Davis Malm is pleased to announce that firm president Amy L. Fracassini was elected to the International Lawyers Network’s (ILN) Board of Directors. Ms. Fracassini was inducted to the 16-member Board on June 1, 2018 at the ILN annual meeting in Toronto, Canada.
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.
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.
If you haven’t had the opportunity to read retired soccer player, Abby Wambach’s remarks to the graduates of Barnard College, it’s worth taking a few minutes to give them a read. Wambach’s speech, and the discussion that we recently had at our Annual Conference with facilitator Wendy Merrill of Strategy Horse, which incorporated the concept of finding your “why?” are both things that have resonated deeply with me over the last few months. The idea of finding your “why?” focuses on digging down into the reason behind everything that you do, so that you give a purpose to it – it will be the driving force behind why your clients hire you, why you practice law, why other lawyers want to join your firm, and why young lawyers want to come into and stay with your practice.
The Danish implementation of the Trade Secrets Directive – does the new law benefit the owners or the infringers?
As of June 9, 2018, an entirely new Law has been implemented in Denmark, namely the Danish Act on Trade Secrets, which implements the Directive of the European Parliament and the Council on protection of trade secrets (hereinafter “the Directive”). The new law replaces paragraph 23 in the Danish Marketing Act, which up until now has been the primary legislative guard against unlawful use of trade secrets, of course supplemented by case law.
On 25 May 2018, Judge Levy handed down a decision in favour of the insurer, who was joined as a defendant to the proceeding under section 119 of the Motor Accidents Compensation Act 1999 (Act).
Funds & financial products
Client Money Reporting Rules Enforcement Powers Regulations registered
On 8 June the Corporations Amendment (Client Money Reporting Rules Enforcement Powers) Regulations 2018 (Cth) was registered.
At present, the direction of medicine, such as telemedicine, becomes more and more known and the number of questions about the procedure of providing medical assistance using telemedicine is also growing.
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?
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.