Monthly Archives: October 2018

DOJ Finally Chimes In On State of the Website Accessibility Legal Landscape – But Did Anything Really Change?

As those of you who have followed my thoughts on the state of the website accessibility legal landscape over the years are well aware, businesses in all industries continue to face an onslaught of demand letters and state and federal court lawsuits (often on multiple occasions, at times in the same jurisdiction) based on the concept that a business’ website is inaccessible to individuals with disabilities.  One of the primary reasons for this unfortunate situation is the lack of regulations or other guidance from the U.S. Department of Justice (DOJ) which withdrew long-pending private sector website accessibility regulations late last year.  Finally, after multiple requests this summer from bi-partisan factions of Members Congress, DOJ’s Office of Legislative Affairs recently issued a statement clarifying DOJ’s current position on website accessibility.  Unfortunately, for those hoping that DOJ’s word would radically alter the playing field and stem the endless tide of litigations, the substance of DOJ’s response makes that highly unlikely.

Read more

Read full article

Financial Services in Focus – Issue 12

Funds and financial products

ASIC consults on share and interest purchase plan class order

On 2 October, ASIC released Consultation Paper 304 Remaking ASIC class order on share and interest purchase plans: [CO 09/425], which ASIC states outlines ASIC’s rationale for proposing to remake the class order without significant changes.

Read more

Read full article

5 Essential Networking Tips for Lawyers

 

 

 

 

 

 

 

 

In addition to understanding the area of the law that you’ll specialize in, there are a variety of “soft skills” that will be essential to navigating the practice of law successfully. Your professional skills may need to be further expanded over the coming years as the industry itself changes and stretches, but for now, there are a few tried and true ones you can rely on that will serve you well regardless of where you end up practicing.

Read more

Read full article

California Court of Appeal Concludes that Individuals Can Be Personally Liable for Civil Penalties for Wage-Hour Violations

The question whether an individual may be held liable for alleged wage-hour violations is one that occasionally arises in class action litigation – and, for obvious reasons, it is one that is particularly important to individuals who own entities or who are responsible for overseeing wage-hour compliance.

Read more

Read full article
ILN Today Post

New trends in construction procurement

Parties carrying out construction work often assume that either standard (or traditional) procurement or design and build procurement should be used to procure their projects, particularly when third party development funding is being obtained.  However we are seeing a clear trend towards parties selecting other procurement routes to suit their particular projects and lenders being willing to fund such projects.

Read more

Read full article

Foreign Investment Review Board guidelines amended

At the beginning of the year Australia’s Foreign Investment Review Board (FIRB) introduced guidelines requiring that foreign investors demonstrate that agricultural land they intend to acquire has been part of a public sales process and marketed widely to potential Australian bidders for a minimum of 30 days, and Australian bidders have had an opportunity to participate in the sale process. You can read our update here.

Read more

Read full article

FDA Seeks Civil Monetary Penalties Measures to Enforce Compliance with ClinicalTrials.org Requirements

On September 20, 2018, the U.S. Food and Drug Administration (“FDA”) released draft guidance “Civil Money Penalties Relating to the ClinicalTrials.gov Data Bank” (“Guidance”). The purpose of this Guidance is to explain FDA’s protocol in (1) determining how the centers will identify whether responsible parties failed to comply with submission and certification requirements to the ClinicalTrials.gov or submitted false or misleading documents to the data banks and (2) deciding when, why, and what civil monetary penalties will be assessed against the responsible parties or submitters. The new guidance seeks to address requirements of responsible parties involved in the performance of clinical research and submission of applications for marketing authorizations to register their trial, submit clinical results information and make certain certifications regarding their compliance with these requirements.  In order to mitigate their risk of civil money penalties in accordance with this guidance,  sponsors and researchers should (1) have policies and procedures that ensure correct clinical trial information is submitted to the ClinicalTrials.gov data bank, (2) have policies and procedures that ensure routine monitoring for missing or inaccurate clinical trial information in the data bank, (3) make timely submissions of the required information, and (4) remain responsive to any inquiries by FDA concerning clinical trial data and/or certifications to FDA.

Read more

Read full article
ILN Today Post

Het tarief van de overdrachtsbelasting in vogelvlucht

Iedereen die wel eens een bestaand huis of bedrijfspand heeft gekocht (niet nieuwbouw) wordt geconfronteerd met het moeten betalen van overdrachtsbelasting. Vroeger gold daarvoor slechts één tarief: 6% over de koopsom. Om de in de laatste economische crisis vastgelopen vastgoedmarkt wat aan te zwengelen werd het tarief sindsdien voor woningen beperkt tot 2%.

Lees verder

Read full article
ILN Today Post

The unintended consequences of high rents in long leases

When long leases are granted the intentions of the parties are usually to grant a long lease to the leaseholder, for which a high premium is paid, with a ground rent that varies but is generally nominal when viewed in relation to the premium paid for the lease. However, when the ground rent is looked at in isolation (as there is currently no legislation which provides for any other view to be taken) it can have the unintended consequence of the lease being deemed an Assured Shorthold Tenancy (AST) which can impact the leaseholder and any lender with a charge on the leasehold property.

Read more

Read full article
ILN Today Post

Assured Shorthold Tenancies: more hASTe, less speed

Some market observers estimate that approximately 20% of occupied residential properties – around 5 million households in total – are made up of privately rented accommodation.

Read more

Read full article