ILN Today Post

Super Lawyers Recognizes 40 Lewis Rice Attorneys

Lewis Rice is proud to announce 27 of our attorneys have been named to the 2014 Missouri & Kansas Super Lawyers® list. Super Lawyers is a rating service recognizing outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The multi-phased selection process includes independent research, peer nominations and peer evaluations.

Also this year, Super Lawyers named 13 Lewis Rice attorneys to the Missouri & Kansas Rising Stars® list. The Rising Star award honors the top up-and-coming attorneys in the state who are 40 years old or younger, or who have been practicing for 10 years or less. More…

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ILN Today Post

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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ILN Today Post

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

According to recent statements from an SEC commissioner, 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.  He added that cybersecurity is of ‘‘particular concern because of the widespread and severe impact that cyber attacks could have on the integrity of capital markets infrastructure and on public companies and investors.’’

Commissioner Aguilar did not direct his comments at any particular industry, but his words are inherently most relevant for organizations whose operations require the receipt and storage of individuals’ personal or private information, such as those in the healthcare, retail, social media or e-commerce spaces. More…

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ILN Today Post

Five Qs: Evonne Xu on Building Chinese-U.S. Business Relations

Evonne Xu, an attorney and counselor at Royal Oak-based Howard & Howard, spoke with DBusiness Daily News about her experience in bringing Chinese investment and businesses to the U.S. and Michigan.

1. DDN: How do Chinese businesses feel about investing in Detroit and in Michigan? More…

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ILN Today Post

FuBus: Genussrechts-Inhaber sind Gläubiger ersten Ranges

Der Insolvenzverwalter der Future Business KGaA, Bruno M. Kübler, Seniorpartner der bundesweit tätigen Kanzlei KÜBLER, wird die Forderungen der Genussrechts-Gläubiger als erstrangig behandeln. Dies teilte er heute auf einer vom Amtsgericht Dresden einberufenen außerordentlichen Gläubigerversammlung für Gläubiger von Genussscheinen und Genussrechten mit. Zweck der heutigen Gläubigerversammlung war die Wahl eines gemeinsamen Vertreters der Genussrechtsgläubiger. More…

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Webcast — McDonald Hopkins Energy Forum: Keystrokes to Kilowatts: The Benefits of Multi-Tenant Data Centers

Our panelists will discuss the financial and employment impact of enterprise data center colocation, as well as the benefits to organizations seeking to reduce their risk and capture operational and financial efficiencies. Topics we will cover:

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Best will for… Part 3: most married couples

I like the simple things in life.When it comes to wills, most of my married couple (and civil partnership) clients want to keep things simple too.‘Everything to my spouse and then to my children equally, please’ is a common refrain.There is nothing wrong with that.

The only problem with keeping things that simple, though, is that you can be wrong-footed if your family’s circumstances have changed by the time you die, or afterwards.The child’s marriage doesn’t work out.The child’s ex-partner wants a stake in your child’s home.Your spouse loses capacity to manage finances after your death.Lawyers have a tendency to look on the black side and chances are none of these things will happen.However, the fact is that a simple will, leaving everything to heirs outright, gives no protection against any of these things, so you are taking a risk.

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Business Restructuring and Bankruptcy Alert: U.S. patent licensees get support against foreign debtors

The United States Supreme Court recently declined to grant certiorari to Qimonda, a foreign manufacturer of semiconductors subject to insolvency proceedings in Germany. The request sought to determine the applicability of German insolvency law to licensees of U.S. patents.

Qimonda AG, which entered insolvency in 2009, holds as its primary asset an IP portfolio containing nearly 10,000 patents, of which 4,000 were held in the United States. In doing so, the Supreme Court let stand the Fourth Circuit Court of Appeals’ decision in Jaffe v. Samsung Electronics Co., 737 F.3d 14 (4th Cir. 2013), cert. denied, No. 13-1324 (Oct. 6, 2014), to affirm a prior Bankruptcy Court decision declining to apply German insolvency law to holders of U.S. patent licenses. Therefore, licensees of Qimonda’s U.S. patents were allowed to retain their respective rights under such licenses pursuant to 11 U.S.C. § 365(n). 

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Multistate Tax Update — October 9, 2014

In Fish, Hrabrick and Briskin v. Township of Lower Merion, the Commonwealth Court of Pennsylvania concluded that the imposition of the business privilege tax (BPT) on the appellants’/lessors’ (Appellants) rental income, defined as gross receipts from lease transactions, violates the Local Tax Enabling Act (LTEA).

The Township’s Municipal Code (Code) containing the BPT requires “every person engaging in a business, trade, occupation or profession in the township” to pay an annual business privilege tax at the rate of 1.5 mills on gross receipts.

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Preparing for Canada’s Anti-Spam Law … Part Two: the Installation of Computer Programs

By Jennifer Lowson, Articled Student; edited by Neil Melliship

It has now been over four years since Canada’s Anti-Spam Law, commonly known as “CASL”, was first introduced as proposed legislation. Nevertheless, it has been in sharp focus this year as the provisions against sending unwanted commercial electronic messages came into force on July 1, 2014.

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