Monthly Archives: August 2016

Week of August 15, 2016 on ILNToday – A Roundup!

roundupWe’re at the end of a busy week here at the ILN, and our lawyers have been no less busy producing some valuable and thought-provoking content for you. Check out our latest roundup from around the Network: 

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  1. Introduction:
    • The Lokpal and Lokayuktas Act, 2013 (“Act”) was enacted essentially to provide for the establishment of Lokpal for the Union and Lokayuktas for states, to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto.
    • The Act also requires ‘public servants’ (which includes government employee and office bearers/management of not for profit entities receiving government finance/foreign donations to make certain disclosures of their assets and liabilities as well as that of their spouse and dependent children.
    • The past few months saw the Government receiving numerous representations from various stakeholders raising concerns over the challenges being faced by not for profit entities with respect to the requirement of disclosure of assets and liabilities of officers as well as their spouse/dependent children under the Act.
    • Consequently, the Government amended the Act to substitute the erstwhile provision Section 44 (which had laid down various compliances relating to disclosures of assets/liabilities) to merely specifying that the form and manner of disclosure would be as prescribed by the Government. The deadline for the disclosures was also deferred to December 31,2016.
    • Our discussion below aims at bringing out the various nuances of this much debated requirement of disclosure of assets and liabilities in light of the recent amendments brought in, and the implications thereof particularly on the not-for-profit entities being covered under the Act.
  2. Applicability to NGOs:
    • The erstwhile Section 44 of the Act required a ‘public servant’ to furnish information/declaration/annual returns of assets and liabilities of himself and of his spouse and dependent children in the manner and format prescribed under the Act (and rules notified thereunder). ‘Public servants’ are defined under the Act to inter alia include any person who is or has been a:
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48 Lewis Rice Attorneys Named in Best Lawyers in the America® for 2017

Lewis Rice is pleased to announce that 48 of our attorneys have been named to the 2017 Best Lawyers in America® annual list. We would also like to congratulate Thomas C. Erb, Benjamin A. Lipman, Joseph E. Martineau, Andrew Rothschild, and John C. Hickey on being honored as Best Lawyers’ “Lawyers of the Year” for 2017.

Click here to read about the “Lawyers of the Year.”

Best Lawyers in America® compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which more than 36,000 of the nation’s leading lawyers evaluate their professional peers. More…

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SEC Finds Certain Separation Agreement Provisions Unlawful Under Dodd-Frank Whistleblower Rule

Twice in the past two weeks, the Securities and Exchange Commission (“SEC” or “Commission”) issued a cease-and-desist order settling proceedings against companies for using confidentiality and waiver of claims provisions in employee separation or severance agreements that violate an SEC rule promulgated after passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). The rule in question is designed to encourage and allow whistleblowers to freely disclose information to the SEC without impediments and ensure that they are (and remain) entitled to collect monetary incentive awards if the Commission determines that they are eligible for such awards. In both cases, the companies were required, as part of the settlement of claims without admission of liability, to take affirmative remedial actions and pay fines of hundreds of thousands of dollars as the result of fairly typical language in their separation agreements. In addition, the SEC has signaled that not only will it take action in response to separation agreements that may limit an employee’s ability to communicate with the SEC, but also it will oppose attempts by employers to limit an employee’s right to receive whistleblower incentive awards.

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Royal Oak, Michigan, August 18, 2016:  Howard & Howard Attorneys PLLC is pleased to announce that twenty-two of our attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2017. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey. Over 52,000 leading attorneys cast more than 5.5 million votes on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” More…

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Intellectual Property Court clarified the burden of proof in IP recourse dispute

In mid-July Intellectual Property Court reviewed the case No. A41-57417/2014, under the auspices of which the seller of counterfeit goods had claimed damages from the manufacturer of these goods.

The right to claim damages is expressly established in art. 1250 (4) of Russian Civil Code (as amended on October 1, 2014). This provision stipulates that a person or company is entitled to submit a recourse claim if they were obliged to pay compensation for the committed intellectual property infringement in absence of its fault or guilt.

Under the merits of the case, the claimant (Techelectromontazh) was the seller of counterfeit goods manufactured by the respondent (Dekanter).

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USDOL Issues New FLSA and EPPA Posters

E. Jason Tremblay

E. Jason Tremblay

The U.S. Department of Labor (DOL) recently issued slightly revised workplace posters under the Fair Labor Standards Act (FLSA) and the Employee Polygraph Protection Act (EPPA). The new EPPA poster includes updated information regarding civil penalties to employers for violating the Act. The new FLSA poster includes new information regarding worker classification issues, lactation breaks and civil penalties.

All employers governed by these two Acts must immediately post copies of each poster in a conspicuous place in each of their work locations. Luckily, both posters are available online from the DOL website. Therefore, you can simply print off the new copies of the posters and replace your existing two posters. Click to go to the FLSA and EPPA Web pages for a copy of the new posters.

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BC’s new Societies Act, effective November 28, 2016

Societies need flexibility when managing incorporation, membership and governance matters. In response to this need, the legislation governing societies is changing. All BC societies must comply with the new Societies Act, which comes into effect November 28, 2016. We are prepared to help societies with their transition. To learn more, visit our Societies Act page.

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Trust as Currency in the Digital Age

I had the great pleasure of moderating a panel at AdWeek Europe on the issue of trust earlier this year. The session was titled “Trust: Digital’s New Currency,” and there was broad agreement on the panel—which included among others the CEO of Clear Channel UK, the European Editor of Newsweek, and Phil Stokes, partner, Entertainment & Media Industry, PwC EMEA—that in today’s environment, trust is a valuable currency indeed.

It always has been. Before consumers act on an advertising or marketing message, after all, they need to trust it. In the digital age, however, it seems that consumer trust is under threat from more sources than ever before. If consumers aren’t knowledgeable and wary of digital scams, they can soon … Continue Reading

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Changes to Taxation of Settlement Payments

The government has published draft legislation which will make changes to how settlement payments are taxed. These changes are not intended to come into force until April 2018 and will have an effect on what parties may be willing to offer or accept when entering into a settlement agreement.

At present, non-contractual payments received by way of compensation for loss of employment are subject to income tax, although the first £30,000 of such payments is tax free. There are some complications in the rules, such as exceptions for certain types of payment, and a distinction regarding payments which amount to earnings rather than compensation for termination of employment. The changes to be introduced are intended to simplify the taxation of settlement payments.

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