Monthly Archives: September 2017

ILN Today Post

Legality of Deduction of Wages Upon Failure to Serve Notice Period by Employees

  1. Introduction.

A common and regular concern faced by employers is the practice of resignation without notice by their employees and consequent disassociation without providing adequate time for due and proper handover. The question which the employers then face is, do we have the right to deduct amounts as payment in lieu of the unserved notice period from the outstanding wages of such employees?

An assessment as to the ability of an employer to deduct outstanding salary in lieu of unserved notice period is a mixed question of fact and law. First of all, it requires an assessment of whether the employee is employed in a corporate office or in a factory or in any other industrial establishment, as that determines the applicability of the relevant legislations. This assessment is also based on determination of the role and responsibility of the concerned employee, his/her salary, place of employment and several other related factors.

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ILN Today Post

7th Circuit affirms conviction for spoofing spree

The individual dollar amounts that Michael Coscia was charged with illegally taking make him sound like a petty criminal, but the 7th Circuit Court of Appeals had another name for him — unscrupulous trader.

In early August, the Chicago panel affirmed the conviction of Coscia, manager and owner of Panther Energy Trading LLC, for manipulating the commodities market. He is the first person to be found guilty of violating the federal anti-spoofing provision and while, as attorneys note, he is not the only misbehaving trader, his conviction sends a message about the risks of engaging in such acts.

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ILN Today Post

Advokatfirmaet Økland har på vegne av NorDan vunnet en prinsippsak i Eidsivating lagmannsrett om eiendomsskatt på maskiner og utstyr

Eidsivating lagmannsrett avsa 21. august 2017 en prinsipiell dom om eiendomsskatt på maskiner og utstyr i såkalte «verk og bruk», det vil si i produksjonsbedrifter.Svært mange kommuner har praktisert å ta slikt med i skattegrunnlaget. Lagmannsretten uttaler klart at dette er i strid med loven der virksomheten drives i vanlige fabrikkbygninger. Advokatfirmaet Økland & Co v/advokat Gjermund Pekeberg representerte Johs Rasmussen AS (NorDan), som er Norges største produsent av vinduer og dører. Motpart var Sel kommune i Gudbrandsdalen. Johs Rasmussen AS fikk fullt medhold i saken, som vil få stor prinsipiell betydning dersom den blir stående. Ankefristen er 21. september.

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ILN Today Post

Congratulations to Matthew Norris for being selected as Finalist

Congratulations to Matthew Norris for being selected as a Finalist in Lexpert’s Rising Stars – Leading Lawyers Under 40 competition.

The Rising Stars competition showcases Canadian lawyers that have an outstanding track record of success with complex transactions, contributed to their communities and profession and demonstrated leadership within their law departments. Finalists were also selected for being team players, who demonstrated business acumen and adaptability to change.

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IHT Residence Nil Rate Band: depending on downsizing?

HMRC have published new guidance covering the downsizing provisions of the Residence Nil Rate Band (RNRB) (click here for a link to it).  This will be of interest to advisers looking for a relatively straightforward introduction to this aspect of the RNRB which may be suitable for forwarding on to clients.
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Talking Tax – Issue 93

Case law

Appeal dismissed against the AAT’s decision to grant an extension of time

In the recent case of Commissioner of Taxation v Primary Health Care Limited [2017] FCAFC 131 (24 August 2017) the Full Federal Court dismissed the Commissioner’s appeal of a decision of the Administrative Appeals Tribunal (Tribunal) to treat five objections to assessments for the financial years 2003 to 2007 as having been lodged in time. The main issue in dispute arose because the Commissioner changed his mind about the correct tax treatment of a long-standing business model.

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ILN Today Post

Trouble in patent troll paradise?

Patents are the strongest form of IP protection. Indeed, because patents provide strict exclusionary rights, typically for a period of 20 years, patent holders have long been given broad latitude by the courts to protect themselves against infringing competitors. The historically strong position of patentees was further bolstered when, in 1982, Congress established a specialised appeals court for patent matters, the US Court of Appeals for the Federal Circuit (“Federal Circuit”). Indeed, soon after its establishment, the Federal Circuit issued several pro-patentee decisions that expanded the range of patentable inventions and made it more difficult to invalidate issued patents.

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ILN Today Post

Richard B. Walsh, Jr. Named 2018 “Lawyer of the Year” by Best Lawyers

September 05, 2017
Lewis Rice is proud to announce The Best Lawyers in America® named Richard B. Walsh, Jr. “Lawyer of the Year” for Litigation – Antitrust for 2018 in the St. Louis metropolitan area. Best Lawyers has included him in its annual list each year since 2008 for Commercial Litigation and Intellectual Property, in addition to Litigation – Antitrust. Rick previously received the “Lawyer of the Year” award for Litigation – Antitrust in 2016.

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Ninth Circuit Rejects DOL’s “80/20 Rule” On Sidework And Tipped Employees Continue Reading…

Earlier today, the Ninth Circuit issued its opinion in cases involving the Department of Labor’s (“DOL”) “80/20 Rule” regarding what is commonly referred to as “sidework” in the restaurant industry.  Agreeing with the arguments made by our new colleague Paul DeCamp, among others, the Ninth Circuit issued a decidedly employer-friendly decision.  In so doing, it disagreed with the Eighth Circuit, potentially setting the issue up for resolution by the United States Supreme Court.

As those in the restaurant industry are aware, restaurant workers and other tipped employees often perform a mix of activities in the course of carrying out their jobs.  Some tasks, such as taking a customers’ orders or delivering their food, may contribute directly to generating tips.  Other tasks, such as clearing tables, rolling silverware, and refilling salt and pepper shakers—activity generally known in the industry as “sidework”— arguably generate tips indirectly.

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Three finalists for Hall & Wilcox at the Women in Law Awards

Hall & Wilcox is pleased to be named finalists at this year’s Lawyers Weekly Women in Law Awards.

Now in its sixth consecutive year, the Women in Law Awards recognises individual excellence in law, from the profession’s most senior ranks to its rising stars.

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