Monthly Archives: December 2018
Massachusetts Department of Family and Medical Leave Issues First Round of Guidance, Launches Website
New Massachusetts Department of Family and Medical Leave Launches Website, Issues First Round of Guidance
The brand-new Massachusetts Department of Family and Medical Leave (“DFML”) has launched its webpage and issued the first set of guidance for both employers and employees. The DFML was created to help facilitate the implementation of Massachusetts’ new Paid Family and Medical Leave programs (“PFML”). The deadline for employers to start making contributions toward the PFML programs is July 1, 2019, and employees may begin receiving benefits beginning on January 1, 2021.
Commercial Bankruptcy in the United States – Potential Impact on Litigation & Transactional Practices
Commercial bankruptcy in the United States is a tool to conduct and continue big business. Because its effects reach into other practice areas, there are opportunities for non-bankruptcy members to provide value to their clients by calling on the expertise of ILN commercial bankruptcy practitioners.
Ask a parent about their biggest concern when it comes to having their young children log too much screen time on tablets or smart phones, and you’re likely to hear answers ranging from poor academic performance to simply not getting outside more to blow off steam.
The Boston law firm of Davis, Malm & D’Agostine, P.C. announces that Kevin J. Milton has joined the firm as an associate in the Business Law and Banking and Credit areas. Mr. Milton assists with general corporate law and finance matters, including corporate formation, commercial transactions, private equity, and corporate governance. Prior to joining Davis Malm, Mr. Milton held internship positions at Beth Israel Deaconess Medical Center, Office of the General Counsel; United States Attorney’s Office, Criminal Division; Plymouth County District Attorney’s Office; and several private practice firms in Boston.
In a decision released on December 7, 2018, the Ontario Court of Appeal missed an opportunity to provide lower courts with guidance regarding the circumstances in which they could depart from imposing statutory minimum fines required by provincial regulatory statutes. Section 59(2) of the Provincial Offences Act (“POA”) gives the court discretion to impose something less than the minimum where “exceptional circumstances” make it “unduly oppressive” or “not in the interests of justice” to do so. However, the Court of Appeal ruled that the provincial offence regime is better served by leaving the requirements for departure from minimum fines and sentences intentionally vague. In fact, the Court may have even muddied the waters by appearing to say that “exceptional” means “unusual” and then failing to define the term unusual.
On December 7, 2018, Governor Andrew M. Cuomo signed into law an amendment to New York Labor Law (“NYLL”) Section 193 (“NY Wage Deduction Law”) extending the NY Wage Deduction Law, which had expired on November 6, 2018, until November 6, 2020.
A corporation of which you are a shareholder claims to have sustained important damages which, in your view, were caused by the fault of professionals. These damages and losses caused the corporation’s bankruptcy. Can you, as shareholder, sue the professionals to claim compensation for the corporation’s damages?
Suppose that you want to register a trademark that identifies a source of goods or services for your business. What if the trademark describes a geographical area such as eastern? Should you register your trademark with the U.S. Patent and Trademark Office? Can you obtain a registration from the U.S. Patent and Trademark Office? The answer is YES! if the mark is not primarily geographically descriptive.
What constitutes sexual harassment?
Sexual harassment is a behavior towards another human being where the abuser harms the dignity of the victim and creates an intimidating, hostile or humiliating working environment. The victim feels shock, horror, fear, revulsion, indignation, anger or shame. Sexual harassment can appear in all forms of verbal abuse, as well as physical actions. Whereas physical actions are always forbidden, verbal or also nonverbal abuses are not punished if they don’t happen at the workplace. Ordering someone to harass someone is a form of sexual harassment as well as discriminating someone because of their sexual orientation or sex in general.