The fact that an entity to be acquired is going through a bankruptcy process does not change the filing requirements under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”). However, if the entity is going through a bankruptcy under Section 363(b) of the Bankruptcy Code (11 U.S.C. §363(b)), the HSR process is governed by a 15-day waiting period, as opposed to the 30-day waiting period that applies to transactions that are not occurring under Section 363(b) of the Bankruptcy Code.
On August 10, 2018, Governor Baker signed into law the Massachusetts Non-Competition Agreement Act. Taking effect on October 1, 2018, the Act imposes significant limitations and requirements on non-competition and forfeiture for competition agreements for employees and independent contractors who reside or work in Massachusetts.
Arguably, the very first workplace regulation, dating back thousands of years, was one involving wage and hour issues—the mandatory day of rest. While much has changed over the great many years since then, the centrality of work in our economy, and indeed our daily lives, has not. Today, more than ever, understanding and adhering to the rules governing workers’ hours and pay is a key responsibility of every employer.
Retailers with physical presence in Illinois have long been required to register and collect Illinois sales and use tax. However, beginning October 1, 2018, use tax registration and collection will also be required for retailers who (1) make sales from locations outside Illinois to customers in Illinois; (2) do not have physical presence in Illinois; and (3) meet either of the following “Threshold Requirements”:
Royal Oak, Michigan, September 27, 2018: Howard & Howard Attorneys PLLC is pleased to announce that Adam R. Ellis has joined the firm. He will practice out of the firm’s Las Vegas office.
Are we skiing on leased or licenced land?
In Living and Leisure Australia Ltd v Commissioner of State Revenue  VSCA 237, the Full Court of the Supreme Court of Appeal had to consider whether the Taxpayer was the owner of Crown land as lessee under an alpine lease at Falls Creek. In this case, the legal characterisation of the occupancy rights would determine whether the Taxpayer should be chargeable with land tax being the lessee with exclusive possession of Crown land in accordance with sections 10 and 79 under the Land Tax Act 2005 (Vic) or alternatively, not chargeable with land tax if the lease was in fact a mere licence.
Yes, it is that time of the year again! If you have entered into a franchise agreement in the past financial year and/or intend to enter into any new franchise agreements in the coming financial year, it is time to make sure your disclosure document is current.
On June 12, 2018, an amendment to art 123.7 of the Labour Standards Act came into force, extending the me limit to file a complaint for psychological harassment from 90 days to two years from the last occurrence of the offending behaviour. We highlighted this in our July 3, 2018 newsletter.
In a recent decision (Ville de Longueuil c. Environnement Rouer NRJ inc., 2018 QCCS 3102), the Superior Court seems to have determined that a plainff is entled to the extra costs of bringing a structure up to standards aer it has been damaged. But is itreally so?