Monthly Archives: September 2016

ILN Today Post

OhioL Home rule authority can’t save Avon’s new lodging tax

In October of 2014, the city of Avon, Ohio passed Ordinance 113-14, which intended to create a convention and visitors’ bureau, and designate it the recipient of a new 3 percent excise tax on hotel accommodations. The law cited provisions of the Ohio Revised Code that permit municipalities, townships, and counties to enact a permissive excise tax on lodging of up to 3 percent. The Code limited the time in which this could be done, providing that a county could enact a lodging tax after July 1, 1980, only if no municipality or township that is wholly or partially located within that county had yet enacted its own lodging tax.
On April 29, 1983, Lorain County enacted a 3 percent lodging tax, which was possible because at that time, no municipality or township within it had yet adopted its own lodging tax.
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ILN Today Post

8 states receive federal grants to test new ways of funding transportation infrastructure

In a late August press release, the United States Department of Transportation’s Federal Highway Administration (FHA) announced that it had awarded eight states with a total of $14.2 million in grants to explore alternative revenue mechanisms to help sustain the long-term solvency of the Highway Trust Fund.
The new program, known as The Surface Transportation System Funding Alternatives, or STSFA, will pay for projects, mostly in the west, to test the design, implementation and acceptance of user-based alternative revenue mechanisms. Some states have already begun testing similar mechanisms; Oregon’s OreGo is one, in which motorists pay a tax on the miles they drive, not the gas they purchase. We described that and other states’ initiatives in July, noting that several east coast states along the I-95 Corridor had applied for federal grant money to experiment with their own pay-for-miles-driven programs.
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ILN Today Post

New Jersey: Gov. Christie terminates reciprocal agreement with Pennsylvania

Barely a month ago, we described the PA/NJ Reciprocal Income Tax Agreement (Agreement), pursuant to which employers in Pennsylvania and New Jersey were excused from withholding income tax from employees who live in one state but work in the other. In February, Gov. Christie ordered the state’s Treasurer and Acting Attorney General to determine what it would take to withdraw from the Agreement, and now has actually done so.
It is no secret that the Garden State has fallen on hard times and needs the revenue, despite already collecting a significant amount of tax revenue. For instance, its property taxes are among the highest in the country, it levies both an inheritance tax and an estate tax, and it maintains some of the worst-structured individual income taxes in the country, all reasons that the Tax Foundation gave for ranking New Jersey dead last in its 2016 State Business Tax Climate Index.
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ILN Today Post

‘I Agreed to What?’ – Federal Court Decision May Increase Scrutiny of Online Terms and Conditions

Can a consumer be bound by an arbitration agreement contained in online terms and conditions by merely signing in to an Internet-connected service? In a recent opinion that should strike a note of caution among businesses, a federal judge in New York held such an arbitration agreement unenforceable. This decision should serve as a reminder to businesses operating online to ensure that consumers are given clear, conspicuous notice of online terms and conditions, an opportunity – and encouragement – to review those terms, and, where possible, a manner of actively assenting to the terms.

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ILN Today Post

Howard & Howard expands Chicago office; welcomes four new attorneys

Royal Oak, Michigan, September 15, 2016: Howard & Howard Attorneys PLLC is pleased to announce that Michael F. Braun, James L. Komie, Michael D. Lee, and Laurie A. Perez have joined the firm. They will practice out of the firm’s Chicago Office.
Michael F. Braun concentrates his practice in labor & employment, civil litigation, and financial services. He is a seasoned litigator both in court and in arbitrations providing litigation and counseling in the areas of employment, restrictive covenants and trade secrets, and business disputes.
James L. Komie concentrates his practice in civil litigation and counseling matters, with an emphasis on employment and trade secret/non-compete issues. He has significant experience representing financial services firms and their employees; advising companies in employee defection and general employment matters; representing clients before FINRA arbitration panels; general federal and state court litigation; employment and separation agreements; and probate and trust litigation.
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Lidings announces new firm appointments

Lidings law firm proudly announces the appointment of Partner Andrey Zelenin to the position of the firm’s Managing Partner, and partner Sergey Kislov to the position of the Head of the Moscow office’s Dispute Resolution practice.

The changes to the firm’s structure occurred in the wake of the recently-announced creation by Lidings Managing Partner Sergey Aksenov of an investment fund and the expansion of his business interests.

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Appeals Court Divided On Bad Faith Under Illinois Trade Secrets Act

In a question of first impression, the Illinois Appellate Court recently addressed what constitutes “bad faith” for purposes of awarding attorneys’ fees to the prevailing party under §5 of the Illinois Trade Secret Act (ITSA). That section provides, in pertinent part, that if “a claim of [trade secret] misappropriation is made in bad faith” or “a motion to terminate an injunction is made or resisted in bad faith,” “the court may award reasonable attorney’s fees to the prevailing party.” The Illinois Appellate Court delivered a split decision on the legal standards for assessing whether a “bad faith” fee award is warranted under the statute.

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Non-Solicit Violation: $4.5 Million Punitive Damage Award Upheld

Our colleague Peter L. Altieri, a Member of the Firm at Epstein Becker Green, has a post on the Trade Secrets & Noncompete Blog that will be of interest to many of our readers in the financial services industry: “Non-Solicit Violation: $4.5 Million Punitive Damage Award Upheld.”

Following is an excerpt:

Rarely do we see punitive damages being awarded in cases involving the movement of employees and information between firms. The Superior Court of Pennsylvania last week affirmed a punitive damage award granted by a Judge of the Court of Common Pleas in such a matter, albeit which also found tort liability against the new employer and the five former employees.

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Time Is Running Out for Employers to Make Important Decisions to Comply with New DOL Overtime Exemption Rule

Time Is Running Out for Employers to Make Important Decisions to Comply with New DOL Overtime Exemption RuleIn May, the Department of Labor (“DOL”) announced its final rule to increase the minimum salary for white collar exemptions.  With little more than two months to go before that new rule takes effect on December 1, 2016, employers still have time to decide how to address those otherwise exempt employees whose current salaries would not satisfy the new rule by either increasing their salaries or converting them to non-exempt status.

But some of those decisions may not be easy ones.  And they may create some unexpected challenges, both financially and operationally.

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ILN Firm of the Month – Jalsovszky Law Firm, Budapest, Hungary!

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September/October 2016

The ILN is proud to announce our latest firm of the month, Jalsovszky Law Firm, Budapest, Hungary!

Jalsovszky Law Firm is a leading independent commercial law firm providing premium quality legal services to an international corporate clientele. The firm has unrivalled expertise in tax law and M&A practice and has a solid and strong banking & finance, property law and competition law practice.
The clients of the firm include multinational enterprises, leading local companies from different industries as well as fast-growing medium-sized entities. We are proud to provide advice to various private and venture capital funds as well as to high net worth individuals.
Jalsovszky is  a young, but experienced and innovative team of lawyers, combining international standards of ethics with practical local experience, with a clear focus on identifying potential issues and providing real-world solutions. The firm is run by three partners, all of them having extensive experience in their field of activity. In addition to their legal skills, each partner has a profound economic background and they are able to interpret legal complexities in a practical manner.

 

Ambassadors at Jalsovszky and More…

Full descriptions of Jalsovszky’s services, expertise, and lawyer profiles are available on their ILN profile.

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Pál Jalsovszky
Email:
Telephone: + 36 1 889 2800
Practice Groups: Managing Partner
ILN Specialty Groups: Corporate, Tax Law

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Ágnes Bejó
Email:
Telephone: + 36 1 889 2800
Practice Groups: Corporate, M&A
ILN Specialty Groups: Corporate, Estate Planning, Intellectual Property, Labor & Employment, Mergers & Acquisitions

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Gábor Pázsitka
Email:
Telephone: + 36 1 889 2800
Practice Groups: Banking & Finance

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István Csővári
Email:
Telephone: + 36 1 889 2800
Practice Groups: Tax
ILN Specialty Groups: Tax Law

ILN Executive Director, Alan Griffiths says…
“We’re thrilled that Jalsovszky is hosting our 2016 ILN European Regional Conference and look forward to being warmly welcomed in their beautiful city.”
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