Monthly Archives: August 2016

ILN Today Post

Four Stradling Attorneys Named to 2017 Best Lawyers List

Best Lawyers
August 2016

Stradling Yocca Carlson & Rauth, P.C. is pleased to announce that four lawyers have been named to the 2017 Edition of The Best Lawyers in America, the oldest and most respected peer-review publication in the legal profession.

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries.

Read More

Read full article

Does the NLRB’s New Joint-Employer Standard Mean That a Corporate Social Responsibility Policy Can Turn a Customer into a Joint Employer?

In August 2015, the National Labor Relations Board (“Board”) issued its decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015), adopting a new standard for determining whether a company is a joint employer and therefore subject to all of an employer’s legal obligations under the NLRA with respect to the employees of another employer that provides it with services, leased or temporary labor, or the like. Since then, there have been many dire predictions as to how this new test would result in finding businesses to be joint employers of the employees of those they do business with, whether suppliers of temporary labor, franchisees, or a wide range of other circumstances. The latest permutation involves claims that a business that maintains a corporate social responsibility (“CSR”) policy intended to ensure that its suppliers and business affiliates comply with applicable laws and treat their employees fairly is, by virtue of such a policy, a joint employer of the supplier’s employees.

Read full article

New York City Mandates “Labor Peace” Agreements – Employment Law This Week®

Featured on Employment Law This Week® – New York City is trying to force certain employers to sign “labor peace” agreements with unions.

Mayor Bill de Blasio has signed an executive order mandating that a property developer receiving at least $1 million in “Financial Assistance” require its large retail and food service tenants to accept “Labor Peace Agreements.” These agreements would prohibit the companies from opposing union organization and provide what some consider to be affirmative support and assistance to unions. City Development Projects that were authorized or received “Financial Assistance” before July 14, 2016, are exempt from this order.

Read full article

Supporting Limerick Civic Trust

Donal Creaton, Partner, is assisting Limerick Civic Trust having been appointed as an executive of Limerick Civic Trust in March this year. The term will last for a minimum of one year. Limerick Civic Trust is a self-funding charity, which initiates and undertakes a programme of projects for the general improvements of Limerick’s environment in conjunction with local authorities, state agencies and other interested parties. It is an independent non-profit making voluntary society and is registered as a charity.

Read full article

New FDA Draft Guidance Shows Limited Compromise with Brand and Generic Drug Manufacturers

The Food and Drug Administration (FDA) issued a draft guidance (Draft Guidance) on July 11, 2016 that allows some generic drug manufacturers holding an Abbreviated New Drug Application (ANDA) to update the label of the drug they manufacture with new safety information.  The Draft Guidance provides new clarifications and recommendations to generic drug manufacturers seeking to update a generic label after withdrawal by the name brand manufacturer of the reference listed drug (RLD) (a “Withdrawn RLD”).  The Draft Guidance explains how a generic manufacturer may submit an updated label of a generic drug to the FDA for approval after withdrawal of the RLD.  The FDA must approve the proposed new label before the new generic label may be issued.  The Draft Guidance also reminds applicants that the FDA continues to retain the authority to request the ANDA-holder with a Withdrawn RLD to update the label of the drug under its ANDA for safety reasons.

Read full article
ILN Today Post

Landowners are Also Consumers Qua the Builders: Supreme Court

  1. Introduction

The Supreme Court of India (“Supreme Court”) has recently laid down in Bunga Daniel Babu v. M/s Sri Vasudeva Constructions[1] (Casethat a land owner (“Appellant”) who entered into a Memorandum of Understanding (“MoU”) with a builder (“Respondent”) for development of his land by construction of a multi-story building, will be deemed to be a consumer within the definition of Section 2(1)(d) of the Consumer Protection Act, 1986 (“CPA”) despite the rider inserted by the amendment in 2002 thereto whereby the definition of consumer was amended to exclude from its purview any person who avails services for any commercial purpose. 

Read full article
ILN Today Post

Streamlining the process: Exemptions to payment and adjudication legislation

Process plant contracts have historically been exempt to the Housing Grants, Construction and Regeneration Act 1996 – but the justification for this looks increasingly flimsy as time has gone on.

The construction industry is used by now to the payment and adjudication regime introduced by the Housing Grants, Construction and Regeneration Act 1996.

However, there is one particular type of construction contract to which it does not apply.

Read More

Read full article
ILN Today Post

Fladgate partners included in recently published Citywealth Leaders List 2016

Fladgate is delighted that the following partners and consultants have been included in the recently published Citywealth Leaders List 2016, a guide to advisers within the private wealth management sector.

Matthew Bennett
Honours List

Teresa Cullen
Family & Matrimonial – Prominent Figure

Simon Ekins
Contentious Trusts – Prominent Figure

Read More

Read full article
ILN Today Post

News on foreign trusts in New Zealand

On 8 August 2016 the Taxation (Business Tax, Exchange of Information and Remedial Matters) Bill was introduced into Parliament. It introduces a number of business friendly changes with regard to provisional tax payments. It also strengthens the disclosure requirements for foreign trusts following the Shewan Inquiry.

The principal changes relating to foreign trusts are:

  • an expansion of the level of disclosure to be made to the Inland Revenue Department. The current rules require the name of the New Zealand trustee only. The new disclosure regime will require the name, email address, foreign residential address, country of tax residents, tax identification number of the settlors, trustees, protector beneficiaries and any other person who exercises effective control over the assets of the trust;

 

Read More

Read full article
ILN Today Post

Amendments to the Residential Tenancies Act

There have been recent amendments to the Residential Tenancy Act 1986 (“the Act”) which are intended to improve rental property standards and tenancy services and are now in force. The Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 set out the changes in further detail.

Read More

 

Read full article