Regions

How to prepare for a dawn raid

This article was previously published in Real Business

Size and reputation mean little when an unannounced inspection (or a dawn raid, as they are commonly known) is conducted by a regulatory authority. Often, it will signal the start of protracted proceedings against an organisation, which can cause disruption and distress to the business and individuals alike.

Preparation is key. Whilst it will never be possible to predict if or when a dawn raid will take place, organisations should have a tried and tested plan in place so that informed decisions can be made on how to react.  More…

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Customs issue further notice on DDP transactions

In our Update of 21 August we referred to the revocation of Australian Customs Notice 2000 / 30 effected by the issue of a new Australian Customs and Border Protection Notice 2014 / 36.

The revocation of the earlier Notice was of some significance given that it had been in place for 14 years and that there was no forewarning that there were problems with the Notice which necessitated its revocation. More…

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Fed up with trusts? Try a FIC!

If you want to give something away but retain some control over it, chances are that an English lawyer will tell you to use a trust. 

I am a great fan of trusts but, let’s be honest, they have some potential drawbacks.  For example, if an individual puts more than £325,000 into trust, a 20% Inheritance Tax (IHT) entry charge could be payable.  Most trustees currently pay Income Tax at between 37.5% and 45% and Capital Gains Tax (CGT) at 28%, which leaves less after tax to reinvest.  It is also very difficult to prevent beneficiaries interfering in the trust administration completely – the whole premise of a trust is that the trustees have to be accountable to the beneficiaries.  Laudable but not always wanted.

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Attorney Christopher Graham Dean joins McDonald Hopkins

CLEVELAND, Ohio (August 28, 2014) – Christopher Graham Dean has joined the Cleveland office of McDonald Hopkins as an associate in the firm’s Litigation Department.

Dean joins McDonald Hopkins after more than five years at a Chicago-based firm where he provided representation to clients in a variety of litigation matters. He has experience in commercial litigation, including contract, fiduciary duty, professional negligence, mechanics’ lien claims, and intellectual property litigation. Dean has substantial experience in all aspects of trial and appellate preparation, as well as managing complex discovery processes.

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New York Certificate of Public Advantage (COPA) Program Alert: Revised Regulations Are Particularly Relevant to DSRIP Participants

On August 27, 2014, the New York State Department of Health (“DOH”) issued revisions to its proposed regulations implementing the Certificate of Public Advantage (“COPA”) process, which will facilitate immunity for New York health care entities from state and federal antitrust liability through active state supervision of covered activities. Earlier proposed regulations were issued on September 18, 2013. The DOH’s revisions clarify the process of application, reporting requirements, periodic review, and scope of antitrust protections for entities listed in a COPA, as well as the state agencies involved in the COPA program. Public comment on the revised regulations will be accepted through September 26, 2014.

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Multistate Tax Update — August 28, 2014

Professional athletes seem to have it all. They get to play sports for a living, travel around the country, spend lots of money, live in big homes, drive fancy cars, and gain notoriety and fame. The lifestyle of a professional athlete though can be quite taxing, literally. Professional athletes must navigate a complex scheme of state and local tax laws, and are subject to taxation in nearly every destination in which they perform over the course of a season. While there is a widespread perception that athletes are subject to a unique set of taxes specially designed for athletes, often referred to as “jock taxes”, that is not entirely accurate.

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Bernard Pinsky speaks on the TSX’s new rules against "zombie directors"

Bernard Pinsky was featured in “TSX makes majority voting mandatory,” an article about new rules against “zombie directors” of publicly traded companies. A zombie director is a person who does not have the confidence of a company’s investors, but remains on the board nonetheless. The new rules will “give more power to shareholders,” explains Pinsky, “moving towards more accountability.” Bernard was also featured in another article, “Traditional viewpoint appears to be in flux,” and commented on how, when it comes to negotiating in good faith, Canadian courts may start moving towards the position taken by U.S. courts in cases that required good faith negotiations.

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CIPO’s acceptable wares and services entries: added to TMClass, made Trilateral friendly

CIPO has announced two interesting changes regarding its Wares and Services Manual.

TMClass

First, CIPO-approved entries have now been added to TMClass, a multi-jurisdictional database of acceptable goods and services claims maintained by  Europe’s Office for Harmonization in the Internal Market (OHIM).  TMClass now contains acceptable goods and services descriptions for nearly 40 different jurisdictions in 29 different languages, making it an increasingly useful resource for practitioners who are crafting IDs with an eye to minimizing or altogether avoiding local ID objections.

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Focus on Customs reform here and in the EU and our uptake on FTAs

It’s been a busy couple of weeks in the trade policy “space” (to use the cliché) and it is very clear that Governments here and overseas are placing an increased focus on customs reform as part of a global push on trade facilitation and de – regulation, even though the Protocol on adoption of the WTO Trade Facilitation Agreement was not adopted by the deadline of 31 July 2014.  In a related topic, a number of studies have recently been released which emphasise the need to improve the use of Free Trade Agreements (“FTA“) and for Governments to adopt measures to assist in that process. More…

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AVOIDING COMMON FRANCHISING PITFALLS FOR FRANCHISEES

A Practice Note discussing select causes of disputes and other liabilities that franchisees commonly overlook when entering into franchise agreements or other transactions that implicate state or federal franchise laws. This Note describes certain steps prospective franchisees can take to identify potential liability in franchise arrangements, including understanding franchising disclosure documents, fees and contract provisions. This Note primarily addresses franchisee concerns and does not present a comprehensive list of all possible franchising pitfalls. It is merely a guide to assist franchisees to avoid important, but commonly overlooked, areas of liability in franchising transactions. More…

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