Bernard Pinsky featured in Advisor article

“People tend to think stock options can make them rich. But not all plans are created equal, and some aren’t even that attractive,” says Bernard Pinsky, Q.C., who was featured in a recent Advisor article on employer/employee stock option plans. Check out the full article to learn more about vesting, taxation and other important factors.

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ILN Today Post

PPSA – these times they are changing

The final review of the Personal Property Securities Act 2009 (PPSA) was released by the Attorney General on 18 March 2015. The report makes 394 recommendations for the Senate to consider, the dominant theme being that substantial reform must be undertaken for the PPSA to achieve its original goals of providing more certain, consistent, simpler and cheaper arrangements for personal property securities.

Ostensible ownership

The most notable consequence from the initiation of the PPSA is that ownership of an asset may no longer be sufficient to protect a party in a priority dispute. Since the PPSA’s inception, the majority of case law has been developed in relation to this issue. More…

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ILN Today Post

Assessment of Australia’s AML/CTF regime by FATF

The Financial Action Task Force (FATF) (an inter-governmental body which sets standards for addressing money laundering and terrorism financing) recently handed down its Mutual Evaluation Report on Australia’s AML/CTF regime.  The last report was completed in 2005, and Australia’s AML/CTF regime has changed significantly since then.

While the report was generally positive, FATF identified a number of areas which could be improved.  More…

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The strange world of private art sales

I am often contacted by new or existing clients who are putting together a deal for the sale of some work of art, usually for an eye-watering amount.

These people are not the current owners, nor the proposed purchasers, but something in between: agents, advisors, introducers, dealers, and often not quite sure themselves.  They are sole traders whose only capital is their art market connections. They usually see themselves as being on the side of the buyer or seller, but sometimes both or neither.  They might be part of a chain of such people that will link the buyer and seller, or they are to one side of the chain.  Rarely will the art pass through their hands, either physically or by ownership.  Their interest is in some percentage or lump sum, but from whom, under what obligation and in what circumstances can be unclear.
No one knows the identity of everyone involved. Parties prefer to be confidential, and for a link in the chain to introduce the links on either side to each other would risk the in-between link being bypassed. The work of art is usually known, and so there is probably an owner ready to sell, but no one is sure if the ultimate buyer is in place, or still being sought.  If in place, unknown alternative chains might already be forming between the buyer and seller.
I can be asked to help to get the deal off the ground.  A lawyer’s ‘letter of intent’ seems to make an impression, because I am often asked to do one.  However, the letter will be carefully drafted to avoid any commitment, and all it really shows is that a lawyer has been brought in, which I suppose indicates some level of intent.
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Winners of Two Law Awards (11.5.2015)

HOMS are delighted to once again have received outstanding recognition and be named winners in the AIB Private Banking Irish Law Awards 2015 at the awards ceremony on 30th April. We were named Munster Law Firm of the Year 2015, Over Five Solicitors, and Legal Executive of the Year 2015 was won by Jacci Fox, our Debt Collection Manager. …

To View Entire Article  CLICK HERE…

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Healthcare Attorney Emily A. Johnson Joins McDonald Hopkins

CHICAGO (May 11, 2015) – Emily A. Johnson has joined the Chicago office of McDonald Hopkins as an associate in the firm’s Business Department.

Johnson comes to McDonald Hopkins after spending several years as a healthcare attorney and senior consultant at Murer Consultants, Inc., a national legal-based healthcare management consulting firm. While at Murer, Johnson gained valuable transactional health law experience, assisting health systems and physician groups with strategic, revenue generating initiatives and providing regulatory consultation to hospitals, physician groups and pharmacists. Her regulatory experience also includes change of ownership filings for CLIA and state and federal licensure filings, working within HIPAA and the 340B program, and she has additional experience working with Medicare and Medicaid enrollment and filings. Prior to Murer, Johnson worked with the National Association of Boards of Pharmacy and interned with the Cook County State’s Attorney’s office. 

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Week of May 4, 2015 on ILNToday – A Roundup!

This week started out on a high note, with a trip to San Diego to have lunch with our IP lawyers attending the International Trademark Association Conference there. It was our largest and most successful lunch to date, with many of them telling me it was the highlight of their conference, and it was certainly the highlight of my week!

I always enjoy the opportunity to sit down with my lawyers, especially the ones that I normally don’t see at our conferences during the year – and at an event as huge and crazy as INTA, they like a break in the chaos to have a nice lunch with their ILN colleagues!

So while they weren’t contributing to our excellent content line up this week, you’ll see more from them next week. And in the meantime, we do have a great round up for you!

 

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ILN Today Post

David G. Kirby Joins Lewis, Rice & Fingersh

Kirby_DavidLewis Rice LLC is pleased to announce David G. Kirby has joined the Firm as Of Counsel in the Jefferson City Office. David will focus his practice on governmental affairs and administrative law. Prior to joining Lewis Rice, David was an Assistant Attorney General and Senior Advisor to Missouri Attorney General Chris Koster. Additionally, he has worked with U.S. Senator Claire McCaskill and former U.S. Secretary of the Interior Ken Salazar.

Providing clients with meaningful solutions to major policy issues is an integral part of David’s practice. He works with a broad range of decision makers and maintains strong relationships throughout Missouri’s executive and legislative branches. Additionally, David’s litigation experience offers clients a useful understanding of both the federal and state court systems. More…

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ILN Today Post

Privacy Commissioner determines Telstra should cough up customer’s metadata

In a determination released on 4 May 20151 the Privacy Commissioner has ordered Telstra to provide Ben Grubb, a Telstra customer and Fairfax reporter, with access to certain metadata it holds about Mr Grubb on the basis that Mr Grubb’s identity could “reasonably be ascertained” by Telstra from that information. This determination has far-reaching implications for businesses and government bodies holding data related to an individual, even if that data does not directly identify the individual.

KEY POINTS FOR ORGANISATIONS

  • The Privacy Commissioner has found that certain metadata, including IP addresses, URLs of websites visited and mobile phone location data held by Telstra constitutes “personal information” under the Privacy Act.
  • Even though the metadata did not directly identify any individual, the Commissioner considered it personal information on the basis that the identity of an individual could “reasonably be ascertained” by Telstra, by Telstra cross-checking multiple databases and system information that it can access.
  • Organisations subject to the Privacy Act should be aware that, where information held by the organisation does not directly identify an individual, that information may still be caught by the Australian Privacy Principles where the individual’s identity can reasonably be ascertained by the business, even if considerable effort is required to actually identify the individual. More…
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ILN Today Post

The devastating consequences of variations

his article was published in Construction News on 27 April 2015

A recent case has shown that small sites combined with last-minute changes can be disastrous – so pay attention to variations.

A recent case before the Southwark Crown Court highlighted that small sites with last-minute changes are a particularly dangerous combination. Variations require as much attention as the original design. In this case, however, the health and safety implications were disastrously overlooked when there was a late change to the method of work. More…

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