Administration Rejects Labor’s ObamaCare Demands

by: Adam C. Abrahms, Kara M. Maciel, Adam C. Solander, and Steven M. Swirsky

On September 13, 2013, the Obama Administration rejected the union movement’s intense lobbying efforts to seek a waiver, so that their members would be able to receive tax subsidies in the Affordable Care Act (“ACA”) Marketplaces for those of their members who will be offered “affordable coverage” from their employers.

Beginning January 1, 2015, the ACA requires that large employers offer affordable health coverage that provides minimum value to their “full-time employees” (those working 30 hours or more per week) or pay a penalty. If an employee is not offered health insurance, or if the coverage offered does not meet the definition of “affordable” or does not provide minimum value, the employee may go to the Marketplace (formerly known as the Exchanges) to purchase coverage. In such cases, certain employees may receive a tax credit or premium subsidy in the Marketplace to help defray the cost of obtaining health coverage.

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Second Chance for Lawyer Ordered to Pay Costs Personally?

Rule 57.07 of Ontario’s Rules of Civil Procedure gives the court (including a Master of the court) discretion to award costs of a proceeding against a lawyer and to require the lawyer to pay the costs personally. Specifically, the rule provides that where a lawyer for a party has caused costs to be incurred without reasonable cause or to be wasted by undue delay, negligence or other default, the court may make an order, (a) disallowing costs between the lawyer and the client or directing the lawyer to repay the client money paid in respect of costs; (b) directing the lawyer to reimburse the client for any costs that the client has been ordered to pay to another party; and (c) requiring the lawyer personally to pay the costs of any party.   Such an order may be made by the court on its own initiative or on the motion of any party to the proceeding but the court has no discretion to make such an order unless the lawyer is given a reasonable opportunity to make representations to the court. 
In the case of Haider Humza Inc. v. Rafiq [2012] ONSC 6161, Master Dash of the Ontario Superior Court of Justice ordered the plaintiff’s lawyer, Murray Teitel, to personally pay the defendant’s lawyer costs in the sum of $3,000 for conduct which Master Dash defined as “sharp practice”.  Master Dash held, among other findings, as follows: 
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Mark Spognardi authors article for InsideCounsel

Arnstein & Lehr

Mark Spognardi

In his article published September 16 on InsideCounsel’s website, Arnstein & Lehr Chicago Partner Mark A. Spognardi followed up on his predictions from a previous InsideCounsel article that the new member of the National Labor Relations Board (NLRB) members would be facing challenges immediately after their appointments. In the article titled, “Labor: NLRB Specialty Healthcare bargaining unit standard withstands employer challenge,” Mr. Spognardi discusses a recent case, Kindred Nursing Centers East, LP dba Kindred Transitional Care and Rehabilitation – Mobile v NLRB, in which the NLRB is being challenged on the definitions of certain terms that are of importance in this case.

To read the article in full, please click here.

The post Mark Spognardi authors article for InsideCounsel appeared first on General Counselor.

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ILN Today Post

Kochański Zięba Rapala and Partners advises courier firm Siódemka S.A. on agreement for issue of bonds worth PLN 60,000,000

Kochański Zięba Rapala and Partners has been advising a company in the  Abris Capital Partners investment fund portfolio – Siódemka S.A. on an issue handled by BRE Bank S.A. (as the Issue Agent, Dealer, Paying Agent and Depositary) on a bond issue of a total nominal value of PLN 60,000,000. The bonds are to be issued on 6 December 2013.

The issue agreement provides for an obligation on the part of BRE Bank S.A. to take up all of the bonds issued by Siódemka S.A. according to the rules laid down in the issue agreement. More…

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ILN-terviews: Bill Ruskin, Epstein Becker & Green

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we chose ILN member, Bill Ruskin of our member firm, Epstein Becker & Green in New York!

In one sentence, how would you describe your practice?
At its core, I defend corporate clients who are alleged to have caused harm to persons or property due to their manufacturing or marketing of products or by their historical waste disposal practices.

Who would be your typical client?
A typical client is someone who makes something.

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Oct. 2: Webinar on Workplace Violence and Active Shooter Scenarios – Protecting Your Employees

We’d like to recommend an upcoming complimentary webinar, “Addressing and Responding to Workplace Violence and Active Shooter Scenarios to Protect Your Employees” (Oct. 2, 2:00 p.m. EDT), by our Epstein Becker Green colleagues Kara M. Maciel, Susan Gross Sholinsky, and Christopher M. Locke, with Daniel Hess and Lynne Cripe of The KonTerra Group, an employee assistance program provider that regularly counsels employees undergoing stressful life events that can lead to violence. 

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Oct. 2: Webinar on Workplace Violence and Active Shooter Scenarios – Protecting Your Employees

We’d like to recommend an upcoming complimentary webinar, “Addressing and Responding to Workplace Violence and Active Shooter Scenarios to Protect Your Employees” (Oct. 2, 2:00 p.m. EDT), by our Epstein Becker Green colleagues Kara M. Maciel, Susan Gross Sholinsky, and Christopher M. Locke, with Daniel Hess and Lynne Cripe of The KonTerra Group, an employee assistance program provider that regularly counsels employees undergoing stressful life events that can lead to violence.

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Support for idea of specialist personal injury court

The Scottish Government has published details on the responses received to its consultation on proposals to restructure the way civil cases and summary criminal cases are dealt with by the courts in Scotland.

The Government apparently received 115 responses, and said that there was a very clear majority support for almost all proposals and concepts detailed in the consultation.

One of the proposals included in the consultation exercise was the creation of a specialist personal injury court with an all-Scotland jurisdiction.

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Robert E. McKenzie authors article for Forbes on IRS penalties

Arnstein & Lehr

Robert E. McKenzie

Arnstein & Lehr Chicago Partner Robert E. McKenzie authored a September 1 article for Forbes’ website titled, “Reducing IRS Penalties.” The article discusses with readers the millions of penalties they face as taxpayers from the IRS. Mr. McKenzie provides advice on your rights, if subjected to penalties, and how to dispute them.

To read the article in full, please click here.

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Chicago Daily Law Bulletin article focuses on issues James Durkin faces as new Illinois GOP House leader

James Durkin

Arnstein & Lehr Chicago Partner and newly elected Illinois GOP House leader James B. Durkin was interviewed by the Chicago Daily Law Bulletin on September 10. The article titled, “For Durkin, it’s time to balance policy, politics” discusses with Mr. Durkin about balancing politics and policy, his support for the race for governor and his thoughts on a proposal to limit the term of legislators.

To read the article in full, please click here.

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