North America

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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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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MONEY MATTERS: ATTORNEY CONTINUES TO DRAW ON HIS FINANCE BACKGROUND

Credit unions and other financial institutions have to navigate a complex web of laws and regulations.

“It’s incredibly fulfilling working with credit unions – as their underlying mission is to help their members,” says Steven Van Beek, an attorney with Howard & Howard Attorneys in Royal Oak, who previously served as vice president of Regulatory Compliance and senior federal counsel at the National Association of Federal Credit Unions (NAFCU). More…

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Clark Wilson’s Insurance Group to speak at the Insurance Institute of BC

The Insurance Institute of BC has invited Clark Wilson’s Insurance Group to discuss Property & Casualty Insurance: Top Cases & Industry Developments for 2013-2014. They will provide insights on topics such as legislative updates, arson and insurance and duty to defend. This event will take place on September 9, 2014 at UBC Robson Square.

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HOWARD & HOWARD’S MATTHEW J. KREUTZER APPOINTED A COMMISSIONER OF THE CA STATE BOARD OF LEGAL SPECIALIZATION

Royal Oak, Michigan, August 26, 2014:  Howard & Howard Attorneys PLLC is pleased to announce that Matthew J. Kreutzer has been appointed a Commissioner of the California State Board of Legal Specialization’s Franchise and Distribution Law Advisory Commission.  This four-year appointment starts in September.

The California State Board of Legal Specialization administers the state’s legal specialization program, provides policies and guidelines for certification and recertification of specialists and recommends new specialty areas and modifications to existing specialty areas to the State Bar’s Board of Governors. As a member of the Franchise and Distribution Law Advisory Commission – one of eleven advisory commissions that support the Board of Legal Specialization – Mr. Kreutzer will be involved in the review and recommendation on certification and recertification applications to the Board of Legal Specialization for Franchise and Distribution Law; development and grading of the legal specialist examination for Franchise and Distribution Law; review and approval of applications for approved legal specialty education provider status and for individual education programs for Franchise and Distribution Law; as well as recommend revisions to the standards for certification and recertification to reflect the current practice in the area of Franchise and Distribution Law. More…

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Theodore Goloff represents RSS at the American Bar Association’s annual meeting

August 26, 2014 — RSS was again active at the Annual Meeting of the American Bar Association, held in Boston from August 7 to 11. Theodore Goloff presented summaries of some of the most important Canadian judgments regarding labour relations, bullying, psychological harassment and age discrimination, to an audience of lawyers from within and outside the United States. The presentation was part of the meeting of the International Labor and Employment Law Committee of the ABA’s Section of Labor and Employment.

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