Legal Updates

American lawyers report greater use of prenuptial agreements

The last three years have seen a rise in the use of prenuptial agreements in the US, according to a recent survey of members of the American Academy of Matrimonial Lawyer (AAML).

As many as 63% of members surveyed said they had witnessed this rise, and a further 46% also reported seeing a rise in the number of agreements being initiated by women.

“Protection of separate property” was apparently the most common item to be included in a prenup and was mentioned by 80% of respondents. This was followed by “alimony/spousal maintenance,” which was mentioned by 77% and “division of property” (72%).

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Major Changes in Drug Compounding and Drug Distribution Requirements (Part 1 of 2)

On September 28, 2013, the U.S. House of Representatives passed the Drug Quality and Security Act (H.R. 3204).  The bill is compromise legislation crafted by the Senate Health, Education, Labor, and Pension (“HELP”) and House Energy and Commerce Committees, and is expected to pass the Senate soon after it reconvenes on October 28.  Once signed into law, H.R. 3204 would fundamentally change the regulation of drug compounding and drug distribution in the United States.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — October 25, 2013

A critical piece of last week’s agreement to reopen the federal government and avoid defaulting on our debts was the commitment by both parties in Congress to pursue a larger deficit reduction plan by December 13.

The Congressional Budget Act of 1974 requires the House and Senate to adopt an annual budget resolution that is a blueprint around which Congress sets its spending and revenue policies for the subsequent year. Though the budget resolution itself does not carry the force of law, it sets in place parliamentary procedures to expedite the adoption of laws that fulfill the budget’s goals. To achieve this, however, both chambers must go to a “conference committee” to resolve their differences. Then both chambers must adopt the same version of the budget by majority vote. As one would expect, this task can be difficult with a Republican-controlled House and a Democratic-controlled Senate. 

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Ohio Statehouse Update: This Week in Ohio — October 25, 2013

This week Ohio Controlling Board members voted to approve the Ohio Department of Medicaid’s request to increase appropriation authority by nearly $2.5 billion in federal funds through fiscal year 2015 for expanded Medicaid coverage for low income Ohioans.

Prior to the vote, House Speaker William Batchelder replaced Representatives Ron Amstutz (R-Wooster) and Cliff Rosenberger (R-Clarksville)—both presumed ‘no’ votes on the measure—with Representatives Ross McGregor (R-Springfield) and Jeff McClain (R-Upper Sandusky). The measure passed 5-2, with Senator Bill Coley (R-Liberty Township) and Representative McClain voting against increasing the appropriation.

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Updated BC IPP Supply Map

Earlier this week, BC Hydro released an update in respect of the independent power producers(IPPs) currently supplying electricity to BC Hydro and those projects with EPAs but still under development.

Keep in mind that the projects BC Hydro lists as IPPs include: Rio Tinto Alcan’s hydro project, various forestry company biomass projects and the Waneta Expansion (not your garden variety IPPs, but certainly, “independent” of BC Hydro).

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Breaking the Traditional Agency Model in Today’s Data-Driven Economy with Cramer-Krasselt’s Chairman & CEO, Peter Krivkovich

Madison Avenue is a hotbed for creativity and innovation. The evolving nature of the digital world means new opportunities and platforms, and also means that agencies are constantly pushing the envelope to meet new client needs, develop new campaigns, and rise to new challenges from global competition, the economy, and the like. The constant change that agencies are moving with is what has propelled the creative industry forward all these years.

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Concealed carry comes to Illinois

Earlier this year, Illinois became the last state in the Union to pass a concealed carry firearms law.  While the law went into effect immediately, permit applications are to be made available 180 after enactment, which will be shortly after the first of the new year. Much confusion amongst employers remains with this new law.  In a new article for Illinois Manufacturer Magazine, Chicago Partner Mark Spognardi clearly outlines the details of this new law. Topics include:

  • Requirements to obtain apply for a license
  • Where firearms under the concealed carry law are prohibited
  • An employers rights

To read the article in full, please click here.

The post Concealed carry comes to Illinois appeared first on General Counselor.

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Multistate Tax Update — October 24, 2013

Last Friday, October 18, 2013, the Illinois Supreme Court issued a 6-1 opinion holding that the state’s “click-through” nexus law or “Amazon tax” is invalid. The underlying law was passed in 2011 when brick-and-mortar retailers in Illinois called on the state legislature to “level the playing field” and cause out-of-state retailers to collect and remit sales tax on their sales to Illinois customers.

This state law drove CouponCabin.com, FatWallet.com and other Illinois-based Internet marketers to relocate to other states, recognizing that this law would create nexus for their clients. 

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New York Court Finds that Dodd-Frank Whistleblower Anti-Retaliation Provision Does Not Apply Extraterritorially

By John F. Fullerton III

A New York federal district court has become the second court to hold that the Dodd-Frank anti-retaliation provision, 15 U.S.C. § 78u-6(h)(1)(a), which prohibits retaliation against a whistleblower who makes disclosures required or protected by the Sarbanes-Oxley Act, among other laws, does not apply extraterritorially.  In Meng-Lin Liu v. Siemens A.G. (pdf), a judge of the Southern District of New York, consistent with a decision earlier this year by a Texas district court, held that a Taiwanese compliance officer working for a Chinese subsidiary of a German parent company, who complained within the organization of alleged violations of the Foreign Corrupt Practices Act (FCPA) occurring in China and Korea, and was subsequently discharged, could not sustain his whistleblower retaliation claim in the United States, and dismissed his complaint accordingly.

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I can do that as Committee, can’t I?

Many people who have been appointed committees of a patient’s estate wonder what their rights and duties are in that role.  Some people believe that they are obligated to preserve the patient’s assets exactly as they were at the time of their appointment while others believe that they are entitled to alter the state of the patient’s assets, selling them or changing title, to meet the patient’s needs.  So the question, is who is right?  The answer is, it depends on the situation.

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