News

John M. Hessel Named 2020 “Lawyer of the Year” for Litigation – First Amendment

Lewis Rice is proud to announce that The Best Lawyers in America® has named Lewis Rice member John M. Hessel as “Lawyer of the Year” for Litigation – First Amendment for 2020 in the St. Louis metropolitan area. This is the seventh time in the past 10 years that John has received the “Lawyer of the Year” award. He previously received the “Lawyer of the Year” award for Municipal Law in 2011, 2013, 2015, and 2016 and for Litigation – First Amendment in 2014 and 2018. Best Lawyers has also included him in its annual list every year since 2009 for Commercial Litigation, Municipal Law, Litigation – Municipal, and Litigation – First Amendment.

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Tax Traps for Foreign Real Estate Investors

Bill Griffin‘s article, “Tax Traps for Foreign Real Estate Investors,” was published in the September issue of SumNews. The article identifies some of the most common areas where nonresident foreign investors may need specialized tax advice to avoid costly mistakes.

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Department of Family and Medical Leave Provides Further Guidance on the Massachusetts Paid Family and Medical Leave Act

On October 1, 2019, the payroll tax for the Massachusetts Paid Family and Medical Leave Act (PFML) will go into effect, following a three-month delay to give employers more time to prepare for the rollout of the program and for the newly created Department of Family and Medical Leave (the Department) to provide further guidance on the law. Two points on which the Department provided further guidance are discussed below.

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ILN members collaborate outside of the network

Susan Gross Sholinsky of Epstein Becker Green and Jennifer Smuts of Connolly Gallagher LLP are both involved in 2020 Women on Boards, a campaign to increase the percentage of women on U.S. Boards of Directors to 20% or greater by the year 2020. Both women are co-chairs of their respective cities and have planned the National Conversation on Board Diversity events for later this year. 2019’s National Conversation is taking places in almost 40 cities, including Boston, Chicago, Detroit, Houston, Los Angeles, Nashville, New York, San Francisco, Tampa, Washington, D.C. and Wilmington. During this event, thousands of C-Suite and senior executives will discuss the topic “Now Is the Time: How Can We Held Each Other and Seek Allies to Find a Corporate Board Seat?”

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IBC proceedings maintainable against a company whose name has been struck off by the Registrar of Companies

 

The Hon’ble National Company Law Appellate Tribunal (“NCLAT”) has held that the Corporate Insolvency Resolution Process (“CIRP”) can be initiated against a company whose name has been struck off by the Registrar of Companies (“ROC”) on an application filed under section 7 or section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) by any creditor or workman of such company.

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California Supreme Court Holds That Employees Cannot Recover Allegedly Unpaid Wages in Lawsuits Brought Under PAGA

We have frequently written about California’s Private Attorneys General Act (“PAGA”), a unique statute that allows private individuals to file suit seeking “civil penalties” on behalf of themselves and other “aggrieved employees.”

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Howard & Howard Continues Expansion of Chicago Office; Welcomes Three New Attorneys

Royal Oak, Michigan-based law firm Howard & Howard recently welcomed Christopher A. Cali, Daniel A. Cotter, and Tejal S. Desai. Expanding the firm’s corporate and business litigation practices, all three will practice out of the Chicago, Illinois office.

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Howard & Howard Congratulates Attorneys Named to Best Lawyers®2020

Royal Oak, Michigan-based law firm Howard & Howard is pleased to announce that thirty-one of our attorneys were selected for inclusion in The Best Lawyers in America© 2020. Lawyers named to the publication were recognized by their peers in the legal industry for their professional excellence in 146 practice areas. For the 2020 Edition of The Best Lawyers in America©, 8.3 million votes were analyzed, which resulted in the inclusion of more than 62,000 lawyers, or approximately 5% of lawyers in private practice in the United States.

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OIG Approves Per-Click Fee Arrangement for Online Healthcare Directory

On September 10, 2019, the Office of Inspector General of the Department of Health and Human Services (“OIG”) published Advisory Opinion 19-04.  In this favorable opinion, OIG approved a technology company’s proposal to make its online healthcare directory search results visible to federal healthcare beneficiaries in locations where the company charges the healthcare professionals a per-click or per-booking fee to be included in the directory.  It also approved the company’s proposal to make sponsored advertisements that appear on its online healthcare directory and on third-party websites visible to federal healthcare beneficiaries.

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Privacy Regimes for Protecting Biometric Information

Enforcement of biometric privacy laws has been on the rise, starting with the Illinois case Rosenbach v. Six Flags (discussed in a January alert), which held that statutory non-compliance with the Illinois Biometric Information Privacy Act (BIPA) constitutes sufficient injury to permit suits for damages and injunctive relief. The acquisition of biometric information also is being scrutinized under the European Union’s (EU’s) General Data Protection Regulation (GDPR), with the Swedish Data Protection Authority recently issuing a $20,650 fine to a school that used biometric facial recognition technology to record attendance.

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