News

Vermont Enacts Sweeping Sexual Harassment Prevention Law

Our colleagues  at Epstein Becker Green have a post on the Retail Labor and Employment Law blog that will be of interest to our readers in the hospitality industry: “Vermont Enacts Sweeping Sexual Harassment Prevention Law.”

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What are the obligations of a pre-purchase inspector?

While for some the pre-purchase inspecon is essenal when purchasing a home or building, others feel it is of lile use considering the various limitaons to the inspector’s mandate. Let us first review some basic principles, in light of a recent judicial decision.

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World Elder Abuse Awareness Day – helping the elderly to protect themselves

Mr Smith* loaned money to his son-in-law, Mr Green*, to help him fund the deposit to buy a home. In Mr Smith’s mind, he was helping his relative and, although Mr Green was the only person registered on title, Mr Smith also regarded himself as a co-owner and as having a share in the equity of the house. After the home was purchased, Mr Smith lived in the home solely and paid money to Mr Green each month, which Mr Smith considered was his contribution towards the mortgage. Mr Green subsequently stated that he considered the loan to be a gift and the regular ongoing payments to be rent. When the relationship soured and Mr Green sought to evict Mr Smith, telling Mr Smith he was a tenant, Mr Smith was left feeling betrayed, facing major financial disadvantage and the possibility of homelessness.

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AT&T/Time Warner Merger Approval Will Spur Vertical Mergers in Health Care

Tuesday’s decision by Judge Richard Leon of the U.S. District Court for the District of Columbia categorically approving the merger of AT&T and Time Warner, without imposing any conditions or limitations and rejecting granting a stay for appeal purposes, will, unless blocked if there is an appeal, open the way for a series of pending vertical merger deals.

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INDIAN EXTRADITION LAW – PROCESS FOR SEEKING EXTRADITION OF PERSONS FROM FOREIGN STATES

International and cross border crimes pose a unique challenge with regard to detection, arrest, extradition and trial. With the syndicated crimes including crimes by terrorist and drug cartels as well as individual criminal offences on the rise, it has become increasingly important for every country to define its rights and obligations in combating international crime and to lay down the due process of law in seeking arrest, interrogation, surrender and transfer of suspected individuals and eventual trial and conviction. Towards this goal, most countries have adopted extensive extradition framework. In the recent past India has also suffered setbacks with many fugitives leaving India to avoid criminal prosecution (Nirav Modi, Mehul Choksi, Vijay Mallya to name a few) and this article seeks to address the principles of Indian extradition laws with regard to arrest and transfer of fugitives from abroad.

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Charles Flam and Patrick Henry honoured by the Litigation Counsel of America

June 13, 2018 — RSS is proud to announce that Charles E. Flam, the firm’s Managing Partner, and Patrick Henry, a member of our Insurance Law Practice Group, have been named Senior Fellows of the Litigation Counsel of America.

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Supreme Court Prevents Successive Class Actions from Reviving Time-Barred Claims Continue Reading…

In most wage and hour cases, each workweek gives rise to a separate claim, at least for statute of limitations purposes. Thus, an employee seeking payment for alleged off-the-clock work or an independent contractor claiming misclassification and entitlement to overtime ordinarily may seek back wages and related recovery only for work performed within a set amount of time—usually two to six years preceding the filing of the complaint, depending on the jurisdiction—preceding the filing of the complaint. But what happens to the statute of limitations when a plaintiff tries to bring a class action under state law, the court denies class certification, and a new plaintiff seeks to bring a subsequent class action presenting the same claims?

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U.S. Supreme Court Finds that Class Action Waivers in Employment Arbitration Agreements Are Enforceable

Following six years of uncertainty, employers now have assurance that class action waivers in arbitration agreements are enforceable and do not violate the National Labor Relations Act (NLRA). Since 2012, many employers who had entered into written agreements with employees to individually arbitrate employment disputes such as wage-hour claims, found certain courts disregarding such arbitration agreements and thereby allowing employees to bring class and collective actions regarding employee disputes. In a 5–4 decision, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, Case No. 16-285, resolved this uncertainty, holding that the Federal Arbitration Act (FAA) encourages enforcement of arbitration agreements and that agreements to arbitrate disputes through individualized arbitration proceedings do not violate the NLRA. Employees who have entered into class action waivers with their employers can no longer use the NLRA as a basis to evade their agreement to individually arbitrate their employment disputes.

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Yew Grove Admitted to Stock Exchange

Congratulations to Yew Grove, a newly incorporated Irish Real Estate Investment Trust, that acquired the issued share capital of Yew Tree Investment Fund, which was admitted to trading to both the Alternative Investment Management, LLC of London Stock Exchange Group (LSEG) and the Euronext Enterprise Securities Market of the Irish Stock Exchange on Friday.

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The Generally Prevailing Website Accessibility Guidelines Have Been Refreshed – It’s Time to Officially Welcome WCAG 2.1

After nearly ten years, on Tuesday, June 5, 2018, the World Wide Web Consortium (the “W3C”), the private organization focused on enhancing online user experiences, published the long awaited update to its Web Content Accessibility Guidelines 2.0 (“WCAG 2.0”), known as the WCAG 2.1.  Those who have been following along with website accessibility’s ever-evolving legal landscape are well aware that, despite not having been formally adopted by regulators for the vast majority of the private sector, compliance with WCAG 2.0 at Levels A and AA has become the de facto baseline for government regulators, courts, advocacy groups, and private plaintiffs when discussing what it means to have an accessible website.

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