ILN Today Post

New federal tax law spurring state action in the form of legislative mitigation, plaintiff coalitions

In early January, Governing revealed that 25 states are facing budget shortfalls going into 2018, but “[t]hat’s better than the 31 shortfalls [that the government relations firm MultiState] found last January.” The states with high concentrations of oil and natural resource states, mostly in the Midwest and the Northeast, are hardest hit.

The piece noted that for some, like Rhode Island and Vermont, lawmakers should be able to resolve the discrepancies relatively easily. But others, like New York, “may have to consider significant changes to solve their fiscal problems.” New York faces a large deficit, as we described in our piece this week covering Gov. Cuomo’s budget speech.

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California: Governor speaks of persistence against storms

Last week, Gov. Jerry Brown gave his final state of the state speech. Just one sentence in, he asserted, “[s]imply put, California is prospering.” Personal income has grown to $2.4 trillion, from $154 billion in 1975, and 2.8 million new jobs have been created.

In 1975 the governor started the first of two terms that ended in 1984. In 2011, when he began his third term, California faced a $27 billion deficit, and the media disparaged the state without mercy: The New York Times called California “The Coast of Dystopia,” the Wall Street Journal foresaw a “Great California Exodus,” and the Economist of London pronounced the Golden State, “The Ungovernable State,” while Business Insider “simply said: ‘California is Doomed.’”

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New York: Cuomo’s budget speech reflects difficulties and hope

When Gov. Andrew Cuomo gave his state of the state speech on Jan. 3, 2018, he spent much of it lamenting the challenges that New York faces, which, he argued, are made much worse by the federal tax bill that caps the deduction for state and local taxes (the SALT deduction) at $10,000 when not incurred through a trade or business.

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Federal Judge Stays Enforcement of New York City’s Newly-Enacted Fast Food Deductions Law

What happened?

On January 17, 2018, a federal judge stayed enforcement of New York City’s (“City”) recently-enacted Fast Food Deductions Law (the “Deductions Law”). The order, entered by consent, was entered in a lawsuit challenging the law filed against the City by two leading foodservice advocacy organizations (Restaurant Law Center, et al. v. City of New York, et al., 1:17cv9128).  The stay is currently in place until the earlier of the determination of the parties’ dispositive motions or March 30, 2018.

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Is the NLRB’s General Counsel Planning to “Reorganize” the Labor Board’s Regional Directors and Field Offices?

Over the past several weeks there have been conflicting reports concerning what The New York Times described as “a proposal” by Peter Robb, who was sworn in as the National Labor Relations Board’s  (“NLRB” or the “Board”) General Counsel on November 17, 2017, to “demote” the Board’s Regional Directors and career “senior civil servants who resolve most labor cases,” and transfer their decision making authority to “a small cadre of officials installed above them in the National Labor Relations Board’s hierarchy,” apparently answerable to the General Counsel.

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Hall & Wilcox bolsters planning and public sector strength with new partner

Leading independent business law firm, Hall & Wilcox, has added public sector and property expertise with Rory O’Connor joining the Property and projects team as a partner in the firm’s Melbourne office.

Rory was previously at Norton Rose Fulbright and specialises in planning and environmental law.

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ILN Today Post

Court of Justice of Rio Grande Do Sul condemns furniture store using unlicensed software

The 5th Civil Chamber of the Rio Grande do Sul Court of Justice (TJ-RS) condemned a furniture store to pay, as compensation, 10 times the market value for each software used without the respective license.

The lawsuit was filed by several technology companies after they allegedly identified which computer programs they were using were being used by the unlicensed store.

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Tomorrow Is Yesterday: Today’s Cases Boldly Going Where Our Blogs Have Gone Before

Sometimes blogging topics are hard to come by.  It is often difficult because, as a sage once noted in discussing the search for The Ultimate Computer, one wants to do one’s best, but something like creativity “doesn’t work on an assembly line basis. … You can’t simply say, today I will be brilliant,” insightful, informative or even mildly amusing.  But other times topics materialize right before your eyes, as if dropped on your desk by fate or chance, and then they seemingly write themselves, without either assembly lines or much hard work.

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Verbal agreement of use of image cannot have presumed term

The São Paulo Court of Justice condemned a toy maker to pay $ 20,000 in damages for material and moral damages for misusing a young girl’s image of her baby in one of her child’s toy containers.

According to the Rapporteur of the case, even if there was a verbal license for use of image signed between the parties, it could not be assumed that such a contract would have been renewed to the point that it could last for 14 years.

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Court of Appeals denounces company for unfair competition in sponsored announcements

The São Paulo Court of Justice (TJ-SP) upheld the judgment of a lower court judge who ordered a company to pay $ 15,000 for diverting its competitor’s clientele through the purchase of sponsored links from Google.

The First Instance Judge had emphasized that the expressions used to identify the products and services marketed by the plaintiff would not be in common use, which would make them unique and distinctive in their market segment. Thus, the company, by associating the author’s expressions with his e-mail address, would be unduly benefiting from the author’s reputation and reputation to attract attention to his products and services, which would constitute a practice of unfair competition.

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