Monthly Archives: March 2017

New risks associated with assets restructuring within holding companies

On 13 February 2017 Commercial court of Vladimir region (hereinafter – the “Court”) adopted decision in a tax dispute case № A11-6203/20161 (hereinafter – the “Decision”). If the Decision is upheld by appeal court, this might induce supplementary risks of tax non-compliance in the area of asset restructuring.

The Decision was rendered in a tax dispute between “Mon’delez Rus” LLC (subsidiary of Kraft Foods Inc. (USA) holding company) (hereinafter – the “Company”) and a Major Taxpayers’ Interdistrict Tax Office of Federal Tax Service in Vladimir region (hereinafter – the “Tax office”). In its resolution dated 18 December 2015 the Tax Office found the Company liable for tax non-compliance: the Company, inter alia, was charged with an additional tax payment in the amount of RUB 514 million.

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Texas District Court Upholds Hospital’s Policy that Disabled Employees Compete for Vacant Positions

Dallas, TexasIn a decision impacting the interactive process, the Northern District of Texas held in EEOC v. Methodist Hospitals of Dallas, No. 3:2015-cv-03104 (N.D. Tex. Mar. 9, 2017), that employers do not violate the Americans with Disabilities Act (“ADA”) by requiring individuals with disabilities that need reassignment as a reasonable accommodation to compete for vacant positions.

Plaintiff, a former patient care technician, requested an accommodation after an on-the-job injury precluded her from performing the required duties of lifting and transporting patients. Though she met the minimum qualifications for two vacant positions, she was not chosen for the positions and was terminated. The EEOC alleged that the Hospital maintained an unlawful policy by requiring individuals with disabilities to compete for vacant positions where the individual was qualified for the position. The Hospital argued that the EEOC was attempting to mandate additional affirmative action not required by the ADA by asserting that the employer could not choose the most qualified applicant for a vacant position.

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Marketing a High-Powered Winery

Winemaking is a timeless craft—or so you might think. If you do, one visit to a Jackson Family Wines facility powered by Tesla batteries and you’ll soon realize that wineries are certainly keeping up with the times.

One of the country’s largest family-owned wineries, Jackson Family Wines has been innovating in all kinds of ways as it carries on the family’s winemaking legacy (including production of the popular Kendall-Jackson brand).

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Hospitality Labor and Employment Law Blog Ranks in Top 75

We were pleased to see that Feedspot has ranked our blog in its “Top 75 Employment Websites and Blogs for Employees and Employers.”

The ranking is based on Google reputation and search ranking; influence and popularity on Facebook, Twitter, and other social media sites; quality and consistency of posts; and Feedspot’s editorial team and expert review.

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Which States Are Likely to Enact Laws Restricting Non-Compete Agreements in 2017?

shapiroIn 2016, several states enacted laws that were designed, in varying degrees, to limit non-competes, including Illinois, Utah, Connecticut and Rhode Island. Which states are most likely to do the same in 2017?

Idaho:  A bill proposed in January, House Bill 61, would amend an existing Idaho law that has made it easier for employers to enforce non-competes against the highest paid 5% of their employees and independent contractors.  The bill would alleviate the burden placed on such “key” personnel by the existing law by, among other things, eliminating the rebuttable presumption of irreparable harm to the employer that is automatically established if a court finds that the key employee or independent contractor is in breach of his or her non-compete.

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Equal Pay: The Evolving Landscape

Equal pay for equal work has been required for many years, but, as of late, this rather static requirement has become the focal point of regulators, state and local governments, and activists. In order to achieve equality in compensation, the efforts are becoming increasingly creative with new pushes for transparency, privacy, and/or disclosures. Financial services firms are often the target and should not only be aware of these innovative measures and requirements but also consider what proactive actions to put in place.

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Ilott v Mitson Supreme Court decision: UK testamentary freedom reasserted

 

Last week, the Supreme Court brought to an end a 13 year legal battle over the late Mrs Jackson’s Will.  The Will left virtually all of Mrs Jackson’s assets (some £480,000) to three UK charities, cutting out entirely her only child (Mrs Ilott), who was for many years estranged from her mother but who lived in very financially straitened circumstances with her husband and five children.
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ILN Today Post

E-Commerce and the obligation to inform consumers about the ODR platform

All companies established in the EU, which are conducting e-commerce business, shall provide information about ODR (Online Dispute Resolution) and a link to the European Commission’s online platform ODR on their web sites, see http://ec.europa.eu/odr. This applies also when the company only offers its products or services to consumers on the Swedish market. Furthermore, the e-commerce company shall present their e-mail address and the web address and e-mail address of the Swedish National Board for Consumer Disputes (Sw.  Allmänna Reklamationsnämnden – ARN) on its web site. ARN has been appointed as the Swedish ODR institute. Information about the ODR platform and ARN shall also be provided in the company’s general terms and conditions.

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ILN Today Post

Sit, Fung, Kwong & Shum acts for Lau

We acted for Mr. Joseph Lau, Luen-hung in the distribution of all the 74.99% shares in Chinese Estates Holdings Limited indirectly held under a discretionary trust founded by him. Chinese Estates is company listed on the Main Board of The Stock Exchange of Hong Kong Limited (Stock Code: 127) with market capitalisation of over HK$20 billion. After the distribution on 1 March 2017, Mr. Lau Ming Wai (the son of Mr. Joseph Lau) and Ms Chan Hoi Wan (the spouse of Mr. Joseph Lau), as trustee for her minor children Lau Chung-hok and Lau, Sau-wah, indirectly hold shares representing approximately 24.97% and 50.02% of the total issued share capital of Chinese Estates respectively.

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ILN Today Post

Mexicana Bimbo escala conflicto con Canal 13 y exige pago de US$65 millones

Ideal acusa que gastó $803.294.756 en contratos para mejorar reputación tras la emisión del programa de Contacto del canal ligado a Andrónico Luksic. El 9 de julio de 2013 la relación entre Ideal, filial del gigante Bimbo, y Canal 13 se quebró. La emisión del capítulo denominado “Alimentos saludables: ¿gato por liebre?” del programa Contacto cortó la relación entre ambos, y esta vez el conflicto volvió a escalar.

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