Monthly Archives: September 2018

The right to claim the costs of bringing property up to standards

In a recent decision (Ville de Longueuil c. Environnement Rouer NRJ inc., 2018 QCCS 3102), the Superior Court seems to have determined that a plainff is entled to the extra costs of bringing a structure up to standards aer it has been damaged. But is itreally so?

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Shutts Continues Growth, Adds New Partners in Three Florida Offices

Shutts & Bowen LLP continues to expand its AppellateBusiness Litigation, and Tax and International Lawpractice groups throughout the Sunshine State. The firm announced today that it has added partners Meredith S. Delcamp in Tampa, Rachel E. Nordby in Tallahassee, and Veronica Vilarchao in Miami.

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McDonald Hopkins is excited to welcome Brynne Grady to our Cleveland office!

Brynne is an associate in the Intellectual Property Department.

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New York Paid Family Leave Benefits Scheduled to Increase January 1, 2019

On January 1, 2019, the length of paid leave and amount of weekly benefits under the New York Paid Family Leave Act (“NY PFL”) are scheduled to increase, the first of three yearly increases. The NY PFL, which took effect earlier this year, allows employees to collect up to a maximum of eight weeks of benefits within a 52-consecutive week period. In 2018, employees are eligible to earn 50% of their average weekly salary, up to a cap set at 50% of the state average weekly wage. Currently, the NY PFL benefits has been calculated based on the 2016 New York State average weekly wage, which is $1,305.92 per week. Thus, the maximum benefit amount in 2018 is $652.96 per week.

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Blockchain technology: Antitrust risks and safeguards

Blockchain technology is on government enforcers’ radar screens because the shared use of a distributed ledger by competitors in the marketplace may raise antitrust issues. For example, the Federal Trade Commission (FTC) announced on March 16, 2018, that it’s creating a Blockchain Working Group, explaining:

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Insolvency reform to address corporate avoidance of employee entitlements

The Commonwealth has released an exposure draft of the Corporations Amendment (Strengthening Protections for Employee Entitlements) Bill 2018 (Bill) for consultation which will make key amendments to the Corporations Act 2001 (Cth) (Corporations Act). The Bill strengthens the current provisions aimed to deter companies from diverting assets to avoid the payment of employee entitlements on insolvency. The proposed changes will impact:

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Recent Decision Questions Use of No-Poach Clauses in Franchise Agreements

States across the country have been using enforcement actions, legislation, and interpretive guidance to limit employers’ ability to enforce restrictive covenants against low wage workers. The recent decision in Butler v. Jimmy John’s Franchise, LLC et. al., 18-cv-0133 (S.D. Ill. 2018) suggests this trend may extend to federal antitrust law.

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Think twice before giving your Social Security number to your doctor

When completing personal history forms at many doctors’ offices, it is not uncommon to be asked to provide your or another family member’s Social Security number (SSN). Given the increased news coverage of high profile data breaches and efforts to protect one’s personal information from hackers, many people wonder whether they should provide their SSN to doctors and other healthcare providers.

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IAG Ltd t/as NRMA Insurance v Abiad

Justice Harrison of the Supreme Court NSW handed down judgment in the matter of IAG Ltd t/as NRMA Insurance v Abiad [2018] NSWSC 1422 on 21 September 2018.

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There are big changes coming for post-data breach protections

Important consumer protection requirements designed to better safeguard consumers from identity theft in the wake of data breaches have recently been enacted, and businesses should take note.

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