Monthly Archives: May 2019

Lidings Successfully Represents Interests of Large Pharmaceutical Companies in a Number of Patent-Related Disputes

The Russian pharmaceutical industry has recently become the field for serious patent-related battles between large foreign producers of original drugs and Russian manufacturers of generics.

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Massachusetts Extends Compliance Deadlines for Two Key Paid Family and Medical Leave Law Obligations

As we previously reported, the Massachusetts Department of Family and Medical Leave (“DFML”) recently issued regulations and guidance concerning employers’ obligations under the Paid Family and Medical Leave Law (“PFML”), including a quick-approaching deadline for providing notice to employees of their rights under the PFML. On May 1, the DFML announced that it is extending the deadline for employers to provide the employee notice from May 31, 2019 to June 30, 2019.

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DOL Endorses Independent Contractor Status in the Gig Economy

On April 29, 2019, the U.S. Department of Labor (“DOL”) issued an opinion letter concluding that workers providing services to customers referred to them through an unidentified virtual marketplace are properly classified as independent contractors under the Fair Labor Standards Act (“FLSA”).

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Ninth Circuit Concludes That New California “ABC” Independent Contractor Test Applies Retroactively

In April 2018, the California Supreme Court issued its long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, dramatically changing the standard for determining whether workers in California should be classified as employees or as independent contractors for purposes of the wage orders adopted by California’s Industrial Welfare Commission (“IWC”). In so doing, the Court held that there is a presumption that individuals are employees, and that an entity classifying an individual as an independent contractor bears the burden of establishing that such a classification is proper under the “ABC test” used in some other jurisdictions.

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Rainmaking Recommendation from Jaimie Field: Are you Glossophobic?

Today’s rainmaking recommendation from expert and trainer, Jaimie Field, deals with a topic that is familiar to me – glossophobia, or the fear of standing up in front of a crowd. Is this something you suffer from?

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ILN Today Post

There is Life After Death For Companies!

If somebody dies unexpectedly, it’s not only a terrible loss for the grieving family and friends, but can also be a tragedy for the company of which the deceased was a member. At such times, the company can find itself unable to make decisions, even if the deceased only held a small share in the business. However, solutions do exist to enable the testator not only to make provisions for family members in the event of his or her death, but also to make sure that the company can continue to make decisions.

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ILN Today Post

Illinois Supreme Court: Subcontractors No Longer Subject to Claims for Breach of the Implied Warranty of Habitability

Recently, in Sienna Court Condominium Association v. Champion Aluminum Corporation, et al., the Illinois Supreme Court (“the Supreme Court”) held that if a purchaser of a newly constructed condominium or residence does not have a contract with a subcontractor who provided work as part of the building’s construction, then the purchaser cannot assert a claim for breach of the implied warranty of habitability against that subcontractor. The Supreme Court’s holding in Sienna was a major victory for subcontractors and suppliers in the residential construction industry in Illinois. It was a loss for purchasers, owners, and homeowner associations, particularly those whose possible relief against the developer or general contractor with whom they have contracted is no longer viable because that party is defunct or bankrupt.

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ILN Today Post

Fladgate strengthens Tax team with new Partner appointment, Helen Cox

Fladgate is delighted to announce the appointment of Tax Partner Helen Cox, who joins from Mishcon de Reya.

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Resignation or dismissal? When the distinction rests on an allegedly forged letter

The distinction between a resignation and a dismissal is an inexhaustible source of litigation. The Administrative Labour Tribunal recently rendered a decision in a case where handwriting experts had been called as witnesses by both parties to testify on the question whether a letter of resignation adduced as evidence by the employer had really been signed by the employee: Hugo et Thomson, Tremblay inc., 2019 QCTAT 1004.

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Employers Must File EEO-1 Component 2 Data by September 30, 2019

On April 25, a U.S. District Court in Washington, D.C. ruled that the EEOC must collect Component-2 wage/hours worked data from employers by September 30, 2019.  The Court also ordered EEOC to collect two pay years (2018 and either 2017 or 2019). If the EEOC choses 2017 it will also be due on September 30.  If it chooses 2019, that data will be due March 31, 2020. The EEOC has until May 3 to determine which additional year will be collected.

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