North America

How to follow USCIS policy when investor is a minor

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

There has been a lot of recent discussion on an investment by a minor and how it is treated by USCIS, in addition to the corporate issues related. The key factors to be considered are the following:

  1. A minor can be an investor. This was verbally confirmed by one of the Deputies of USCIS to me personally at the Miami Stakeholders Meeting on July 28, 2016.
  2. The key component of a minor Subscriber is USCIS’s concern that the investment is not voidable or void.
  3. Generally, the state law stated in the Subscription Agreement and/or Operating Agreement would apply as to what law would determine the enforceability of the investment contract. This will be discussed below. Independently, I checked with Chinese counsel who acknowledged that a minor is generally under the age of 18 and that a parent can sign for a minor as a guardian providing there is proof of the parent’s capacity.
Read full article

RSS has added to its strength!

September 21, 2016 — As part of its continuing expansion to better serve its clients, RSS is pleased to announce that it has added the following lawyers to its team during the summer:

Read full article

Shutts & Bowen welcomes four new attorneys

Shutts & Bowen LLP is pleased to announce the addition of four new attorneys to the firm. These new hires bring a diverse range of legal experience to support our more than 30 practice areas.

Alamea Deedee Bitran (Law Clerk, Fort Lauderdale) is a member of the Business Litigation Practice Group. Deedee focuses her practice on transactional and litigation cases. Deedee previously served as a Judicial Intern to the Honorable Ivan F. Fernandez in the Third District Court of Appeal.

Read More

Read full article

Twenty-One States Allege the New White Collar Salary Thresholds are Unlawful

A group of 21 states (“the States”) has filed a Complaint in the Eastern District of Texas challenging the new regulations from U.S. Department of Labor that re-define the white collar exemptions to the overtime requirements of the FLSA.  The States argue the DOL overstepped its authority by, among other things, establishing a new minimum salary threshold for those exemptions.

Pursuant to the new regulations from the U.S. Department of Labor, effective December 1, 2016:

  • the salary threshold for the executive, administrative, and professional exemption will effectively double from $23,660 ($455 per week) to $47,476 ($913 per week);
  • “Highly Compensated Employees” (“HCEs”) must earn annual compensation of at least $100,000; and
  • an indexing mechanism will be applied to automatically update the salary threshold and the HCE compensation requirement every three years.
Read full article

Howard & Howard continues to expand Los Angeles office

Royal Oak, Michigan, September 20, 2016: Howard & Howard Attorneys PLLC is pleased to announce that Brandon M. Garrett has joined the firm. He will practice out of the firm’s Los Angeles Office.
Mr. Garrett concentrates his practice in franchising and transactional business matters. He has assisted in the development and formation of dozens of franchise concepts in a variety of industries, including the preparation of disclosure documents and related agreements in the U.S. and Canada. Mr. Garrett has negotiated franchise agreements on behalf of both franchisees and franchisors. He has also represented clients in response to various state administrative actions and investigations.
Read full article

Preparing a Benefits Program in Advance of the DOL’s Overtime Rule – Employment Law This Week

In a “Tip of the Week” segment on Employment Law This Week, Will Hansen, Senior Vice President of Retirement Policy for The ERISA Industry Committee (ERIC), offers some advice on preparing a benefits program in advance of the Department of Labor’s overtime rule:

“The Department of Labor’s Final Rule increasing the overtime exemption threshold to $47,476 dollars will not only have an impact on the wages an employee receives, but also the benefits that they receive. In advance of these changes taking effect on December 1st, it’s important for companies to review their benefit programs. First, they should determine whether there will be any increase or decrease in the overtime wages provided, as well as an increase or decrease in salaried over hourly employees. Next, they should examine the financial impact any change in their workforce will have on the company. . . . Lastly, the company should look at other benefits, such as paid sick leave or commuter transit benefits to see if there will be a change in participation which would have an impact on costs.”

Read full article

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.

Read full article

Davis Malm Shareholder William F. Griffin, Jr. to Present at Boston Bar Association Program

On September 27th, William F. Griffin, Jr., a shareholder at Boston law firm Davis, Malm & D’Agostine, P.C., will be a featured speaker at the Boston Bar Association’s (BBA) program, “Deed Stamps: When Required, When Exempt and When Nonpayment is Challenged by the Department of Revenue.” Mr. Griffin, along with two other panelists, will discuss deed stamps, and will address when they are required, when a transaction is exempt, how the DOR enforces the obligation to pay deed stamps, and certain nuances for conveyancing practices.

Read full article

Davis Malm Continues to Expand with Addition of Patrick T. Clendenen

Davis, Malm & D’Agostine, P.C. announces that Patrick T. Clendenen has joined the firm as a shareholder. Mr. Clendenen practices in the Litigation and Business Law areas. He is a seasoned trial lawyer with 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. Mr. Clendenen has represented a wide range of public and private businesses and corporate clients nationally in both state and federal courts across the United States. He also represents business and corporate clients in international cross-border disputes, both in litigation and alternative dispute resolution.

Read full article

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.

Read full article