Monthly Archives: June 2020

Bailiff Services: Issuing and Filing of Proceedings in Non-urgent Matters Is Now Allowed

By Mariella De Stefano, from our Insurance Law Practice Group

June 3, 2020 — As you may know, the activities have gradually resumed at the court houses in Quebec as of June 1, which is great news for the legal community as well as for citizens. Each judicial district is however distinct with respect to issuing and filing of proceedings.

With respect to the judicial districts of Montreal, Longueuil and Salaberry-de-Valleyfield, it is now possible for bailiffs to issue and file at the counter of the court houses proceedings associated with non-urgent matters. This is still not the case in Laval and Saint-Jérôme; however, we continuously verify, as the situation is in constant evolution.

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India Update: Indian Government Institutes Community and Workplace Safety Guidelines for Phased Re-Opening Following the COVID-19 Lockdown

As we previously reported, in response to the COVID-19 pandemic, the Indian government invoked special provisions of the Disaster Management Act, 2005 (the “DMA”) to implement a series of orders under the DMA (“Orders”) imposing a nationwide lockdown. The Indian national lockdown went into effect on March 25, 2020 and was extended several times, until May 31, 2020.

The initial lockdown Orders included strict directives for employers. The employment provisions of the orders (the “Employment Provisions”) prohibited employers from terminating any employees or contract labor during lockdown, except for disciplinary reasons. In addition, the Employment Provisions barred employers from reducing employees’ wages. The Employment Provisions also addressed specific issues that affected employers and employees during the lockdown, including (i) maintenance of the workforce, (ii) prohibition against forced use of paid leave or taking of unpaid leave, (iii) permissibility of medical checks, and (iv) sick time for employees with COVID-19.

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Best Lawyers 2021 Rating Names 7 Lidings’ Partners Top Lawyers in Russia

Best Lawyers, an international legal directory annually identifying the most prominent lawyers around the world by analyzing their professional skills and achievements during the year, once again lists Lidings’ experts among the best lawyers in Russia.

Based on the results of the new research 7 Lidings’ partners are recognized among the top legal advisors in 11 key practice areas in the country.

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ILN Today Post

NEW REGULATION: INFECTIOUS DISEASE EMERGENCY LEAVE

Ontario Regulation 228/20: Infectious Disease Emergency Leave was filed under the Employment Standards Act, 2000 (the “Act“) on May 29, 2020 to address certain workforce changes that have arisen due to the COVID-19 pandemic. Non-unionized employees who have had their hours reduced or eliminated as a result of the COVID-19 pandemic will be deemed to be on Infectious Disease Emergency Leave, which is unpaid, job-protected leave. The Regulation applies throughout the COVID-19 period, which is from March 1, 2020 until the date that is six weeks after the day that the emergency is declared terminated.

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Law Firm ILN-telligence Podcast | Episode 4: Pavla Kopeckova Prikrylova | PETERKA & PARTNERS

In our fourth episode of the Law Firm ILN-telligence Podcast, we welcomed Pavla Kopeckova Prikrylova, who is a partner with PETERKA & Partners, a Central and Eastern European Law Firm, as well as the chair of the International Lawyers Network. In this episode, we discussed why it is more essential than ever for lawyers to be true business advisors for their clients, what the rule of law means in a post-Communist country, and the benefits of working for an agile mid-sized firm when facing a pandemic.

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Connecticut Trade Secret Laws: Q&A Guide for Employers

Thomson Reuters Practical Law has released the 2020 update to “Trade Secret Laws: Connecticut,” a Q&A guide to state law on trade secrets and confidentiality for private employers, co-authored by our colleagues David S. Poppick and Carol J. Fahertyattorneys in Epstein Becker Green’s Stamford office.

Click here to download the full Q&A in PDF format.

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Acceptable Use of CARES Act Provider Relief Funds – Salary Limitation Update

In a previous post, we discussed the appropriate use of the Provider Relief Funds authorized and appropriated by Congress under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, Public Health and Social Services Emergency Fund (“Relief Fund”) for healthcare providers and facilities. Within that post, we specifically discussed the limitation imposed on use of the Relief Funds for payment of salaries, a topic of great interest to many recipients. Under the Terms and Conditions, recipients are prohibited from using the funds for salaries in excess of the Senior Executive Service Executive Level II amount – an annual salary of $197,300 – or $16,441 a month. We noted that, although the Department of Health and Human Services (“HHS”) had not spoken to this requirement with respect to the Provider Relief Funds, HHS permits other HHS grant Recipients to pay individuals’ salaries in excess of the $197,300 limit with non-federal funds.[1] Also, HHS’ federal contract regulations similarly limit use of federal contract funds for salary costs to the Executive Level II amount, but allow for amounts in excess of that limit to be paid with non-federal funds.[2]

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Can Patent Claims be Cancelled Based on Indefiniteness by the PTAB during an IPR?

For the Patent and Trail Appeal Board (“PTAB”), the PTAB allows a petition for inter parties review (“IPR”) to request cancellation of claims in a U.S. patent.  For an inter parties review of a patent, the PTAB institutes review and determines if claims of a patent are unpatentable.  Can the PTAB cancel claims based on indefiniteness during an IPR?  The answer is NO!

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June 2020 Immigration Alert

USCIS Resumes Premium Processing

USCIS has announced here that beginning the month of June 2020, it will again start accepting certain petitions for premium processing.  Premium processing was indefinitely suspended as of March 20, 2020, due to the Covid-19.

Premium processing allows (1) nonimmigrant petitions filed on Form I-129 that are reserved for H-1B, L-1A/B, O-1, and TN work authorization and (2) immigrant petitions filed by employers on behalf of foreign national employees on Form I-140 to be adjudicated within fifteen calendar days of USCIS receipt of the premium processing application request.  The application is filed on Form I-907 and requires payment of the $1,440 USCIS filing fee.

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Connecticut’s Plan to Reopen Businesses

Introduction

On April 30, 2020, Governor Ned Lamont released a four-stage plan to reopen business in Connecticut when the following conditions were met: (1) sustained 14-day decline in hospitalizations; (2) adequate testing capacity; (3) contact tracing system in place; and (4) sufficient personal protection equipment (“PPE”).  Governor Lamont identified May 20 as the tentative reopening date.

Meanwhile, on May 9, the Connecticut Department of Economic and Community Development (“DECD”) issued detailed rules for the business sectors that are permitted to reopen as part of Phase 1 reopening plans.  The rules stated that the safeguards will “gradually loosen” as a defined set of public health metrics are met, which is expected to occur “over the coming months through September 2020.”

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