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November 2010

In what labor and employment lawyers, legal scholars, and union officials are calling a ground-breaking case, the National Labor Relations Board (“NLRB”) has for the first-time filed a complaint to protect the rights of employees to express their opinions, with co-workers, about supervisors and employers on social network sites, such as Facebook, Twitter, and MySpace. The NLRB’s complaint specifically argues that a company cannot fire an employee for criticizing a supervisor online to co-workers. Continue Reading Do Virgin Islands’ Employees Have The Right to Criticize Supervisors on Facebook?

Discussing your estate plan with heirs can be a very difficult conversation to have, but no matter how uncomfortable it may be, it can be quite effective in reducing potential conflicts among family members and make sure your heirs understand the choices you have made. If your children will not receive equal amounts of inheritance, it would be helpful to explain why. Maybe you previously helped one child buy a house, so the other is receiving a larger percentage of your estate. Maybe one child will require medical care, so you wish to make sure they are taken care of into the future.Continue Reading Preserving Peace in the Family

CNN recently ran an article titled “Divorce attorneys catching cheaters on Facebook”, in which it featured several attorneys across the nation who have used information posted on Facebook to discredit a party and win their case. In one divorce case, the wife claimed her alcoholic husband was drinking again, but the husband denied it. Then a mutual friend of the couple found Facebook photos of the husband drinking beer at a party a few weeks earlier. The wife’s attorney presented the photos in Court, and the wife won the case. In another case, after the wife had been blocked from her husband’s Facebook page, she found the profile page of another woman with whom she suspected her husband having an affair. On that woman’s profile page, a public album of photos taken on a romantic getaway with her husband appeared.Continue Reading Beware of Facebook Evidence Being Used Against You

With the ever increasing liability for injury to guests being imputed to the hotel or restaurant when in fact the injury stems from the actions of a third party vendor being utilized by the hotel or restaurant, it is important to carefully consider who is being hired to perform work at your establishment. Below are twelve items to bear in mind when selecting a vendor.Continue Reading Third Party Contracts, Independent Contractors, and other Agents in the Hospitality Industry

The Third Circuit Court of Appeals which includes the U.S. Virgin Islands, has affirmed the dismissal of class action claims against cell phone manufacturers and retailers of wireless handheld telephones alleging they are unsafe to use without headsets because holding the antennas next to the head purportedly exposes the user to dangerous levels of radio frequency (RF) radiation. Farina v. Nokia, Inc., No. 08-4034 (3d Cir., decided October 22, 2010).    

Continue Reading Third Circuit Rules Cell Phone RF Litigation Federally Preempted

The Federal Communications Commission (FCC) has proposed new rules that would require cell phone providers to provide usage alerts and related information to assist consumers in avoiding unexpected charges on their bills. The proposed rules would give consumers alerts, tools, and information to assist them in making decisions about their cell phone plans.   

The FCC stated that cell phone “bill shock” is a growing concern for consumers. According to an April-May 2010 FCC survey, 30 million Americans, one in six cell phone users, have experienced “bill shock.” The FCC is proposing rules that would require cell phone companies to provide consumers with simple alerts both before and when they incur overages. The FCC proposes that consumers be provided with basic information that would allow them to control their cell phone costs.

Continue Reading Cell Phone “Bill Shock” Rules

The Virgin Islands Bureau of Internal Revenue has implemented a 90 day gross receipts tax amnesty program.  The waiver of penalties and interest for failure to timely file territorial gross receipts taxes was granted as a result of Act No. 7233 which was signed into law by Governor John P. deJongh, Jr. on October 26, 2010.

Daniel J. Gravel, Chair of BoltNagi’s Corporate, Tax and Estate Planning Practice Group said that "taxpayers who file and pay their delinquent gross receipts taxes before the January 25, 2011 deadline will be exempt from the payment of penalties and interest for the late filing."  Gravel further noted, "Unlike previous amnesty programs that were enacted, all delinquent gross receipts taxes are eligible for the current amnesty program.  It is an outstanding value to Virgin Islands taxpayers."Continue Reading Gross Receipts Tax Amnesty In Effect