Monthly Archives: January 2017

ILN Today Post

Howard & Howard welcomes H. William Burdett, Jr.

Royal Oak, Michigan, January 12, 2017: Howard & Howard Attorneys PLLC is pleased to announce that H. William Burdett, Jr. has joined the firm. He will practice out of the firm’s Royal Oak office.

Mr. Burdett concentrates his practice in commercial, probate, and free speech litigation in Michigan and across the country. He has tailored his practice to meet the needs of his diverse clientele. Be it private arbitration in Detroit, New York, Washington, D.C., or Chicago, high-stakes emergency injunctive actions to protect confidential trade secrets, or precedent-setting appellate cases, Mr. Burdett understands the impact of a strong litigation strategy in obtaining the best business results for his clients.

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‘Toxic’ survivorship clauses: does your Will contain one?

 

Do you have a survivorship clause in your Will?  Chances are you do, if you leave assets to someone outright in your Will.  The mischief that these clauses are designed to avoid is this.  If A gives a gift to B in his Will and B dies the day after A, B’s estate will get the gift and it will be B’s Will that decides where A’s gift ends up.  However, in these circumstances, A may have wanted someone else to get the gift instead (A may not like B’s choice of heirs!).  Survivorship clauses are meant to solve this problem.  They also prevent the delay associated with the same money being administered through two separate estates and can reduce the total Inheritance Tax bill on both estates. 
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‘Toxic’ survivorship clauses: does your Will contain one?

 

Do you have a survivorship clause in your Will?  Chances are you do, if you leave assets to someone outright in your Will.  The mischief that these clauses are designed to avoid is this.  If A gives a gift to B in his Will and B dies the day after A, B’s estate will get the gift and it will be B’s Will that decides where A’s gift ends up.  However, in these circumstances, A may have wanted someone else to get the gift instead (A may not like B’s choice of heirs!).  Survivorship clauses are meant to solve this problem.  They also prevent the delay associated with the same money being administered through two separate estates and can reduce the total Inheritance Tax bill on both estates. 
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Despite Expedited Fifth Circuit Review, the District Court Case Challenging the DOL’s Proposed Overtime Regulations Will Proceed

The District Court for the Eastern District of Texas has denied the U.S. Department of Labor’s application to stay the case in which the district court enjoined the DOL’s new overtime regulations. The DOL had asked the court for a stay while the Fifth Circuit Court of Appeals considered an interlocutory appeal of the injunction. 

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OSHA Amends Its Rule Requiring Employers to Keep and Maintain Records of Recordable Injuries and Illnesses for Five Years

On December 19, 2016, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a final rule amending its record keeping regulations, located at 29 C.F.R. Part 1904. The Amendment clarifies that a covered employer has an on-going obligation to create and maintain accurate records of recordable work-place injuries and illnesses. It did so in response to the decision in AKM LLC v. Secretary of Labor, 675 F.3d 752 (D.C. Cir. 2012).

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ILN Today Post

Staples Settles Consumer Class Action Over Deceptive Rewards Program Practices

Staples has agreed to pay $2 million to end a class action filed in California federal court alleging that the company engaged in deceptive rewards program practices.

In particular, the class action alleged that Staples misled consumers with respect to how (and how many) rewards points will be accrued when consumers apply coupons to their transactions. The high value settlement for the retailer illustrates the importance of having clear and transparent terms and conditions in place for rewards programs, and the need to align actual rewards redemption practices with both the terms as well as general advertising for the program.

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PLEADING PATENT INFRINGEMENT IN THE UNITED STATES?

Serious SecretaryHow do you plead patent infringement in the United States?  Can you survive a motion to dismiss if the defendant challenges the sufficiency of your complaint?  What should you do?

Let’s say your client has a United States patent that is believed to be infringed by another party.  You do not rely on the client solely for facts, but conduct your own investigation to meet a pre-filing due diligence.  You review the patent, prior art, and file history for claim construction.  You also review the accused infringing device both independently and with your client.  You prepare claim charts for all claims of the patent and apply elements of the claims to the accused infringing device in the claim chart.  You may even obtain an opinion of counsel that is reasonable, comprehensive, and competent such that a reasonable litigant could believe that an infringement claim could succeed based on the opinion.  This pre-filing due diligence will usually meet your obligation under Rule 11 of the Federal Rules of Civil Procedure.

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Case update: Thorn v Kelly [2016] NSWSC 1748 (9 December 2016)

Mr Ross Monteleone suffered injuries in a work related incident on 15 March 2014 during his employment with William Andrew, William Richard, and Margaret Kelly (Kelly parties).  At the time, Mr Andrew Thorn and Thorn Transport Pty Ltd (Thorn parties) were contracted to deliver the 800 merino sheep purchased by the Kelly parties to their property at Rugby.

In the course of unloading the sheep, the Thorn parties allegedly released a ramp suspended from the deck above where Mr Monteleone was unloading the sheep, without any warning to Mr Monteleone.  In turn, the ramp struck Mr Monteleone and he suffered a number of physical injuries.

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West Palm Beach Partner Covers Construction Defect Law on “Legal News & Review” Radio Program

Josh Atlas

Photo Courtesy of Legal News & Review

Arnstein & Lehr LLP West Palm Beach partner Joshua Atlas made a year-end appearance on local AM radio show, Legal News & Review, where he discussed construction defect and construction lien issues. Mr. Atlas was joined by William Cornwell of Weiss, Handler & Cornwell, P.A., who covered class action lawsuits, and legal panel host Toni Kissel, who discussed traffic ticket law. Click here to listen to the segment.

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Combatting the Zombiefication of Legal Content Marketing with Breakthrough Storytelling

Grunge cracked zombie virus concept background with some soft smooth lines

17 million people watched the October 23rd premiere of the 7th season of The Walking Dead.

Although the show is wildly popular because of its writing and its character development, it’s safe to say that it’s also a huge hit because, well, zombies.

Zombies may not be the biggest threat facing our friends on TWD at the moment, but it turns out that zombie-thinking IS the biggest threat facing our content marketing efforts in the legal industry.

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