News

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.

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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.

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Ontario Court of Appeal Declines to Clarify When Judges Can Impose Fines Below Statutory Minimum

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.

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Act Now Advisory: New York Wage Deduction Rules

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.

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RSS succeeds in having a $55-million liability claim dismissed before the Supreme Court

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?

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Howard & Howard Expands Metro Detroit Office

Royal Oak, Michigan, December 11, 2018:  Howard & Howard Attorneys PLLC is pleased to announce that Richard J. Cantor has joined the firm. He will practice out of the firm’s Royal Oak office.

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Pravo.ru–300 Rating Confirms Lidings’ Leading Position Among Best Legal Advisors in Russia

Lidings once again takes leading positions in the rating of the legal advisors in Russia based on the analytical research by the Pravo.ru-300 annually reflecting on the latest tendencies in the country’s legal market, highlighting the key players’ achievements based on their practical expertise and financial performance.

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Aanbestedingsrecht en de opdracht, hoe zit het ook al weer?

De opdracht

Binnen het aanbestedingsrecht zijn er veel aspecten die interessant zijn om juridisch te beschouwen. De vraag of en hoe een aanbestedende dienst een opdracht moet aanbesteden, begint echter bij de vraag of de betreffende ‘opdracht’ wel kwalificeert als een aanbestedingsplichtige opdracht.

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FDA Reexamining Communication Practices with Investigational New Drug Sponsors

On November 19, 2018, the FDA submitted a proposal to the White House Office of Management and Budget (OMB) to approve a review that will assess current communication practices between FDA review staff and Investigational New Drug (IND) sponsors.  The FDA has contracted with Eastern Research Group (ERG) to determine whether the current mode of communication between these parties needs to be adapted moving forward.  Depending on the results of this review, communication practices and requirements could be altered, which might have an effect on the IND application process. Possible modifications might occur that could assist in removing communication bottlenecks hindering approval timelines.

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Will Brexit affect the validity of a contractual English law clause?

The national law, which governs a commercial contract and will be applied in the event that parties end up in a dispute over their obligations, is currently determined under the rules of the Regulation (EC) No 593/2008. Known as the Rome I Regulation, its rules stipulate that the courts of all EU member states will recognise and enforce whatever the commercial parties have agreed in respect of applicable laws. It is not uncommon that contract litigation pending in an English court will be decided in line with the rules of foreign laws, if that is what the parties have agreed. Most international trade contracts will contain a series of clauses. Will the existing options be affected by Brexit, and how will Brexit impact on future contracts?

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