Legal Updates

Be Careful With Fixed Rate Credit Cards

One of the many changes from the Credit CARD Act of 2009 was the limitation on using the term “fixed” in relation to credit card rates. Credit unions that want the ability to increase the APRs on their credit cards in the future need to very carefully manage their advertising and disclosure of credit card rates. More…

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Sale of a leased property – pleasure or pain?

In the property market it is usual to sell such commercial or residential real estates that are leased out. On the basis of the new Civil Code, the seller of such property will not be relieved, by the sale, from its liability towards the tenants. If the purchaser breaches any of its obligations towards the tenants, then the seller may also be held liable, even if the property had been sold many years ago.

What happens to the tenant if the property is sold?

It is evident that more reliable tenants and longer rent periods can result in a higher purchase price of a leased property. It is noteworthy that the sale and purchase of such properties does not require the approval of the tenants, the lease agreements remain in effect with the same conditions after the sale of the property. More…

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Privacy & Data: 3 Predictions from FTC Commissioner Julie Brill

Advertising Week has always been an important week to those in the industry, and last week I sat down with Advertising Week’s Executive Director, Matt Scheckner, to talk about this year’s Advertising Week and how it reflects the changing face of the industry.  When discussing Advertising Week’s mission – Matt named education as one of the most important factors, and that’s certainly “The Way I See It.”

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Sweden recently entered into an intergovernmental agreement (“I.G.A.”) with the U.S. to address the application of F.A.T.C.A. to Swedish financial institutions. The subsequent modifications to Swedish law to accommodate the I.G.A. were made public on August 11, 2014 in a proposal by the Ministry of Finance.102 The proposal added numerous modifications to the requirements for compliance and published the reporting forms that will be due starting next year. Read more by clicking the link to the right.

The article is taken from The Ruchelman Law Firm’s Insights Vol. 1 No. 8. You can read the complete newsletter by clicking the link to the right.

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Commercial Disputes Settlement: Advantages of International Arbitration

Arbitration, in particular international arbitration, has many advantages compared with national court or other domestic dispute resolution forums.

Ability to select arbitrators

At court, the trial panel members are assigned by the court according to the judges’ practice areas and workloads. The result of this arrangement is sometimes an assigned judge may not have the experiences and expertise relevant to the specific matter of dispute between the parties. On the contrary, at arbitration, the parties may select the arbitrators who have the most suitable skills and experiences that satisfy their requirements. Moreover, international arbitration centers provide lists of their arbitrators, who are experts in many business fields and who have years of experiences in resolving international disputes, for the parties to select. This is important as international commercial disputes are often very complex and require extensive knowledge of international laws and business practices. More…

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Enterprise law seeks to open opportunities

Leadco lawyer Dinh Nhat Quang said the separation of business establishment registrations and business line registrations, and the abolition of the requirement for business conditions at the time of registration, would result in an inability to filter out investors who would normally not be approved to set up enterprises.

The draft amendment to the Viet Nam Law on Enterprises 2005 allows enterprises to become involved in businesses not listed in their business register certification, except for those requiring specific conditions. More…

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Public Company Directors Beware: The SEC Says You ARE Responsible for Data Privacy and Protection

According to recent statements from an SEC com-missioner, directors of companies with reporting obligations should play an active role in overseeing how their organizations use cyber security to protect personal or otherwise private customer information. Indeed, per Commissioner Luis Aguilar, ‘‘[e]ffective board oversight of management’s efforts to address these issues is critical’’ to protecting customer data and ensuring the adequacy of related public disclosures. More…

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Client Alert – California to Guarantee Paid Sick Leave

On August 30, 2014, the California Legislature approved AB 1522, the Healthy Workplaces, Healthy Families Act of 2014, which guarantees the vast majority of employees in California at least three days of paid sick leave per year. On the same day, Governor Jerry Brown issued a statement signaling his intent to sign the bill into law. Below are just some of the new law’s features which will take effect on July 1, 2015: More…

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Meaningful Use Attestation in 2014 – Picture Update

CMS and the Office of the National Coordinator (ONC) recently announced modifications to the meaningful use attestation requirements for 2014. Following significant lobbying from EHR vendors, eligible professionals (EPs), and hospitals, CMS issued a brief reprieve to meeting Stage 2 meaningful use in 2014 – for some lucky participants. Recognizing that EPs and hospitals may […]

The post Meaningful Use Attestation in 2014 – Picture Update appeared first on OMW Health Law.

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MASH Sector Needs to Brace for Possible New Era in Procurement – Canada-EU Comprehensive Economic Trade Agreement (CETA)

By Roy Nieuwenburg

Heads Up – CETA is Coming

Until now, the MASH (municipal, academic, schools and hospitals) sector has in practice been relatively unscathed by federal trade agreements, such as the Agreement of Government Procurement, the North America Free Trade Agreement and the Agreement on Internal Trade (AIT). In contrast, the federal government and its agencies have been subject to and bound by these agreements and the companion federal Canadian International Trade Tribunal Act (CITT). The CITT gives disappointed bidders enforceable recourse against the federal government and its agencies where the principles and stipulations of the trade agreements are not observed.

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