Monthly Archives: October 2019

ILN Today Post

Tariffs on Wine, Whisky, and Cheese Provide Extra Fright This Halloween

Halloween parties are an annual tradition for many Americans. But this year Halloween may be a little spookier than usual as some popular party items could become more expensive.

On Friday, October 18, new 25% tariffs went into effect on many food and drink imports from the European Union (“EU”). These tariffs were first proposed by the United States Trade Representative (“USTR”) back in April as part of an ongoing World Trade Organization (“WTO”) dispute surrounding civil aircraft subsidies granted by the EU.[1] This month, the WTO finally ruled on the matter, siding in favor of the United States over the EU. As a result, the United States has placed $7.5 million worth of tariffs on European goods.[2]

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Connolly Gallagher Managing Partner, Chip Connolly Named to Irish Legal 100

Connolly Gallagher Managing partner Arthur G. (“Chip”) Connolly, III has been named to the Irish Legal 100. The 12th Annual celebration took place at the residence of the Ambassador of Ireland to the United States, His Excellency, Daniel Mulhall in Washington, D.C. on Thursday, October 24, 2019.

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Recent Changes to Massachusetts Cannabis Regulations

The Massachusetts Cannabis Control Commission (CCC) recently released final revised recreational-use regulations, following a lengthy public hearing and comment review process.  The revised regulations (Revised Rules) will take effect after they are filed with the Secretary of State.  Key elements of the Revised Rules include:

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Gregory J. Weinig to Present at ACTEC Mid-Atlantic Fellows Institute

Connolly Gallagher Trusts & Estates partner Gregory J. Weinig will present on “Representing Fiduciaries” at the American College of Trust and Estate Counsel (“ACTEC”) Mid-Atlantic Fellows Institute in Philadelphia on November 7, 2019.

The Mid-Atlantic Fellows Institute was created to develop the  profession’s future leaders through a series of in-depth educational presentations led by outstanding subject matter experts in each field.  Upon completion participants are recognized as Graduates of the Institute.

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Bill Aimed at Removing Authority from NLRB Introduced in the Senate

On October 24, 2019, Senator Mike Lee (R-UT) introduced the Protecting American Jobs Act.  The bill, cosponsored by Senators Tom Cotton (R-AR), Rand Paul (R-KY), Marsha Blackburn (R-TN), Ted Cruz (R-TX), and Marco Rubio (R-FL), would significantly amend the National Labor Relations Act (“NLRA”) by removing much of the authority currently held by the National Labor Relations Board (“NLRB” or “Board”).

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NYCCHR Issues Guidance on Discrimination Based on Immigration Status and National Origin

The New York City Commission on Human Rights (“the Commission”) published a legal enforcement guidance (“Guidance”) clarifying its standards with respect to discrimination based on actual or perceived immigration status and national origin. The Guidance applies to employers, housing providers, and providers of public accommodations.

As the Guidance explains, “[d]iscrimination based on immigration status often overlaps with discrimination based on national origin and/or religion.” Under the New York City Human Rights Law (“NYCHRL”), employers with four or more employees are prohibited from discriminating on any of these bases against job applicants, employees, interns and independent contractors.

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Mandatory to Give Reasons for Refusal of Trade Mark Registration

In a recent judgement delivered by the Delhi High Court vide its order dated October 16, 2019 in the case of Intellectual Property Attorneys Association vs The Controller General of Patents, Designs & Trade Marks & Anr. [W.P.(C) 3851/2019], the High Court has observed and clarified that the Registrar of Trade Marks (“Registrar”) is duty bound to send a copy of the order containing the grounds for conditional acceptance or refusal of the application for registration of trade marks under the Trade Marks Act, 1999 (“Act”).

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Better work-life balance for EU parents and carers

The EU Work – Life Balance Directive, which recently came into force, has the aim of creating a better labour environment, and equality between men and women with regard to labour market opportunities and treatment at work, and thus enabling “the reconciliation of work and family life for workers who are parents or carers”.

EU Work – Life Balance Directive

Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (the “Directive”) has come into force, setting a deadline of 2 August 2022 for the transposition of its provisions into the national legislations of the EU Member States.

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Brigitte Garceau admitted as Fellow of the IAFL

October 30, 2019 — Brigitte Garceau, from our Family Law Practice Group, has been admitted as Fellow of the International Academy of Family Lawyers.

“IAFL is a worldwide association of practising lawyers who are recognised by their peers as the most experienced and skilled family law specialists in their respective countries. The Academy was formed in 1986 […] to improve the practice of law and administration of justice in the area of divorce and family law throughout the world.” Membership is by invitation only: candidates must demonstrate their credentials and expertise to the Board of Admissions before being invited to join as Fellows.

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Joint authorship of copyright: UK Court of Appeal tears up the script

A dispute concerning the screenplay for the 2016 Hollywood biographical comedy “Florence Foster Jenkins” (FFJ) – a film about a tone-deaf New York socialite who labours under the delusion that she is a talented opera singer – has this month produced a Court of Appeal decision centering on the parties’ own adjustment to reality. Apart from highlighting a perhaps lesser-considered pitfall of working with your other half, the judgment emphasises the practical difficulties of applying the test of joint authorship in English copyright law.

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