Monthly Archives: January 2020

Brigitte Garceau’s Community Involvement Gets Recognized

January 15, 2020 — For several years now, Brigitte Garceau has selflessly devoted her energy to the West Island’s philanthropic organizations. For instance, she is legal counsel and a board member of the West Island Women’s Shelter, and has helped create its “Pumps & Pearls” annual gala.

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The New Year Brings New Guidance on FLSA Issues from the U.S. Department of Labor

In its first installment of opinions letters in 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the context of per-project compensation arrangements and (ii) calculation of overtime pay for employees who receive nondiscretionary lump-sum bonus payments earned over time and not tied to a specific period.  (A third letter, FMLA2020-1-A, considered FMLA requirements vis-à-vis public employees.)  While neither of these FLSA opinion letters addresses controversial or novel issues, they offer useful guidance to employers facing similar scenarios and helpfully reiterate general principles of broad applicability.

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RSS Introduces its Recruits for 2020

January 15, 2020 — Year after year, RSS remains as appealing as ever for lawyers looking to practice in the ideal professional atmosphere. Over the last months of 2019, a number of top-quality recruits joined our team:

Maro Coric, a partner with 15 years of experience regarding coverage issues and who has specific expertise regarding cyber matters, now practices in our Montréal office;

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ILN Firm of the Month – Joseph Shem Tov & Co., Israel!

The ILN is proud to announce our latest firm of the month, Joseph Shem Tov & Co., Israel!
Joseph Shem Tov & Co. is a one-stop shop business law firm located in Ramat Gan next to the Tel Aviv stock and diamond exchanges, right in the beating heart of Israel’s business center. The firm provides premium legal services for corporate and private clients in Israel and abroad, including many publicly traded companies, well-established private companies, start-ups and entrepreneurs busy developing the new and ingenious ideas and technology that Israel is famous for. The Israeli business environment is one that takes to heart constant innovation, determination and dedication, all of which characterize Joseph Shem Tov & Co. The firm provides a perfect blend of law and business to its roster of clients with whom it builds long lasting, meaningful and perfectly tailored relationships. The firm’s team of lawyers takes pride in delivering exceptional services based on years of professional expertise. The firm is international in its outlook, seeking to establish relationships and cooperation with like-minded firms and service providers around the world.
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Is BURNS NIGHT OFF KILT-ER?: Scotch, Trademarks & Distilling American Meanings

Within a year after the 1787 Edinburgh edition of his poems, American editions…were published in both Philadelphia and New York. Ever since we [Americans] have adopted the beauty, the humor and the wisdom of Robert Burns as part of our own culture and our own idiom—-often, even usually, without knowing the source in Scotland’s ploughman poet.

[Montgomery, James M. (1998) “How Robert Burns Captured America,” Studies in Scottish Literature: Vol. 30: Iss. 1, at 237 (emphasis added)].

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What Employers Should Know About the SECURE Act’s Lifetime Income Provisions

Predictable lifetime income is often of paramount concern to retirees.  Yet, as employer-sponsored retirement plans have moved away from the traditional pension plan model, participants in defined contribution plans may be faced with managing their own account balances and plan distributions, which may not lead to a steady stream of lifetime income in retirement.  The Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”), signed into law on December 20, 2019, may aid in securing retirements.   Employers who sponsor defined contribution retirement plans, such as 401(k) plans, now have: (1) new participant disclosure obligations; (2) the ability to adopt certain portability design features related to lifetime income investment options; and (3) guidelines to encourage inclusion of lifetime income investment options in plan investment line-ups.

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Non-Solicitation Agreements: Court Finds Financial Professionals Have a Duty to Notify Clients About a Change of Employment

Our colleague Janene Marasciullo, a Member of the Firm at Epstein Becker Green, has a November 2019 post on the Trade Secrets & Employee Mobility blog that will be of interest to many of our readers in the financial services industry: “Enforcing Non-Solicitation Agreements Against Financial Professionals: A Court Finds Financial Professionals Have a Duty to Notify Clients About a Change of Employment.”

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Federal Court Extends TRO to Enjoin Enforcement of New California Arbitration Statute

As we recently wrote here, on December 29, 2019, just days before California’s new arbitration statute known as AB 51 was to go into effect, a federal judge in the United States District Court of the Eastern District of California granted a temporary restraining order (“TRO”) to enjoin enforcement of AB 51.

The new law, which was set to go into effect on January 1, 2020, would outlaw mandatory arbitration agreements with employees.

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Your Compass for Navigating Claims in a Hard Market

An increase in underwriting discipline has seen a rise in premiums and reduction in the availability of cover for professional indemnity (PI) insurance. Aoife Skehan navigates PI claims in a hard market

In Brief: Insurers have started to take steps to return to underwriting profitability which has resulted in a hardening of the market, causing contraction in the availability of coverage as well as premiums to rise, particularly for PI risks. Insurers and their insureds will require a defence panel firm which can navigate changing claims behaviours in this market. Careful policy coverage investigations are necessary which include robust assessments of liability and quantum, timely conclusion of claims and value for money.

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Legal Updates 2020-01-12

On July 9, 2019 the Plenum of the Supreme Court of the Russian Federation approved the Resolution. №4 “On the application of private international law by the courts of the Russian Federation” (hereinafter – the Resolution). The Resolution contains clarifications on most practical issues regarding the procedure of the choice of applicable law by courts while resolving disputes complicated by a foreign element. The Resolution, particularly, explains the following issues:
1. The concept of a foreign element
The Resolution specifies that the list of foreign elements given in para 1  Art. 1186 of the Civil Code of the Russian Federation is not exhaustive. –In particularan act committed abroad or occurrence of an event (legal fact) outside the Russian territory might be considered as foreign element.
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