North America

Energy Alert: Carbon, coal, and regulatory uncertainty – Comment deadline is hours away

Today marks the filing deadline for comments on the U.S. EPA’s proposed 111(d) rule under President Obama’s Clean Power Plan. Under the Clean Air Act, the proposed 111(d) rule seeks to limit carbon emissions from existing power plants. Already, more than one million comments have been filed on this rule and thousands more are expected before the filing deadline tonight. In addition, the rule for new generation facilities under 111(b) of the Clean Air Act is already complete, though litigation is sure to follow. And, on November 25, the United States Supreme Court agreed to take up the question of whether the U.S. EPA should have considered the cost of implementation of the Mercury and Air Toxics Standard in formulating that rule, further complicating the regulatory landscape for power generators and consumers.

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Veronica Franco presents to the Canadian Condominium Institute

Veronica Franco is presenting tomorrow to the Canadian Condominium Institute Vancouver Chapter’s half day strata educational seminar taking place out in Burnaby. Veronica will speak on strata legal issues and how to prevent them.

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Heather Hettiarachchi attending the CBA Labour & Employment conference

Heather Hettiarachchi is attending the Canadian Bar Association’s 15th Annual Administrative Law, Labour and Employment Law Conference taking place in Ottawa this weekend. The conference will cover Navigating the Future: Emerging Issues for Practitioners in Administrative, Labour and Employment Law.

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Marion Allan presents at the CLE Mild Traumatic Brain Injury event

Marion Allan is presenting this afternoon at the Continuing Legal Education Society of BC’s Mild Traumatic Brain Injury event taking place today at the Pan Pacific Hotel. Marion is speaking on the strategy and tactics, best practices and pitfalls when resolving brain injury cases.

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Lauren Liang presenting to RBC Wills & Estate Group

Tonight Lauren Liang is presenting at an RBC Wills & Estate Advice event on the subject of Wills: To Have or Not to Have. Speaking to a primarily Asian clientele, she will discuss the Rules of Intestacy under the Wills, Estates and Succession Act (WESA).

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Nafeesa Valli-Hasham speaking at TSX Ignite

This afternoon, Nafeesa Valli-Hasham is presenting at the TSX Ignite event taking place at The Roundhouse. Nafeesa is speaking on Panel Two: Four Practices to Make Your Company Better. TSX Ignite is a program dedicated to the growth and development of Canadian companies. TSX Ignite offers advice that is relevant to your company’s growth plan.

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HRSA Withdraws 340B “Mega-Reg;” Plans to Issue Guidance in 2015

On November 13, 2014, the Health Resources and Services Administration (“HRSA”) announced its plans to abandon the much anticipated “mega-reg” amid questions concerning HRSA’s rule-making authority.  The “mega-reg” was expected to provide much needed clarity to the 340B drug discount program (the “340B Program”) by addressing, among other things, the definition of an eligible patient, compliance requirements for contract pharmacy arrangements, hospital eligibility, and criteria for hospital off-site facilities.

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Complimentary Webinar – A Year in Review: What’s New in the World of Trade Secrets and Non-Competes

To register for this webinar, please click here.

Join Epstein Becker Green Attorneys David J. Clark, Robert D. Goldstein, and Peter A. Steinmeyer on Tuesday, December 16, 2014 at 1:00 p.m. EST for a 60-minute webinar.

This webinar will discuss recent developments and what to expect in the evolving legal landscape of trade secrets and non-competition agreements. With some businesses progressively feeling that their trade secrets are at risk for attack by competitors – and perhaps, by their own employees – this session will focus on how to navigate this developing area and effectively protect client relationships and proprietary information.

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Considerations for Employee Benefit Programs That Benefit Employers and Employees

My colleague Lee T. Polk authored Epstein Becker Green’s recent issue of its Take 5 newsletter.   This Take 5 features five considerations suggesting the advantages of employee benefit plans as programs that are beneficial to both employers and employees.

  1. Tax Aspects of Qualified Retirement Plans Can Save Money For Both Employers and Employees
  2. The Benefits of a Contractual Claims Limitation Period
  3. The Benefits of a Contractual Venue Selection Clause
  4. The Standard of Judicial Review in the Context of Top Hat Plan Benefit Disputes
  5. Fiduciary Exception to the Attorney-Client Privilege in Plan Administration

Read the full newsletter here.

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Multistate Tax Update — November 26, 2014

Nevada: Voters decline the margin tax initiative

This election season, the Tax Foundation (Foundation) was closely watching voters in Nevada to see if they would approve the implementation of a margin tax, a member of the gross receipts tax family. The Foundation reported that the initiative was an attempt to raise revenue for public schools, but that voters defeated it “in a landslide.”

Prior to the election, the Foundation feared that Nevada would join the five other states—Delaware, Ohio, Virginia, Washington, and Texas (which has a modified version)—that have what it considers to be an economically damaging tax.

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