Arnstein & Lehr selected as Top Ranked Law Firm by Martindale-Hubbell®

Arnstein & Lehr has been recognized as one of the top nationally ranked law firms in the U.S. following our inclusion in the first ever Top Ranked Law Firms™ list released by the Martindale-Hubbell legal directory.  Martindale-Hubbell honors those firms having at least 33 percent of attorneys achieving a Martindale-Hubbell AV® Preeminent™ Rating.   Nearly 40% of Arnstein & Lehr partners have AV® Preeminent™ Peer Review Ratings.   To see a list of each of the firm’s Peer Review rated attorney’s please click here.

Fortune magazine will recognize Arnstein & Lehr, along with other 2012 Top Ranked Law Firms, in its December 26 issue. The Top Ranked Law Firms™ list was created using several criteria, including the number of attorneys at each firm who have earned an AV® Preeminent™ rating by Martindale-Hubbell.

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ILN Today Post

Lommen Abdo’s News You Can Use

Lommen Abdo’s October/November 2011 e-newsletter is fresh off the virtual presses with news about:

  • Minneapolis’ Appellate Lawyer of the Year…Kay Nord Hunt.
  • Seminars hosted for closely held businesses and entertainment industry.
  • NLRB requires new postings.
  • Legislation changes patent priorities.
  • And it’s time to start thinking about Toys for Tots!

And there is a lot more news about Lommen Abdo and our clients. Please click here for more information.


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ILN-terviews: Bill Holder, Clark Wilson

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we chose ILN member, Bill Holder of our member firm Clark Wilson in Vancouver, Canada.

In one sentence, how would you describe your practice?
I am engaged in the practice of business litigation with about 50% of my files involving real estate/commercial tenancy disputes and the other 50% being larger collection matters.

Who would be your typical client?
Real estate developers, commercial landlords/shopping centers, and international creditors.

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Special Immigration Alert: H-1B Filings Approach Quota

As of October 21, 2011, U.S. Citizenship and Immigration Services (USCIS) has received 46,200 petitions that count against the 65,000 H-1B Regular Cap, and 20,000 petitions that count against the 20,000 H-1B Master’s Cap.  This means that, as of October 21, 2011, all new petitions qualifying for the advanced degree exemption will be counted under the regular cap.  USCIS will continue to accept new petitions until it has filled the H-1B Regular Cap.

We anticipate that the pace of H-1B submissions will quicken now that the 2012 cap door is closing.  For this reason, we strongly advise employers to identify, and promptly file, any petitions subject to the H-1B Cap.  This includes F-1 students working pursuant to optional practical training, as well as L-1B employees switching to H-1B status to extend authorized stay due to delays in the green card process.  Any foreign national candidates who do not make it under the 2012 H-1B Cap may not be able to start work, or continue working, until October 1, 2012 – or later!

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HEALTH REFORM: Revisiting the Medicare Shared Savings Program: An Interagency Effort to Promote Accountable Care

On October 20, 2011, the Centers for Medicare & Medicaid Services (“CMS”) released its final rule (“Final Rule”) implementing the voluntary Medicare Shared Savings Program (“Program”) for accountable care organizations (“ACOs”). The Program was established by Section 3022 of the Patient Protection and Affordable Care Act. The Final Rule was released in conjunction with revised antitrust guidance from the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”), as well as with the establishment by CMS and the Department of Health and Human Services’ Office of Inspector General (“OIG”) of several waivers from various fraud and abuse laws. As part of this interagency effort to facilitate participation in the Program, the Internal Revenue Service (“IRS”) also issued a fact sheet regarding nonprofit organizations’ participation in ACOs.

Click here to download the entire alert in PDF format.

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Combining State Court Rule 23 Class Action with Federal FLSA Collective Action

By Evan J. Spelfogel

For several years, employers’ counsel have moved to block the combining of state wage and overtime claims with federal Fair Labor Standards Act (“FLSA”) claims, arguing that Rule 23 opt-out class actions were inherently inconsistent with FLSA collective opt-in actions. For support, they cited to the decision of the Third Circuit in De Asencio vs. Tyson Foods, Inc., 342 F. 3d 301 (3rd Cir. 2003) reversing a district court’s exercise of supplemental jurisdiction because of the inordinate size of the state-law class, the different terms of proof required by the implied contract state-law claims, and the general federal interest in opt-in wage actions. Since De Asencio, numerous district courts in the Third Circuit have dismissed state law wage claims that paralleled FLSA claims because of the “inherent incompatability” between opt-in collective actions and opt-out class actions. 

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National Restaurant Chain Seeks Guidance from U.S. Supreme Court on Tip Credit

By:  Ana S. Salper

With the recent surge in class action wage and hour lawsuits, hospitality employers have developed a heightened sensitivity to tip pooling arrangements, distributions of service charges to employees, and application of the “tip credit.” A case before the U.S. Supreme Court this month, Applebee’s International Inc. v. Gerald A. Fast et al., is likely to add further fuel to the fiery “tip credit” world,  as the high court will have to decide whether tipped employees should be paid minimum wage for nontipped tasks employees perform.

Under the Fair Labor Standards Act (“FLSA”), tipped employees can be paid below minimum wage – as low as $2.13 per hour – so long as employees earn enough tips to reach the minimum wage (which is $7.25 under federal law, although state minimum wages may be higher).  In the case pending before the high court, Applebee’s is asking the Court to decide whether employers can use the tip credit to pay tipped employees — namely, waiters and bartenders — below minimum wage even if they spend more than 20 percent of their time performing nontipped tasks. Applebee’s is challenging a U.S. Department of Labor (“DOL”) rule that requires an employer to pay a tipped employee the regular minimum wage if they spend more than 20% of their work time in a given week performing non-tipped duties. 

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Jerold I. Schneider provides commentary on America Invents Act for Daily Business Review

Arnstein & Lehr Attorney Jerold I. Schneider

Jerold I. Schneider

West Palm Beach Partner Jerold I. Schneider wrote an article entitled “America invests, but who benefits from new patent law?” for the Intellectual Property Special Report appearing in the October 11 issue of the Daily Business Review.  In his article, Mr. Schneider outlines how the America Invents Act now allows profits to go to the first to file for a patent rather than the first to invent the idea.  Now, someone who files for a patent is protected from legal action from the person or company who had the idea first but filed second.  To read Mr. Schneider’s commentary, please click here. The Daily Business Review is the primary source of legal, real estate and financial information for South Florida lawyers and business professionals who engage in deal making, client development and business negotiations.

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Tip for Tuesday – Be Careful with Customer Service

I’m back with another tip for Tuesday!

Today’s tip is brought to you by a rather frustrating customer service experience I’m having, which is further impacted by social media.

The ILN normally gives a small gift to our delegates when they’re attending a conference, as a memento of the city that they’re visiting (we like to give them the warm fuzzies about our group!).  This morning, I’m attempting to order this memento for our next conference, and ran into the snag that they only allow you to order 15 of them.

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ILN Today Post

HOMS News Issue 1 2011

Welcome to the latest edition of HOMS News.

Our Dublin office opened in 2008 and we recently moved offices to larger premises from 14 to 16 Hume Street. We are pleased to provide an insider’s view and introduction through photographs showcasing our new offices.

Since our last edition landmark legislation has been enacted and the courts have decided upon some important cases.

For the full newsletter, please click here.


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