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News
In Brief
October 2018 • Vol 5 Issue 7
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In an era where approximately only 5% of commercial cases go to trial, it is a rare occurrence to have two verdicts in one week and both of them stunning 100% victories for our clients.
Cork Industries v. Law Voc Industries & Thomas DePrince, Delaware County, Pennsylvania Court: After a full two week trial on behalf of our client, Cork Industries, a leader in the formulation of sustainable high performance coatings, Partner James E. Heavey, supported by the team of Mike Ward, Laura-Michelle Horgan, Sarah Sears and Sara Friedman, concluded an 8-year litigation with a favorable jury verdict on nearly all causes of action in a theft of trade secrets case against a former Cork employee. In addition to an award of full damages, plus punitive damages in an equal amount, Cork was awarded a permanent injunction against the defendant enjoining him (and anyone associated with him) from using, directly or indirectly, Cork Industries’ trade secrets, and any chemical formulas developed therefrom. The injunction has already prevented one of the leading producers of paper products in the US from using the Cork formula. Don Gaydos, Cork Industries’ Chief Financial Officer commented, “We had a critical lawsuit that would have impacted our ability to continue our business had we not prevailed. James Heavey guided us through a difficult litigation. He was truly invested in this case and his tenacity and passion exemplified this. We were amazed at his ability to recall the many facts garnered through his rigorous investigation to corner the defendants. He is a fighter and clearly outmaneuvered the defendant’s counsel.”
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Ken Rashbaum recently addressed data management regimes in the US, for the benefit of the European businesses, and data protection in Europe (GDPR) with regard to the potential for international expansion of US business into central and eastern Europe at the “Connecting Bridges and Borders: Company Collaboration in Today’s Competitive Market” Conference held in Budapest, Hungary on October 16th. Ken spoke on US state data protection laws and trends and the need for non-US companies to obtain advisors who can guide them through the regulatory thicket of 52 separate jurisdictions that have very different cybersecurity compliance regulations. Concurrently, Ken has been asked to assist in drafting a privacy and cybersecurity bill partly based on his testimony before the New Jersey Assembly Homeland Security and State Preparedness Committee on Cybersecurity and Protection Best Practices in May, 2018. The final bill may serve as a model for states considering privacy and cybersecurity legislation, as similar laws in California, Colorado, Vermont, Illinois and regulations in New York have moved New Jersey legislators to take up data protection for New Jersey residents.
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In a Live Webcast being presented by the Knowledge Group on Tax Reform, Partner James A. Guadiana will be discussing how to minimize the impact of the new tax on global intangibles low-taxed income (“GILTI”) and how to maximize income eligible for the new reduced tax rate on foreign derived intangibles income (“FDII”). Barton invites you to participate in this webcast, scheduled for Thursday, November 15, 2018 from 3:00 PM to 5:00 PM ET. Complimentary passes are available for the first 30 registrants. Once all of the passes are allocated, attendees are invited to register for the deeply discounted rate of $25 each. For more information and to register, click here.
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LEGAL NEWS: TRENDING TOPICS YOU SHOULD KNOW ABOUT
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Barton LLP’s attorneys are committed to advising clients to be proactive in their business operations to manage risk. Due to the #MeToo Movement that began one year ago, companies need to be increasingly cognizant of the many new and evolving laws that govern the relationship between employer and employee, as well as evolving best practices to prevent against sexual harassment and gender inequality in the workplace and effectively respond to any allegations.
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Any business that has employees knows that the U.S. Immigration and Nationality Law requires that employers verify both the identity and the employment eligibility of its workers. The United States Citizenship and Immigration Services (“USCIS”), a federal agency under the Department of Homeland Security, administers the country’s immigration systems. As part of these systems, employers are required to ensure the proper completion of form I-9 (“Employment Eligibility Verification”) for each individual they hire in the United States. Both the employer and the employee must complete the form. On the form, the employee attests to his eligibility to work in the U.S. and provide proof to the employer of same. The employer must examine the employee’s proof and verify that it reasonably appears to be genuine. The types of proof considered acceptable are found on the I-9 form itself. The employee portion of the I-9 forms must be completed on or before the close of business on the first day of employment and the employer must complete its portion within three (3) business days of that first day of work. With respect to foreign nationals legally permitted to work in the U.S. with a fixed period of employment authorization, their employment authorization must be re-verified prior to the original authorization expiring. Thereafter, the I-9s must be maintained by the employer for a designated period of time and made available to USCIS agents for inspection.
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Personal data is the currency with which we pay for allegedly “free” services like Google and Facebook. Effective 2019, subscribers will be required to pay John Hancock with data about their activities in order to obtain life insurance. Is the company beating against the tide or at the forefront of a trend?
Introduction:
Typically when the topic of legalized cannabis comes up the states that come readily to mind are Oregon, Washington, California and Colorado. This is not surprising since these states were some of the first states to decriminalize cannabis as well as to legalize it for both medical and then recreational purposes (somewhat ironically since these same states were some of the first to ban cannabis in the early 1900s).
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