Monthly Archives: October 2016

Builder’s risk insurance: the Supreme Court sheds some light on the exclusion of coverage

By Justin Beeby, from our Insurance Law Practice Group.

October 13, 2016 — If you are involved in drafting or interpreting insurance policies, you should be interested in the following.

The Supreme Court of Canada, in Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co., recently ruled on two key points:

  • the appropriate standard of review for standard form contracts; and
  • the interpretation of the faulty workmanship exclusion contained in a builder’s risk insurance policy.

Click here to read a summary of this decision.

Read full article

Absolut Transformation: How Agencies Are Transforming to Serve a New Generation of Clients

Earlier this year, I had a revealing conversation with three transformers. I’m not talking about characters from a summer blockbuster, but instead senior marketing executives from three iconic brands: Absolut, GE, and Google

The subject of our discussion was the ways in which advertising agencies need to transform to serve a new generation of clients. (A subject they know well, since they are driving that transformation.) Today, we get to hear more from: Afdhel Aziz, Global Brand Director for Absolut.

Absolut, always a marketing pioneer, has created something innovative with the latest project that Afdhel is leading, Absolut Labs. Described as a “marketing innovation lab,” Absolut Labs put the brand at the heart of the nightlife scene, facilitating connections among … Continue Reading

Read full article

If At First it Doesn’t Succeed—FTC Will Try, Try Again to Oppose Hospital Mergers

Recently, the Federal Trade Commission (“FTC”) faced major losses in challenging hospital mergers.  However, it is clear that the FTC is not backing down, especially given its tendency to conclude that proposed efficiencies do not outweigh the chance of lessening competition.

In July of this year, the FTC abandoned a challenge to the proposed merger of St. Mary’s Medical Center and Cabell Huntington Hospital in West Virginia after state authorities had changed West Virginia law and approved the merger despite the FTC’s objections. This year as well, the FTC failed to enjoin the Penn State Hershey Medical Center and PinnacleHealth System (“Pennsylvania Hospital Merger”) and the Advocate Health Care and NorthShore University Health System (“Illinois Hospital Merger”) under a relevant geographic market theory in the federal district courts.  However, the FTC promptly appealed to the United States Courts of Appeals for the Third and Seventh Circuits, respectively.

Read full article

Seventh Circuit Vacates Panel Determination That Title VII Does Not Prohibit Sexual Orientation Discrimination and Grants Rehearing En Banc

On October 11, 2016, the United States Court of Appeals for the Seventh Circuit vacated the July 28, 2016 decision of a Seventh Circuit panel holding that sexual orientation discrimination is not sex discrimination under Title VII (discussed in our August 2, 2016 article) and granted rehearing en banc.  En banc oral argument is scheduled for November 30, 2016.

 

 

 

Read full article

Rainmaking Recommendation from Jaimie Field: Sorry Seems to Be the Hardest Word

Apologies for the lack of posting during what has been a rather hectic period of conferencing here at the ILN! I am finally back in the office, though rather jet-lagged, and so you will see more posts as I digest some of what we learned at both the Association of International Law Firm Networks (AILFN) conference last week, and our own ILN European Regional Conference in Budapest. I always enjoy seeing my lawyers get together.

In the meantime, take a look at this post from rainmaking expert and trainer, Jaimie Field, from last week, focusing on the importance of the apology (incidentally, I’m a big fan).

Read full article
ILN Today Post

Dej-Udom & Associates business and legal update for September 2016

ASEAN Economic Community News
New Connectivity Master Plan
The Association of Southeast Asian Nations (ASEAN) adopted the Master Plan on ASEAN Connectivity 2025 (MPAC 2025) in Vientiane earlier this month. Under the MPAC 2015, five strategic areas: sustainable infrastructure, digital innovation, seamless logistics, regulatory excellence, and people mobility have been targeted for increased development. To help ensure efficient implementation of the plan, ASEAN member states will need to concentrate on six core areas: strong focus and targets, clear governance and ownership, clear and aligned plans, presence of core skills, incentives, and finance, proactive stakeholder engagement, and robust performance management.

Read More

Read full article
ILN Today Post

Hard Brexit and UK Trade: A Bold Step?

The recent Conservative Party Conference in Birmingham has served to reinforce expectations of a “hard Brexit” when the UK seeks to negotiate withdrawal arrangements with the other EU Member States. The discussions are likely to be difficult and protracted, with no guarantee of a satisfactory outcome.

In view of that situation, Charles Proctor has been reviewing the options for the UK and has concluded that there may be a more radical solution. His proposal is outlined in the attached Briefing.

Read More

Read full article

Employer Blocked from Waiving Non-Compete to Avoid $1 Million Payment

Our colleague Peter A. Steinmeyer, 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: “Employer’s Waiver Of Non-Compete Period In Order To Avoid $1 Million Payment Held Ineffective.

Following is an excerpt:

Read full article

You Snooze, You Don’t Necessarily Lose

You Snooze, You Don’t Necessarily LoseDo retail employers really need to tolerate employees who sleep on the job??  The plaintiff in Beaton v. Metropolitan Transportation Authority New York City Transit, (S.D.N.Y. June 15, 2016), was an overnight Station Agent at a New York subway station who was terminated after he was found sleeping at his work station.  While he admitted that it appeared that he was sleeping, plaintiff denied that he was actually sleeping.  Rather, he informed his supervisor that he was drowsy due to the high dosage of anti-psychotic prescription medication that he took after he experienced severe schizophrenia symptoms at work that night.  Despite informing his employer of his disability, and presenting medical corroboration that his medication caused drowsiness, plaintiff’s employment was terminated.  Plaintiff initiated his lawsuit asserting that the termination of his employment was an act of disability discrimination in violation of the ADA and New York State Law.

Read full article

Cook County Approves Paid Sick Leave Ordinance

Kellie Y. Chen

Kellie Y. Chen

On October 5, the Cook County Board of Commissioners approved the Cook County Employer Paid Sick Leave Ordinance (the “Ordinance”) requiring employers to provide paid sick leave to their employees, to take effect on July 1, 2017. This Ordinance follows in the wake of the City of Chicago approving a similar paid sick leave ordinance in late June that is also to come into effect in July of 2017, as addressed in E. Jason Tremblay’s June 29 blog post, “Paid Sick Leave is Coming to Chicago.”

Paid Sick Leave Under the Ordinance

Read full article