ILN Today Post

Labor Court ruling prohibits professional from devulging industrial secrets of his former employer

The 2nd Labor Court of Barueri granted early protection to a company that accused one of its former employees of revealing and disclosing information and documents of a confidential nature that would have been subtracted from the company’s premises.

According to the case, the aforementioned former employee, upon leaving the company, filed Labor Complaint against the former employer requesting the receipt of amounts for having contributed intellectually to certain of the company’s innovation projects. However, such a request was denied by the Labor Court, which understood that he had, among his work assignments, the function of collaborating with innovation projects and that, in any case, there would be no proof that he would be the creator and holder of the rights intellectual property rights over the indicated projects.

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ILN Today Post

Medical Cannabis – Advice for employers, vendors, investors

In 2014, Illinois became the 20th state to allow individuals with serious illnesses to purchase medical marijuana legally in limited quantities—a movement that’s gradually expanding throughout the United States. Local lawmakers are considering the further step of legalizing recreational marijuana since the drug was decriminalized in 2016.

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ILN Today Post

Better the devil you know? Which governing law should I choose?

The issue of governing law often arises in cross-border M&A deals or contractual relationships. At such times – either due to the UK domicile of a contracting party, or to the widespread use of the Anglo-Saxon templates – it is often the English law that is chosen. It may turn out to be important to understand the difference it can mean to the parties’ positions if instead of Hungarian law they were to opt for English law – for example, when drawing up the documents for a company acquisition.

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ILN Today Post

Shutts & Bowen Named to 2018 Best Law Firms List

Shutts & Bowen has been ranked in the 2018 Edition of U.S. News – Best Lawyers “Best Law Firms.”

The “Best Law Firms” list recognizes firms for their professional excellence and consistently compelling ratings from clients and peers. In order to rank in the list, a firm must have a lawyer listed in The Best Lawyers in America®, which acknowledges the top 4 percent of practicing U.S. attorneys. Shutts & Bowen had 78 attorneys selected for inclusion in The Best Lawyers in America® 2018.

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Short times, long times … there is no hurry for the European Regulation, just move in advance

Short times, long times ... there is no hurry for the European Regulation, just move in advance
As it happens for several phenomena, when exposed to too much information about a particular…
Riccardo Abeti3

This phenomenon has led to the spread of numerous inaccuracies, as well as some valid indications that, however, in a sea of words and alarmism, were unheard.
Now the application is approaching and we can begin to walk the path to achieve the required degree of compliance, without getting caught up with anxiety.

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Davis Malm Attorneys Serve as Contributing Authors for ILN’s 2017 Edition of “Establishing a Business Entity In: An International Guide”

Davis Malm is pleased to announce the release of the International Lawyers Network’s (ILN) fourth edition of their corporate guide, “Establishing a Business Entity In: An International Guide.” This collaborative electronic guide offers a summary of key corporate law principles in 31 countries across the globe, serving as a quick, practical reference for those establishing an entity in these jurisdictions. The firm’s attorneys served as co-authors for the chapter on “Establishing a Business Entity in the United States.” Davis Malm shareholder and contributing author, Sam A. Mawn-Mahlau said, “Our goal in creating this guide was to provide clear guidance for international businesses looking to expand internationally. It is based on collective experiences of our firms, and we hope businesses will view it as a helpful resource.”

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New Jersey’s Appellate Division Finds Part C of the “ABC” Independent Contractor Test Does Not Require an Independent Business

In a potentially significant decision following the New Jersey Supreme Court’s ruling in Hargrove v. Sleepy’s, LLC, 220 N.J. 289 (2015), a New Jersey appellate panel held, in Garden State Fireworks, Inc. v. New Jersey Department of Labor and Workforce Development (“Sleepy’s”), Docket No. A-1581-15T2, 2017 N.J. Super. Unpub. LEXIS 2468 (App. Div. Sept. 29, 2017), that part C of the “ABC” test does not require an individual to operate an independent business engaged in the same services as that provided to the putative employer to be considered an independent contractor.  Rather, the key inquiry for part C of the “ABC” test is whether the worker will “join the ranks of the unemployed” when the business relationship ends.

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Harassment is not costly only to stars…

November 1, 2017 — Over the past few weeks, the media have been replete with reports of complaints alleging that high-profile individuals from the entertainment world had had improper if not abusive sexual behaviour with victims under their influence.

Jacques Bélanger reminds employers that film stars and moguls are not the only people who could end up paying top dollar for such errors. If you are an employer, your employees’ misbehaviour could be very costly to you.

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Illinois Experiences Surge of Lawsuits Regarding Biometric Information Privacy

Employers continue to incorporate the use of biometric information for several employee management purposes, such as in systems managing time keeping and security access that use fingerprints, handprints, or facial scans.  Recently, Illinois state courts have encountered a substantial increase in the amount of privacy class action complaints under the Illinois Biometric Information Privacy Act (“BIPA”), which requires employers to provide written notice and obtain consent from employees (as well as customers) prior to collecting and storing any biometric data.  Under the BIPA, the employer must also maintain a written policy identifying the “specific purpose and length of term for which a biometric identifier or biometric information is being collected, stored, and used.”  740 ILC 14/15(b)(2).

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Opioid Addiction Treatment Through Telemedicine: How Federal Law Prohibits, but Could Permit, Controlled Substance Prescribing

On October 26, 2017, President Trump directed the Secretary of the Department of Health and Human Services (“Secretary”) to declare a National Public Health Emergency on the opioid epidemic. While the President offered few details regarding how his administration will address the challenge of treating patients struggling with opioid addiction, a previous statement from the White House indicated that the Administration plans to expand access to treatment via telemedicine and more specifically, remote prescribing of the necessary controlled substances used to treat these patients. While this is a logical step, and one that has been advocated at length by states and health care experts, alike, expanding health care providers’ capabilities to utilize remote prescribing to treat opioid addiction will likely run afoul of existing federal law.

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