Davis Malm’s Lawrence Casey and Richard Sampson to Present at SBANE Program, “Practical IP Solutions for Start-Ups and Small Businesses”

Davis Malm shareholders Lawrence J. Casey and Richard L. Sampson will present at the Smaller Business Association of New England’s (SBANE) Technology & Innovation Committee event, “Practical IP Solutions for Start-Ups and Small Businesses,” on September 29th, from 7:30 – 10:00 a.m. at SBANE’s Headquarters, 1601 Trapelo Road, Waltham, MA.

Mr. Sampson will present strategies for protecting a company’s intangible assets (patents, copyrights and trademarks), and will provide an overview of the different types of filings. He will discuss the advantages and disadvantages of each, as well as how to enforce IP rights and avoid potential pitfalls. Mr. Casey will serve as program moderator.

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Insurers with a “Direct Interest” may Join the Party

By Daniel Paperny

1. Introduction

The BC Supreme Court’s recent decision in MacPherson v White, 2016 BCSC 1151 establishes that an insurer can successfully apply to be added as a party to a lawsuit which it has a direct interest in, even if the insurer has no contractual right or legislative standing to be added.

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City of Miami EB-5 Regional Center 2016 Conference Update

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

The City of Miami Regional Center held a regular presentation on “The Present and Future of the EB-5 Regional Center Program.” The uniqueness of the program involved the presentation of certain public/private partnership transactions being considered which were quite unique and exciting. These projects included the following:

  1. Miami Marine Stadium. This is an old, cherished relic of the City located on Key Biscayne that is in the process of being renovated and that will potentially utilize EB-5 capital up to $40 million.
  2. VA Facilities Near VA Hospital. A VA affiliate is in the process of undertaking a VA Village that is to provide for housing and other benefits to veterans. That is being highly supported by all government agencies and is likewise seeking EB-5 capital to fund the development of the project.
  3. The 10-Mile Underline Project. Miami has a Metrorail system that travels down U.S. 1, and like other cities, it is exploring the utilization of the land which has 100-feet width to develop various opportunities in the 10-mile stretch in a primary section of Miami-Dade County. This project potentially could involve capital expenditures in excess of $100 million and again, EB-5 capital is being considered in connection with this project.
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ACA Information Reporting: Ensuring Big Data Analyses Do Not Lead to Big Penalties

By Michelle Capezza (Member of the Firm, Epstein Becker Green) and Howard Gerver (President, ACA Managed Services)

As employers prepare the Affordable Care Act information reporting filings for the 2016 year that will be due in 2017 (notably the 1094/1095 B&C), the good faith standard of compliance, and the potential for inaccuracies, is no longer available.  In order to seek a waiver of penalties for the 2016 filings made in 2017, an employer will need to meet a standard of reasonable cause and no willful neglect.  With this standard, an employer must show that there are significant mitigating factors or the failure was due to certain events outside their control and the filer acted responsibly.  While “responsibly” remains subjective, the employer must be able to demonstrate that the same level of quality assurance and audit rigor that is applied to other governmental reporting must be applied to the 1095 and 1094 IRS reporting processes. Also, at this time, anticipate that the filings will need to be made with the government, and to the employees (and other recipients), under the regular schedule without extensions: (i.e., the disclosures to employees will be due the last day of January following the calendar year in which coverage was provided; forms must be filed with the IRS by the last day of February if filing on paper or March if filing electronically (which is required for employers with 250 plus returns)).

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Top Five Takeaways from MedPAC’s Meeting on Medicare Issues and Policy Developments — September 2016

The Medicare Payment Advisory Commission (“MedPAC”) met in Washington, DC, on September 8-9, 2016. The purpose of this and other public meetings of MedPAC is for the commissioners to review the issues and challenges facing the Medicare program and then make policy recommendations to Congress. MedPAC issues these recommendations in two annual reports, one in March and another in June. MedPAC’s meetings can provide valuable insight into the state of Medicare, the direction of the program moving forward, and the content of MedPAC’s next report to Congress.

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Davis Malm welcomes

Davis Malm welcomes Patrick T. Clendenen to the firm.

Patrick Clendenen practices in the Business Law and Litigation areas. He is a trial lawyer with significant experience in sophisticated business and fiduciary disputes, including contracts, consumer financial services, products liability, business torts, class action suits, derivative actions, and securities matters. He also focuses on intellectual property litigation, including Internet, patents, trade dress, and trade secret matters. 

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Week of September 12, 2016 on ILNToday – A Roundup!

roundupWho’s ready for the roundup? Let’s just dive right in!

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ILN Today Post

The new regulation of investment funds in participants – FIPS

The Securities and Exchange Commission (CVM) published on August 30, CVM Instruction No. 578 with the new rules governing the establishment, operation and administration of Investment Funds in Participations, the FIPs, reflecting the regulatory modernization of the fund industry and the approach the local rules to those practiced internationally.

Among the main innovations brought by the new rule are:

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ILN Today Post

OhioL Home rule authority can’t save Avon’s new lodging tax

In October of 2014, the city of Avon, Ohio passed Ordinance 113-14, which intended to create a convention and visitors’ bureau, and designate it the recipient of a new 3 percent excise tax on hotel accommodations. The law cited provisions of the Ohio Revised Code that permit municipalities, townships, and counties to enact a permissive excise tax on lodging of up to 3 percent. The Code limited the time in which this could be done, providing that a county could enact a lodging tax after July 1, 1980, only if no municipality or township that is wholly or partially located within that county had yet enacted its own lodging tax.
On April 29, 1983, Lorain County enacted a 3 percent lodging tax, which was possible because at that time, no municipality or township within it had yet adopted its own lodging tax.
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ILN Today Post

8 states receive federal grants to test new ways of funding transportation infrastructure

In a late August press release, the United States Department of Transportation’s Federal Highway Administration (FHA) announced that it had awarded eight states with a total of $14.2 million in grants to explore alternative revenue mechanisms to help sustain the long-term solvency of the Highway Trust Fund.
The new program, known as The Surface Transportation System Funding Alternatives, or STSFA, will pay for projects, mostly in the west, to test the design, implementation and acceptance of user-based alternative revenue mechanisms. Some states have already begun testing similar mechanisms; Oregon’s OreGo is one, in which motorists pay a tax on the miles they drive, not the gas they purchase. We described that and other states’ initiatives in July, noting that several east coast states along the I-95 Corridor had applied for federal grant money to experiment with their own pay-for-miles-driven programs.
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