Costs

New Opportunities for Reimbursement of Legal Costs

On 21 January 2016 the Plenum of the Supreme Court of Russia approved Resolution No. 1 “On Certain Aspects of the Application of Laws on the Reimbursement of Costs Connected with Case Hearing”1.

We offer you a review of the most important items deicided by the said document.

1. Which costs connected with hearing of a case may be reimbursed?

It is allowed to claim reimbursement for the costs both arising in the course of court proceedings and connected with preparation of a legal action (expenses for the legalization of documents and notarial actions, performance of pretrial surveys) (par.2).

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HIPAA $239K Fine – Don’t Leave PHI with Husband

An Administrative Law Judge for the U.S. Department of Health and Human Services, recently ruled that Lincare violated the HIPAA Privacy Rule, by failing to implement policies and procedures to safeguard protected health information (PHI) and failing to protect PHI from disclosure to unauthorized persons. For such violations, the Judge imposed $239,800 in civil monetary […]

The post HIPAA $239K Fine – Don’t Leave PHI with Husband appeared first on OMW Health Law. 

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Good and sufficient cause, serious reason, serious fault: different words, same idea

February 23, 2016 — Perhaps you have already been in the situation where the Commission des normes, de l’équité, de la santé et de la sécurité du travail [“CNESST”] files a complaint for dismissal without a good and sufficient cause1 under s. 124 of the Act respecting labour standards [“L.S.A.”] as well as a civil suit for dismissal without a serious reason, under art. 2014 of the Civil Code of Quebec, or without a serious fault, under s. 82.1 L.S.A.

What happens if the Tribunal administratif du travail2 rules that the employee was dismissed for a good and sufficient cause while a civil suit launched by the employee or the CNESST is still pending?

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EEOC Releases FY2015 Data – Employment Law This Week

The top story on Employment Law This Week is the EEOC’s release of fiscal year 2015 enforcement data.

Retaliation claims were once again the number one type of charge filed, up 5% from last year for a total of 44.5% of all charges. Race claims were second, making up 34.7% of claims. 30.2% of charges alleged disability discrimination, up 6% from last year. Ronald M. Green from Epstein Becker Green (EBG) gives more detail on what’s behind the numbers.

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