ILN Today Post

Keeping up with the influencers

When it comes to people described as “social media influencers,” the first names that likely come to mind are the many members of the Kardashian/Jenner families — most notably Kim Kardashian. They have capitalized on reality television notoriety and turned it into a significant income stream by being paid to recommend products on their various social media platforms.

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ILN Today Post

10 Stradling Attorneys Named to 2018 Super Lawyers List

Stradling is pleased to announce that 10 of its lawyers have been recognized as 2018 Super Lawyers:

Sarah Brooks – Intellectual Property Litigation
Jason de Bretteville – Criminal Defense: White Collar
Bruce Feuchter – Securities & Corporate Finance
Paul Glassman – Bankruptcy: Business
Richard Goodman – Business Litigation
Chris Ivey – Securities & Corporate Finance
Karla Kraft – Business Litigation
James Richman – Real Estate
Marc Schneider – Securities Litigation
Craig Taggart – Securities Litigation

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Open and transparent sale processes required for the sale of agricultural land to foreign investors

Over the last 18 months or so each notification to Australia’s Foreign Investment Review Board (FIRB) of a proposed acquisition of agricultural land by a foreign person has been met with requests from FIRB for increasing levels of detail regarding the marketing campaign undertaken in relation to the land, the extent to which potential Australian purchasers had an opportunity to bid for the land, and how the proposed foreign investor was chosen as the successful bidder.

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SCC Provides Guidance On When Costs Should Be Awarded Against Lawyers Personally

In a decision that was unsettling to many lawyers – Quebec (DCPP) v. Jodoin [2017] 1 SCR 478 – the Supreme Court of Canada upheld a lower court’s decision to award costs against a lawyer personally in a criminal proceeding.
 In April 2013, a criminal lawyer Jodoin, was representing ten clients charged with impaired driving, and other charges.  There were twelve cases and they were jointly scheduled for a hearing in the Court of Quebec on a motion for disclosure of evidence.  On the morning of the hearing, Jodoin had the office of the Superior Court stamp a series of motions for writs of prohibition in which he challenged the jurisdiction of the judge who was to preside over the hearing, alleging bias on the judge’s part.  As an experienced criminal lawyer, Jodoin knew that the filing of such motions would result in the immediate postponement of the hearing until the Superior Court had ruled on them.
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Shall I stay, shall I move… and what about the relocation allowance?

February 2, 2018 — In an earlier bulletin (“Shop elsewhere: it’s cheaper!”), we reminded that the duty of loyalty, implicit in any employment agreement under article 2088 of the Civil Code of Quebec, requires the employee’s constant and flawless honesty with the employer. Severe breaches from this duty may lead to dismissal, as seen in an arbitration award issued last November (Bautista et WestJet Operations Corp., 2017 QCTA 872).

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Payment for Sick Time Not Considered “Wages” Under Massachusetts Law Continue Reading…

In Tze-Kit Mui v. Massachusetts Port Authority, Massachusetts’ highest court held that Massachusetts law does not require employers to pay departing employees for accrued, unused sick time within the timeframe prescribed for “wages,” as the term is defined by the Massachusetts Wage Act.

In reaching its decision, the Court analyzed the plain meaning of “wages” under the Act and concluded that the legislature did not intend that “wages” would include sick time. The decision removes a significant concern for Massachusetts employers who are strictly liable for treble damages — and can face criminal liability —  for failing to pay wages in a timely manner.

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ILN Today Post

Sunshine Act Mineiro

Conforme disposto na Lei 22.440/2016 e no Decreto 47.334, devem ser declaradas ao Governo do Estado de Minas Gerais, anualmente, quaisquer relações que configurem potenciais conflitos de interesses, mantidas no ano anterior entre profissionais de saúde e matrizes e subsidiárias de empresas que atuem nos diversos segmentos da indústrias de medicamentos, órteses, próteses, equipamentos e implantes.

O formulário digital que deve ser usado para o envio das informações foi disponibilizado no sítio eletrônico da Secretaria de Estado de Saúde no dia 23/01 e as empresas terão até o dia 28/02 para enviar as declarações relativas ao ano de 2017.

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Flammable cladding: important issues for occupiers to consider

Occupiers must be alert to changes to lending and insurance requirements as a result of the Grenfell Tower tragedy.  The fire initiated the largest review of health and safety legislation in the UK since 1945.  Two inquiries are currently underway which are expected to lead to substantial changes to building regulations and fire safety, with a public inquiry investigating the causes of the fire.

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Out of time Inheritance Act claims: lessons from the Sargeant case

Mrs Mary Sargeant’s case is a classic example of why advisers of bereaved widow(er)s are ideally placed to help their clients consider whether sufficient provision has been made for them under their deceased spouse’s Will.  The problem, as Mrs Sargeant found out, is that this is sometimes not obvious even a number of months after their spouse’s death.  However, the law places restrictions on how long bereaved spouses can take to try to improve their financial lot if insufficient provision has been made for them.

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Living overseas doesn’t mean you aren’t domiciled in England

In a useful reminder for parties who might not otherwise consider themselves to be subject to English jurisdiction, in the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdiction.

The court held that the defendant was domiciled in England, although he was a Russian national who had always been resident in Russia, had a “family home” in Moscow, was tax domiciled in Russia, ran his business from Russia, spent about 200 days of the year in Russia and had no business assets in England.

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