Monthly Archives: October 2016

Employer’s Waiver Of Non-Compete Period In Order To Avoid $1 Million Payment Held Ineffective

In Reed v. Getco, LLC, the Illinois Court of Appeals was recently faced with an interesting situation: under a contractual non-compete agreement, the employer was obligated to pay the employee $1 million during a six month, post-employment non-competition period.  This was, in effect, a form of paid “garden leave” —  where the employee was to be paid $1 million to sit out for six months – perhaps to finally correct his golf slice or even learn the fine art of surfing.  It was a win-win situation that seemingly would be blessed by most courts; it was for a reasonable length of time, and the employee was set to be paid very handsomely for sitting out.  Accordingly, it is doubtful that most judges would have had an issue with it.

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Talking Tax – Issue 52

Legislation and Government policy

New remedial power of the Commissioner of Taxation

On 14 September 2016, a new discretionary remedial power available to the Commissioner of Taxation (Commissioner) was introduced by the Tax and Superannuation Laws Amendment (2016 Measures No 2) Bill 2016 (Cth). The remedial power allows the Commissioner to provide for a more timely resolution of certain unforeseen or unintended outcomes arising from taxation and superannuation laws.

Currently it can take up to two years to resolve an unintended outcome of the operation of the law, and as such, the Commissioner will be able to make legislative instruments that modify the operation of taxation laws, thus reducing the time it takes to give effect to minor legislative corrections.

The power is intended to be a power of last resort, and is only to be used where a purposive interpretation of the law could not adequately resolve the issue.

The power can only be exercised where:

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BC Franchises Act and Regulations

On October 3, 2016, the Franchises Act and related regulations were approved by the BC provincial cabinet. The act and regulations are effective February 1, 2017, at which time all franchise parties must comply with the new requirements.

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NLRB GC Moves to Permit Disruptive One Day Strikes

In the waning days of the Obama Administration, the President’s appointed General Counsel to the NLRB took official action this week to permit questionable and disruptive strike activity, including one day strikes that are frequently used by aggressive unions against hospitals and other employers.  Specifically, the GC’s Office issued an Operations-Management Memorandum acknowledging unions and employees “are more frequently engaging in short-term strikes” and seeking to “clarify and modify the law regarding intermittent and partial strikes” to address concern employees face “potential discipline for activities that should be considered protected under Section 7 of the Act.”

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Massachusetts Department of Public Utilities Announces New Rules for Customer Assignments

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Long term UK resident non-doms set to lose remittance basis of taxation

Anyone who does not regard England as their permanent home (non-dom) but who has been resident in the UK for at least 15 out of the past 20 income tax years will wake up to a very different UK tax regime on 6 April 2017, according to a further consultation issued by the Government on 19 August.<span style="mso-spacerun:
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ILN Today Post

HOWARD & HOWARD EXPANDS LAS VEGAS OFFICE (TUESDAY, OCTOBER 4, 2016)

Royal Oak, Michigan, October 4, 2016: Howard & Howard Attorneys PLLC is pleased to announce that Kaela J. Joyner has joined the firm. She will practice out of the firm’s Las Vegas, Nevada office.
Ms. Joyner concentrates her practice in intellectual property with a focus on trademarks. She has experience conducting trademark clearance searches, analyzing the existing use of desired marks, evaluating trademark and infringement dilution concerns, and rendering opinions regarding registrability. She is also skilled at identifying copyright, trade dress, and design patent opportunities.

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Insurers Take Note: Special Costs Awarded for Coverage Denial Despite No Reprehensible Conduct

by Raman Johal

For the first time in BC, a Court has decided that an insured is entitled to special costs, rather than the lower tariff costs, solely because they were successful in a coverage action against their insurer.

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Russian Supreme Court clarified burden of proof in disputes on IP infringements on the Internet

Russian Supreme Court clarified burden of proof in disputes on IP infringements on the Internet

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Chambers Canada: RSS lawyers get noticed

October 4, 2016 — The 2017 edition of Chambers Canada reflects the competence of RSS lawyers, since no less than five of ours are listed:

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