Monthly Archives: August 2016

ILN Today Post

Lease extensions of flats – Traps for the unwary

When tenants first acquired the right to extend their flat leases under the Leasehold Reform, Housing and Urban Development Act 1993 (Act), there was a perception that this was not as attractive as the other right created by the Act, to collectively acquire the freehold title to the building in which the flats are situated.  However, lease extension claims are generally quicker, simpler and the right is more readily available than the right to collectively enfranchise.

So, lease extensions are an important right but it is a technical area, fraught with traps for the unwary.

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OSHA Fines Home Health Care Provider for Failing to Protect Employee from Workplace Assault

Denise Dadika

In a matter highlighting the importance of workplace violence prevention programs, Epic Health Services, a national home health care provider, was recently issued a citation and fine by the Occupational Safety and Health Administration (“OSHA”) for failing to protect its employees from the dangers of workplace violence. The fine and citation stemmed from a complaint by one of Epic’s nurses, who alleged she was sexually assaulted by a client while providing services in the client’s home.

After an investigation, OSHA determined that the nurse was subjected to physical and sexual assault. The investigation also revealed that Epic had received numerous reports of verbal, physical and sexual assaults on employees, as well as a report of an employee forced to work in a house in which to domestic violence occurred.  In addition, OSHA concluded that the employer had no system for reporting threats or incidents of violence in the workplace.  For these reasons, OSHA cited the employer for one willful violation for failing to maintain a safe workplace under OSHA’s General Duty Clause.  A willful violation is defined by OSHA as a violation in which the employer either knowingly failed to comply with the legal requirement, purposefully disregarded the requirement or acted with indifference to employee safety.  OSHA also cited the employer for a records violation.  The citations amounted to a $98,000 fine.

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ILN Today Post

USCIS Stakeholders Meeting Report – July 2016

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

This is a follow-up to the USCIS Stakeholder Engagement held in Miami, Florida on July 28.

In attendance from USCIS were the following personnel:

  • Nicholas Colucci, Director
  • Jan Lyons, Economist
  • Lori McKenzie, Deputy
  • Julia Hanson, IPO Deputy
  • Danielle Scott, Chief Intergovernmental Affairs
  • Eddie Pearson, Division Chief
  • David Leckenby, Division Chief
  • Steve Koch, Deputy Director of Miami District Office
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ILN Today Post

Liberalization of deferred payments under FEMA

  1. Introduction 

1.1.          Deferment of payments in share purchase transactions between non-resident buyers and resident sellers till recently required prior approval of the Reserve Bank of India (“RBI”) under Regulation 10 of the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000 (“FEMA Transfer Regulations”).

1.2.          Further, authorized dealer banks in India were allowed to open escrow accounts towards payment of share purchase consideration (subject to various terms and conditions specified by RBI), but the escrow account could only be operational for a limited period of 6 months.1 In all other cases of opening/maintaining of escrow accounts for FDI related transactions, prior approval from the RBI was necessary.

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