Monthly Archives: January 2017

New Administration’s Request For Additional Time To Address Injunction Of New Overtime Rule May Signal An Intent To Abandon The Rule

As we previously discussed here, acting on behalf of the Department of Labor (“DOL”), the U.S. Department of Justice (“DOJ”) urged the Fifth Circuit Court of Appeals to expedite briefing on its interlocutory appeal of a Texas district court’s nationwide preliminary injunction barring implementation and enforcement of the new overtime rule that would double the minimum salary threshold for white-collar exemptions, among other things. The injunction was issued just days before the rule was to go into effect on December 1, 2016.

The DOJ obtained a fast-tracked briefing schedule from the Court of Appeals that would set up the appeal for oral argument and adjudication by January 31, 2017. Now, the DOJ has requested – and obtained – additional time to review and brief the issue that it had sought to fast-track.

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EB-5 2017 – Where Are We Now?

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

Following the December 9, 2016 extension of the EB-5 Regional Center Program until April 28, 2017, there have been additional developments from an administrative, legislative and practical standpoint. Needless to say, the Program remains in limbo as to where it will end up and at what point in time legislation will be passed, especially considering the advent of a new administration and Congress. There could be final legislation current as of the April 28, 2017 deadline. That being said, given the change in administration and the political lobbying, related to the Program, that is taking place in Congress, there is no clear time limit as to when legislation will be finalized. What is apparent is that the situation is extremely complicated, with many political interests being represented that have yet to come to the table and resolve outstanding issues.

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Trade Secret Preemption: A Possible Defense To A Trade Secrets Claim?

Two recent decisions by the Fifth Circuit Court of Appeals clarify the intersection between federal copyright law and state trade secret shapiro law. In GlobeRanger Corp. v. Software AG United States of America, Inc., 836 F.3d 477 (5th Cir. Sep. 7, 2016), the Fifth Circuit rejected an appeal in which the defendant argued that a plaintiff’s trade secret misappropriation claim was preempted by federal copyright law. Just four months later, in Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084, 2017 U.S. App. LEXIS 509 (5th Cir. Jan. 11, 2017), the Fifth Circuit upheld a district court’s dismissal of a plaintiff’s state law claim of unfair competition by misappropriation, holding that the state law claim was preempted by federal copyright law.   What accounts for these seemingly inconsistent conclusions over two strikingly similar state law claims? The difference lies in the elements needed to establish each state law claim.

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First and Second year Student Camaraderie

One of my most cherished memories from my summer at RSS was the strong relationship I was able to develop with my officemate and second year summer student Médgine Gourdet.  RSS’s policy of providing a separate office for each pair of first and second year students fosters a mentor like environment that was both fun and comforting.

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It’s nothing personal… Federal Court finds that ‘personal information’ must be information ‘about an individual’

On 19 January 2017, the Full Court of the Federal Court of Australia handed down its much anticipated decision in relation to whether certain types of network data stored by Telstra Corporation Limited (Telstra) was ‘personal information’ for the purposes of the Privacy Act 1988 (Cth) (Privacy Act).

Notably, the Federal Court was not asked to consider whether the network data was ‘personal information’1.

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NSW planning control: a prohibition or a development standard?

The recent case of Principal Healthcare Finance Pty Ltd v Council of the City of Ryde [2016] NSWLEC 153 considers the recurring question of whether a specific planning control is prohibition or a development standard. While the law is relatively settled in this area, this case highlights that issues still continue to arise when applying the relevant principles.

This matter involved an appeal of a decision of the Sydney East Region Joint Regional Planning Panel to refuse a development application prepared on behalf of Principal Healthcare Finance Pty Ltd (Applicant). The development application sought approval to demolish an existing nursing home facility with 72 beds and construct a new ‘high care’ residential aged care facility with 141 beds in West Ryde.

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Une anglophone de bonne foi : tips on how to survive and strive as an anglophone in a French university

My first semester at Université de Montréal was to say the least an adjustment. Coming straight from Cegep I had never studied in French before, and here I was beginning law school in my second language. At the time, it was hard to truly describe where I fit in amongst my primarily francophone classmates, until one of my professors (in response to my apology about a French mistake that I had made while asking a question), endearingly called me an «anglophone de bonne foi». Sure, French was not my first language; sure, my French was not perfect-but I was trying.

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Race Discrimination Update: Risks for businesses failing to deal with racist abuse in the workplace

Workplace culture, banter between colleagues and ‘jocular repartee’ may blur the lines of what is acceptable workplace behaviour and what is offensive behaviour that breaches anti-discrimination legislation. Recent decisions highlight the importance of employers taking action when complaints from employees are received and the need for effective communication of anti-discrimination policies.

In Murugesu v Australian Postal Corporation & Anor1, a truck driver employed by Australia Post succeeded in his race discrimination claim in relation to racist insults directed at him in the course of his employment.

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ILN Today Post

Stradling Welcomes Former Head of Dorsey’s Southern California Corporate Group

(Newport Beach, CA) – Stradling Yocca Carlson & Rauth LLP announced today the addition of Parker Schweich as a shareholder in its Newport Beach office and a member of the firm’s Corporate and Securities practice group. He was previously a partner in Dorsey & Whitney’s Orange County office and head of its Southern California Corporate practice group.

“I have known Parker for more than 10 years and consider him to be an accomplished corporate attorney and a good friend,” says Mark L. Skaist, Shareholder and Co-Chair of Stradling’s Corporate and Securities practice group and a member of the firm’s Executive Committee. “We will benefit from his years of experience helping public and private companies achieve their business goals.”

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President Trump Appoints Philip A. Miscimarra Acting Chair of National Labor Relations Board – The Beginning of the End of the “Obama Board”

By appointing Philip Miscimarra, who has served as a Member of the National Labor Relations Board (“NLRB” or “Board”) since August 2013, to serve as Acting Chair of the agency, President Donald Trump has taken the first step in what will undoubtedly be an ongoing process to change the of the National Labor Relations Board. Chairman Miscimarra is the only Republican currently serving on the Board. Mark Gaston Pearce, who has served as chairman, a Democrat who has served as chairman since 2011 and as a Board Member since 2010, will continue to serve under his appointment which expires in August 2018.

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