Monthly Archives: June 2017

Take 5 Newsletter: Societal Challenges Intersecting with the Retail Workplace

This issue of Take 5 encapsulates the incredible breadth of societal changes and challenges facing the entire retail workplace. The topics addressed below reflect a microcosm of the many issues currently facing our overall society, covering growing political activism in the workplace, increasing expectations to accommodate religious beliefs, otherwise outrageous employee speech that may very well enjoy protection under the law, and the ever-increasing requirements for criminal background checks enacted piecemeal by states and cities. These extremely topical subjects often tap into broader emotionally charged concerns encountered by retailers.

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Important safety checks required following Grenfell Tower fire

The announcement by prime minister Theresa May on 28 June 2017 that the cladding used at Grenfell Tower did not comply with Building Regulations is a worrying development in this tragic saga.  How defective cladding came to be installed in circumstances where the public rightfully expect construction works to be properly carried out and certified will no doubt be the subject of the public inquiry in due course.

At issue is a type of cladding made of Aluminium Composite Material (ACM).  Although ACM cladding is not of itself dangerous, it is important to ensure that the correct type of cladding has been used and/or only used on buildings of a certain height.

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Week of June 26, 2017 on ILNToday – A Roundup!

roundupAs usual, it’s been a busy week here at the ILN! We have a great roundup for you this week, so grab your coffee and take a read through the top posts from this week on ILNToday:

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ILN Today Post

South Carolina: South Carolina Policy Council assesses new 2017-18 budget

Governor Henry McMaster signed South Carolina’s Fiscal Year 2017-2018 Appropriations Bill, H. 3720 into law earlier this month, while also vetoing 41 provisions. In a piece titled The State Budget: What You’re Spending in 2017, the South Carolina Policy Council (SCPC) disparaged not only the $27.42 billion budget itself, for being outsized and containing “[w]aste, bad policy, etc.,” but also the process leading up to it, as indiscernible and secretive. The SCPC, founded in 1986, is a think tank whose purpose is “to publish research and analysis showing the relevance of the American republic’s founding principles: limited government, free enterprise, and individual liberty and responsibility.”

The SCPC’s main criticism is that South Carolina’s government is “outpacing the economy – by a lot.” It observes that the 2017-18 budget is the largest in history, and $1.1 billion bigger than last year’s $26.3 billion budget.

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North Carolina: Lawmakers override Gov. Cooper’s budget veto

Last week, Tar Heel state lawmakers approved their budget agreement for the next biennium, which starts on July 1, 2017. This week, Gov. Roy Cooper vetoed the agreement, and the legislature overrode that veto with a 76-43 vote.

When lawmakers put forth their budget, the Times-News called it a dare, quoting Senate leader Phil Berger’s challenge to Gov. Cooper: “[I]f the things you’ve said and campaigned on are more than just empty promises, you will sign this budget.” But the governor’s judgment is that “the two-year spending plan is fiscally irresponsible and fails to provide enough for education and economic development… The more we learn about this budget, the worse it is…this budget lacks vision and unfairly picks winners and losers.”

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California: New budget creates seismic shift in the Board of Equalization, expands the EITC

Earlier this month, the state’s $183 billion budget bill for the 2017-18 fiscal year, AB 97, passed both chambers. This week, Gov. Jerry Brown signed it into law.

CALMatters quoted Gov. Brown’s characterization of the budget as “balanced and progressive.” “Progressive” refers to the fact that it expands benefits for many poor Californians, which make up 25 percent to 33 percent of the Golden State’s 39 million residents. “Balanced” means that the budget spends “every last dollar” the state is projected to receive.

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Davis Malm Continues its Legacy as a Leading Authority in Condominium Law

Davis Malm shareholder Samuel B. (Sandy) Moskowitz, served as editor for the newly released 2017 edition of Massachusetts Continuing Legal Education’s (MCLE) guide, Massachusetts Condominium Law. The editor’s torch was passed to Mr. Moskowitz by retired Davis Malm shareholder, Robert J. Galvin, who served as editor since the guide’s first publication in 1988 and updated it regularly until his retirement in 2016.

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Greater Boston Legal Services Re-Elects Samuel B. Moskowitz as Board Officer

On June 21, Davis Malm shareholder Samuel B. (Sandy) Moskowitz was reelected as a Vice President of the Greater Boston Legal Services (GBLS) Board of Directors and to its Executive Committee. In these roles, Mr. Moskowitz will continue his work to advance GBLS’ mission to provide high-quality legal representation to low-income individuals and families in the Greater Boston area.

A longtime GBLS supporter and active Board Member, Mr. Moskowitz said, “I am honored to be reelected to the leadership team of an organization with such a strong history of supporting the disenfranchised. In these challenging times, it is more critical than ever to protect and enforce the basic legal rights of our most vulnerable citizens.”

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Daniel T. Janis Presents at BBA Workshop

On June 21, Davis Malm associate Daniel T. Janis, presented at the Boston Bar Association (BBA) event, “The Life of a Deal: Nuts and Bolts of a Stock Purchase Transaction.” Mr. Janis spoke with new attorneys on the primary components of a stock purchase agreement, the most important levers in the agreement, and how the mindset of a seller and a buyer differs when negotiating the terms of the agreement.

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Proposed reforms to boost ASIC’s search warrant and AFSL licensing powers

Treasury’s ASIC Enforcement Review taskforce, initiated by the Federal Government last year to review ASIC’s enforcement regime, has this week issued three ‘Positions and Consultation’ papers that propose significant increases to ASIC’s powers. The proposed changes will be of considerable relevance to financial services businesses.

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