ILN Today Post
February 22, 2012

News You Can Use: Handling IP assets in your estate plan

By Lommen Abdo

Lommen Abdo’s January/February 2012 e-newsletter is fresh off the virtual presses with news about:

New attorneys (Greg Perleberg and Jeff O’Brien) and new practice group leaders — check out what’s happening in Lommen Abdo’s business practice!

Lommen Abdo helps make child’s wish come true.

Sharing knowledge, experiences and business tips are keys to success of Lommen Abdo’s seminars, whether addressing closely held companies or entertainment issues.

Buying music to own — like physical records and CDs — is a disappearing concept. Learn what Ken Abdo has to say about the new music business.

And there is a lot more news about Lommen Abdo and our clients. Click on the link above. Please let us know if you have questions, if we may be of assistance in any way or if you have suggestions for future newsletters. Enjoy!

Posted in Newsletters | North America
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ILN Today Post
February 22, 2012

Foreign Lawyers Permitted “Fly-in and Fly-out” Practice in India.

By LexCounsel Law Offices

The Hon’ble Madras High Court (“MHC”) on January 21, 2012 disposed of a writ petition seeking a permanent ban on foreign firms and foreign lawyers allegedly practicing in India and forbearing them from having any legal practice either on the litigation-side or in the field of non-litigation and commercial transactions, in any manner within the territory of India. The petitioner impleaded 31 foreign law firms along with the Law Department, Home Department, Finance Department, Department of External Affairs, Income-tax Department, the Reserve Bank of India and a few bar councils in the array of respondents, who argued the matter extensively before the MHC.

Posted in Asia Pacific | Legal Updates
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February 22, 2012

EEOC reports provide insight for employers

By Miriam L. Rosen of McDonald Hopkins

The Equal Employment Opportunity Commission (“EEOC”) had a busy month in January 2012 issuing two key reports about agency activity.   Employers should take note of what the EEOC had to say in those reports for insight into where the Agency’s been and where it’s going.

Report on FY 2011 EEOC statistics

The EEOC released its FY 2011 enforcement and litigation statistics revealing that 2011 was a record year for charges of discrimination.  EEOC charges hit an all-time high with 99,947 charges filed.  Following FY 2010’s trend, the largest number of charges– 37.4%–were based on claims of retaliation under all EEOC enforced statutes.  Charges were also up for sex, disability, and age discrimination.  The report also revealed that merit lawsuits brought by the EEOC under the Americans with Disabilities Act nearly doubled in 2011—the highest percent increase of any category.

Posted in Legal Updates | North America
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February 22, 2012

Partner Hannes Vallikivi and senior associate Piret Luiga start a series of lectures on IP and technology law

By Tark Grunte Sutkiene news

TARK GRUNTE SUTKIENE partner Hannes Vallikivi and senior associate Piret Luiga will give a series of lectures on IP and technology law to students enrolled in the master’s programme in Design and Development of Virtual Environments at Tartu University’s Viljandi Culture Academy in the spring semester of 2012. The lectures will focus on topics which all entrepreneurs developing or marketing intellectual and creative products or services in the IT sector must be familiar with in the first development phases of their business. The students will be introduced to the fundamentals of company and labour law as well as to the possible legal risks associated with the involvement of employees, cooperation partners and investors in a project. Much attention will also be paid to intellectual property protection and technology law issues.
More information on the master’s programme in Virtual Environments is available at www.ddve.ee

Posted in Europe | News
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February 21, 2012

Text Free Zone: OSHA’s Distracted Driving Initiative Kicks Into Gear

By Eric J. Conn of Epstein Becker & Green

By Casey M. Cosentino and Eric J. Conn

“Texting while driving” is an epidemic in America, which has prompted forty-two states and the District of Columbia to ban (completely or partially) this conduct for drivers.  Here’s a map of the U.S. states that have enacted some ban on texting while driving.  Studies suggest that texting while driving distracts drivers’ cognitive focus and removes their eyes from the road and hands from the wheel.  It is not surprising, therefore, that distracted driving is attributed with sixteen percent (16%) of all traffic fatalities in 2009.

The consequences of texting while driving are also seen in work-related accidents, as motor vehicle accidents are among the leading cause of worker fatalities.  Due to the political attention that texting while driving is garnering and the high number of employee deaths caused by motor vehicle accidents, OSHA has launched a Distracted Driving Initiative in partnership with the Department of Transportation to combat this safety issue.

Posted in Legal Updates | North America
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February 21, 2012

HEALTH REFORM: The Clock Is Ticking: CMS Issues a Proposed Rule on Reporting and Returning Overpayments

By EBG RSS of Epstein Becker & Green

On February 16, 2012,[1] almost two years after the passage of the Patient Protection and Affordable Care Act[2] (the “ACA”), the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule (“Proposed Rule”) regarding overpayments to providers and suppliers, as provided for under Section 6402(a) of the ACA and codified at Section 1128J(d) of the Social Security Act (the “Act”). Specifically, Section 6402(a) states that “[i]f a person has received an overpayment, the person shall (A) report and return the overpayment to the Secretary, the State, an intermediary, a carrier, or a contractor, as appropriate, at the correct address; and (B) notify the Secretary, the State, intermediary, carrier, or contractor to whom the overpayment was returned in writing of the reason for the overpayment.”

Posted in News | North America
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February 21, 2012

CMS Proposed Rule on Overpayments – A 10 Year Burden

By Elana Zana of Ogden Murphy Wallace

CMS recently published its proposed rules on reporting and returning overpayments.  These rules are intended to implement the 60 day overpayment reporting requirement pursuant to the Affordable Care Act (the “ACA”).  The ACA created a new section 1128J(d) of the Social Security Act requiring a person who receives an overpayment to return and report the overpayment to HHS, the State, a carrier or a contractor and notify the recipient of the reason for the overpayment.  The statute requires that all  overpayments be refunded within 60 days after the date the overpayment was identified or the date of any corresponding cost report (as applicable), whichever is later.

Posted in Legal Updates | North America
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ILN Today Post
February 21, 2012

Investment Friendship with Pakistan

By LexCounsel Law Offices

DIPP has sent a proposal to the Ministry of Finance, on February 16, 2012, to relax the current FDI norms to allow FDI from Pakistan. In terms of the present FDI norms, a non-resident entity other than a citizen of Pakistan or an entity incorporated in Pakistan can invest in India. Pakistan is the only country expressly debarred from investing into India. An individual or an entity incorporated in Bangladesh can invest only under the FIPB approval route. Although Pakistan allows FDI from India, the Government of India has always had security concerns in reciprocating Pakistan’s stance.

Posted in Asia Pacific | Legal Updates
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ILN Today Post
February 21, 2012

Indian Aviation Industry in High Spirits

By LexCounsel Law Offices

Excessive lobbying by major domestic carriers like Kingfisher Airlines and GoAir urging the Government of India to allow Foreign Direct Investment (“FDI”) by foreign airlines has finally borne fruit. The Ministry of Civil Aviation has reportedly forwarded its recommendations to the Department of Industrial Promotion and Policy, Ministry of Commerce, Government of India (“DIPP”) which is in the process of formulating a Cabinet note allowing upto 49% FDI in domestic airlines by foreign airlines via the Foreign Investment Promotion Board (“FIPB”) approval route.

Posted in Asia Pacific | Legal Updates
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ILN Today Post
February 21, 2012

New Rule for Furnishing of Annual Statement by a Liaison Office

By LexCounsel Law Offices

In terms of Section 285 of the Income Tax Act, 1961, every non-resident who has a liaison office in India set up in accordance with the guidelines issued by the Reserve Bank of India under the Foreign Exchange Management Act, 1999 is obliged to prepare and deliver or cause to be delivered, a statement in respect of its activities in a financial year (“Annual Statement”) within sixty (60) days from the end of such financial year in the form and containing such particulars as may be prescribed. The Central Board of Direct Taxes (“CBDT”) has on February 6, 2012 prescribed such form and procedure to file the Annual Statement.

Posted in Asia Pacific | Legal Updates
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