Monthly Archives: May 2016

Fixing the Two Biggest Problems with Legal Writers

photo-1447069387593-a5de0862481eEvery time I want to learn something about content marketing, I look to Neil Patel, co-founder of Crazy Egg, Hello Bar, and KISSmetrics, and author for the Content Marketing Institute. In one of his latest posts, Patel addresses “How to Fix the 4 Biggest Problems with Content Writers.” Since it’s a Two for Tuesdays post, it actually works out well that I only want to focus on two of his four identified problems, and translate them over for the legal industry. 

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Ændringer i byggeloven

Folketinget har den 21. april 2016 vedtaget et lovforslag om ændring af byggeloven. Loven lemper bl.a. reglerne om byggeskadeforsikring, indfører en certificeringsordning i forbindelse med byggesagsbehandlingen og indfører en gebyrmulighed i byggesager.

Reglerne om byggeskadeforsikring bliver lempet i relation til udlejningsejendomme

Fremover undtages bygherren fra kravet om byggeskadeforsikring ved opførelse af udlejningsejendomme, og dermed bliver det frivilligt, om bygherren vil tegne en byggeskadeforsikring. Det er ejendommens tiltænkte anvendelse, der er afgørende for, om en ejendom er omfattet af undtagelsen.

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Ninth Circuit Approves Time-Rounding Practice – Employment Law This Week

One of the top stories featured on Employment Law This Week: The U.S. Court of Appeals for the Ninth Circuit reaffirms an employer’s time-rounding practice. A call-center employee in California recently brought a class action lawsuit against his employer for time-rounding practices. The employee claims that the policy caused him to be underpaid by a total of $15 over 13 months. Relying on a California Court of Appeals precedent, the Ninth Circuit found that the company’s facially neutral rounding policy—one that rounds time both up and down—is legal under California law. The employee also argued that he was denied payment for a total of one minute when he logged into call software before he clocked in. The Ninth Circuit found that the de minimis doctrine applied in this case, because identifying a single instance in order to provide payment would create an undue burden on the employer.

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Health Care Providers May Soon See a Twofold Increase in False Claims Act Penalties

In fiscal year 2015, the U.S. Department of Justice (“DOJ”) recovered more than $3.5 billion from False Claims Act (“FCA”) cases. A staggering $1.9 billion of that amount was recovered from health care providers who were alleged to have provided unnecessary care, paid kickbacks or overcharged federal health care programs.  While this amount may seem high, the drastic increases in FCA penalties expected this summer have the potential to skyrocket FCA recoveries in coming years. DOJ has not yet released the increased penalty amounts that would apply to FCA cases involving companies in the health care and life sciences industries, but penalty increases released this month by another agency, the U.S. Railroad Retirement Board (“Railroad Board),[1] seem to be a good indication of what providers can expect.

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NLRB May Make It Harder for Employees to Decertify Unions

Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the technology industry: “NLRB Looks to Make It Harder for Employees to Decertify Unions.”

Following is an excerpt:

National Labor Relations Board (NLRB) General Counsel Richard F. Griffin, Jr., has announced in a newly issued Memorandum Regional Directors in the agency’s offices across the country that he is seeking a change in law that would make it much more difficult for employees who no longer wish to be represented by a union to do so.  Under long standing case law, an employer has had the right to unilaterally withdraw recognition from a union when there is objective evidence that a majority of the employees in a bargaining unit no longer want the union to represent them. …

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ILN Firm of the Month – Davis, Malm & D’Agostine, Boston, Massachusetts!


May/June 2016

The ILN is proud to announce our latest firm of the month, Davis, Malm & D’Agostine, P.C. – Boston, Massachusetts!

Davis Malm is a premier full-service New England firm providing sophisticated, cost-effective legal representation to local, regional, national, and international public and private businesses, institutions, and individuals in a wide spectrum of business sectors and legal matters. Since its founding in 1979, lawyers at Davis Malm have practiced at the top level of the profession delivering successful results to clients through direct partner involvement, responsive client service, and practical and creative problem solving. 

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Trade Union Reforms Become Law

The Trade Union Bill, introduced by the UK Government in 2015, has received Royal Assent and is now the Trade Union Act.

The Bill was introduced after the Government announced a series of reforms last year that it said aimed to ensure strikes would only be able to go ahead as a result of a clear and positive democratic mandate from union members. Under the Trade Union Act, industrial action will only be able to take place when there has been a ballot turnout of at least 50%.

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Ultimate beneficiary is entitled to challenge GM resolutions

Оn March 31, 2016 the Judicial board on economic disputes of the Russian Supreme Court issued its high-profile Ruling in case No.A40-104595/20141. The said Ruling affirmed the right of an ultimate beneficiary to challenge the shareholders’ general meeting resolutions. Previously, this right was given only to the Company’s shareholders; other interested parties were not authorized to claim2.

In case No. A40-104595/2014 Mr. Moskalev M.V. demanded to invalidate the resolution of the extraordinary general meeting of JCS “Aspect Finance” sharehol

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Estop and Think Before Relying on Future Estate Interests

Proprietary estoppel is a legal doctrine that protects parties who detrimentally rely on assurances made by others about their property.  The doctrine is intended to prevent parties from profiting by misleading others.

While the former English interpretation of proprietary estoppel was stringent and specific, recent Canadian decisions have crafted more liberal criteria for applying the doctrine.  However, the recent decision of Cowper-Smith v Morgan, 2016 BCCA 200 [Cowper-Smith] might signal a return to a more-stringent application of proprietary estoppel.

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ILN Today Post

SAG-AFTRA Renegotiates Commercials Contract

The Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) Commercials Contract, which governs wages and benefits for talent appearing in commercial advertising productions, was renegotiated in early 2016, resulting in a new 2016 Memorandum of Agreement that was unanimously approved by SAG-AFTRA and, on May 9, 2016, ratified by SAG-AFTRA’s membership. The 2016 Memorandum of Agreement is effective retroactive to April 1, 2016 and will be operative for three years, through March 31, 2019.

Front and center in this year’s negotiations was a keen awareness by the Joint Policy Committee (JPC) (which negotiates on behalf of the advertising industry) of the concerns voiced by a multitude of signatory advertising agencies and advertisers that they cannot compete with their non-signatory counterparts from a talent cost standpoint. Of particular concern is the comparatively high talent cost tied to an increased demand for digital content, and, to a lesser extent, the use of real people in commercials. More…

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