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DEVELOPING AN INCIDENT RESPONSE PLAN FOR A CYBER ATTACK

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Every attorney’s ethical duty of competence requires a lawyer to provide competent representation to a client, applying the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. This in turn requires that a lawyer keep abreast of technology, including associated risks and benefits, including continuing study and education. As a matter of best practice and preparation, lawyers should Read More

Telecom Tax Ceilings in NYS – Inventory Filing Deadline Is April 30, 2019

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Further to our client alert from January, regarding the Court of Appeals’ decision in the T-Mobile case, it has come to our attention that the NYS Office of Real Property Tax Services (ORPTS) has begun to issue telecom ceiling determinations which include certain telecom assets (including fiber) that are now considered taxable real property as a result of that decision. ORPTS has also notified Read More

The Deemed Export Rule: Balancing Requirements Under U.S. Export Control and Anti-Discrimination Laws

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In a press release issued earlier this year, the Immigrant and Employee Rights Section of the U.S. Department of Justice (DOJ) announced that it reached a settlement agreement with Honda Aircraft Company, LLC (“Honda Aircraft”), resolving a claim that Honda Aircraft had violated the Immigration and Nationality Act (INA) when, in an effort to comply with U.S. export control laws, Read More

Section 301 Tariffs Might Extend Beyond China to the EU

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On April 12, 2019, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice, Initiation of Investigation; Notice of Hearing and Request for Public Comments: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute.1 The investigation could lead to the U.S. imposing tariffs on new, non-military helicopters, fuselages, undercarriages and civil aircraft parts from France, Germany, Read More

Opportunity Zone Update: New Proposed Regulations Released

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The United States Treasury Department released on Wednesday long-awaited new proposed regulations (“New Regulations”) to the Opportunity Zone Program, a tax incentive program created by the Tax Cuts and Jobs Act of 2017. The Opportunity Zone Program was designed to increase investment in certain economically distressed communities designated as “Opportunity Zones” by providing tax incentives to investors that reinvest gains Read More

BREXIT AND THE ART MARKET IN THE EU

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The question asked by many artists, gallery owners and collectors who use London as a centre of their transactions is how Brexit can affect them, as even today it is one of the most attractive markets in the art sector within the European union. On the one hand, it is unknown how Brexit will affect the free circulation of goods, Read More

Employers Facing New Rules on Overtime, Reporting Pay Data

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Early March has come in like a lion for employers, who are now facing potential new federal rules on overtime and classification, as well as changes to how much information they need to be reporting to the Equal Employment Opportunity Commission regarding pay rates broken down by gender and race. Labor Department Proposes Expanding Overtime Coverage The Department of Labor Read More

Illinois Biometric Policy Law Does Not Require Proof of Actual Damages

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Attention businesses operating in Illinois: If you use a person’s “biometric” data for things like timekeeping or security, you must have a written policy under which you: (1) obtain written consent, (2) store the data confidentially and (3) destroy the data no later than three years after the last interaction with the person. If you fail to do so, you face statutory penalties Read More

Changes to the Land and Buildings Transaction Tax (LBTT) rates and thresholds

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This article on changes to LBTT rates and thresholds by Tim Macdonald from our Rural team features in the next edition of Land Business, Scottish Land and Estates quarterly magazine. January saw significant changes to Land and Buildings Transaction Tax (LBTT) rates and thresholds, the first since the tax came into force in 2015. The changes took effect on 25 Read More

Are Ubers drivers considered to be workers?

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urther to our previous articles on the Uber case (Aslam, Farrar & Others v Uber), the Court of Appeal has considered on appeal whether Uber drivers are workers (rather than self-employed) and entitled to basic employment rights. The judgment was published on 19 December 2018. Background With the growing number of varied working arrangements being used by employers, clarifying whether someone is Read More