Monthly Archives: July 2018

ILN Today Post

Michigan AG and Civil Rights Commission at odds over LGBT protections

There’s a battle brewing in Michigan…and this time it isn’t over college football.

In May 2018, the Michigan Civil Rights Commission issued a statement re-interpreting the Elliott-Larsen Civil Rights Act, the state civil rights law, to cover discrimination based on sexual orientation and gender identity.  The interpretative statement, which does not have the force and effect of law, provides that discrimination based on sexual orientation and gender identity are forms of discrimination based on sex. The MCRC issued the interpretative state knowing the state’s Attorney General disagreed with that position.

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California Supreme Court to Advise Ninth Circuit on Several Wage and Hour Issues Continue Reading…

On July 11, 2018, the California Supreme Court accepted the Ninth Circuit’s request to answer several questions of California law relating to wage statements and payments of wages to certain classes of employees.

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How to be a Change Leader in Your Law Firm

 

 

 

 

 

 

 

We’ve been discussing the NEED for change a lot lately, and while many of us may understand the urgency, and have even begun undertaking some steps to effectuate change within our firms and organizations, others may be asking what it actually means to be a leader of change.

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California Supreme Court’s Clarification of De Minimis Doctrine Leaves Many Questions Unanswered – and Does Little to Ease Plaintiffs’ Path to Class Certification Continue Reading…

On July 26, 2018, the California Supreme Court issued its long-awaited opinion in Troester v. Starbucks Corporation, ostensibly clarifying the application of the widely adopted de minimis doctrine to California’s wage-hour laws. But while the Court rejected the application of the de minimis rule under the facts presented to it, the Court did not reject the doctrine outright. Instead, it left many questions unanswered.

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Self-builder: A professional seller?

By Chantal Noël, from our Insurance Law Practice Group.

July 30, 2018 — In Grandmaître c. Lacombe (2016 QCCS 2216), the Superior Court held that a self-builder who sold an immovable was not a professional seller and consequently could invoke a clause excluding the legal warranty against hidden defects. The Court of Appeal recently affirmed this decision in Grandmaître c. Lacombe (2018 QCCA 651).

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ILN Today Post

Tax planning with an open book

Based on a recently announced EU directive, your name and any tax advice you have received could end up with the tax authority. From July 2020, tax advisors, or in certain cases the taxpayers themselves, will be required to inform the tax authority of the details of certain tax planning structures that are classified as aggressive under the new directive. And what’s more, the disclosure obligation will apply retrospectively to all structures that taxpayers started implementing after 25 June 2018.

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ILN Today Post

Bringing VAT “back from the dead”

Companies are faced with countless situations where, for reasons beyond their control, they are unable to collect the money owed to them, including its VAT part. In such cases the tax authority often refuses to allow the reclaim of the lost VAT even where this would not incur a loss for the budget. Based on recent judgements by the European Court of Justice (ECJ), however, the VAT should be recoverable in many cases of this kind.

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ILN Today Post

Employment Law This Week®– Special Edition: The ADA Turns 28

July 26, 2018, marked the 28th anniversary of the Americans with Disabilities Act (ADA), signed into law by President George H. W. Bush in 1990. The ADA was landmark legislation that changed the workplace radically for those with disabilities, and their colleagues, and created new obligations for businesses open to the public. Ted Kennedy, Jr., from Epstein Becker Green, has more:

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Talking Tax – Issue 127

Case law
VIC transfer duty: exemption for property passing to unitholders unavailable

In Lincara Pty Ltd v Commissioner of State Revenue [2018] VCAT 1060, the Taxpayer sought review of a decision of the Commissioner to impose duty of $412,500 on the transfer of three rural properties (Properties) from a unit trust (Unit Trust) to the Taxpayer in its capacity as trustee of a superannuation fund (Super Fund).

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Davis Malm Congratulates Contributors to MCLE’s Hanging Your Shingle on Receiving 2018 ACLEA Best Award

Shareholder Robert J. Munnelly, Jr. authored chapter 13 on data security. The Award will be formally presented at ACLEA’s 54th Annual Meeting, July 28-31 in Portland, Oregon.

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