North America

Which Certification is Right for You (Michelle Kantor)

Business Smart Week is an outgrowth of the Federal Reserve Bank of Chicago’s commitment to Corporate Social Responsibility. One of their two primary Bank-wide Diversity and Inclusion objectives is to ensure the fair inclusion and utilization of minority and women-owned businesses in procurement, insurance, and all types of contracts and by developing, coordinating, and executing technical assistance and/or capacity building programs for M/WBE Suppliers that enhance their skills and deepen their knowledge by leveraging FRBC expertise and contacts.

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“Workshops can help turn small business into big business” Michelle Kantor quoted in The Lane Report

The Kentucky Procurement Technical Assistance Center, part of the Kentucky Small Business Development Center within the University of Kentucky College of Agriculture, Food and Environment, is hosting two important workshops in Frankfort later this month.

The workshops, to run in concurrent sessions from 9 a.m. to noon and 1:30 to 4:30 p.m. EDT Thursday, Aug. 27, at the Frankfort Convention Center are:

  • Finding and Winning Simplified Acquisitions to Grow Your Business; and,
  • Joint Ventures, Teaming, Mentor Protégé Agreements and Federal Laws Impacting Your Bottom Line.
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IEEE further restricts patent rights

Earlier this year, the Institute for Electrical and Electronics Engineers (IEEE) revised its policy on the use of Standard Essential Patents (SEPs) further restricting the patent rights of patent holders.

The IEEE policy changes restrict the negotiating ability of patent holders in establishing a reasonable and nondiscriminatory (RAND) rate and remove an important lever by severely restricting the ability of patent holders to obtain an injunction against a knowing infringer. More…

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Calling the cops during a labor dispute

In February 1999, a labor dispute between the Venetian Casino Resort and two labor unions reached a boiling point. The Nevada Department of Transportation issued the unions a permit to hold a demonstration against the Venetian on a temporary walkway and on one lane of the Strip.

A representative of the Venetian spoke with the Clark County district attorney. The Venetian took the position that the temporary walkway was its private property and that the unions had no right to demonstrate there. More…

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Maxine Long and Ed O’Sheehan Earn Public Guardian Pro Bono Attorney of the Year Award

Shutts & Bowen attorneys Maxine Long and Edward O’Sheehan were honored this weekend with the Office of the Public Guardian Pro Bono Attorney of the YearAward. After reviewing the nominations, the Statewide Public Guardianship Office and the Foundation for Indigent Guardianship (FIG) announced the winners during the Florida State Guardianship Conference FIG reception on July 25, 2015. More…

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Joint transfers with children can have devastating results

According to the sort of estate planning advice that gets dispensed over back yard fences and in gym locker rooms, transferring property into joint tenancy with children is the easy way to accomplish a number of things – often avoiding probate fees, and sometimes a desire to leave a particular property to a child outside of the will.

Unfortunately joint transfers are also an easy way to set up your estate for a nasty public fight that will destroy relationships over a period of months or years. The recent case of Harshenin v. Khadikin is only one example in a long line of cases that involve essentially similar facts. In short:

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Intellectual Property: 6 updates from the USPTO on patent eligibility

The United States Patent and Trademark Office (USPTO) has released updated information for determining patent subject matter eligibility. The update addresses six common themes identified from public comments on the December 2014 Interim Guidance on Patent Subject Matter Eligibility.

  1. Additional examples
  2. Explanation of the “markedly different characteristics” analysis
  3. Information regarding how examiners identify abstract ideas
  4. Discussion of the prima facie case and the role of evidence with respect to eligibility rejections
  5. Information regarding application of the 2014 Guidelines
  6. Explanation of the role of preemption in the eligibility analysis, including a discussion of the streamlined analysis
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CONSTRUCTIVE DISMISSAL IN CANADA — A LEGAL CONSTRUCT CLARIFIED BY THE SUPREME COURT OF CANADA

1. Dynamic is an apt description of labour and employment law in Canada, particularly bearing in mind how these areas have been reshaped by the Courts in the past decade.1 While its bijural system of private law — Anglo-Canadian common law in nine provinces and three territories, and a distinctive civil law tradition in Quebec — might be expected to result in disparate solutions to common human resource issues,2 the Supreme Court of Canada, whose judges represent both traditions,3 has sought to harmonize employment law principles throughout the country.4 Where it felt useful, it is also borrowed from arbitral precedent of the unionized sector of Canada’s labour force, where reliance on precedent from other legal traditions has been more frequent. A review of the Supreme Court’s recent decision in Potter v. New Brunswick Legal Aid Services Commission, 5 in which numerous employment law principles were canvassed, reviewed, modernized and harmonized, is a seminal case in point. The fact that it arose in a common law environment did not deter Mr. Justice Wagner6 from, in part, using a comparative law framework to expand common law precedent to harmonize outcomes with norms already present in Quebec civil law. What results is not only needed clarification in various areas of employment law but a judgement which works effectively within Canada’s bijural system while remaining true to the principles of each legal system individually. More…

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Sharon Druker closes a transaction in the pharmaceuticals field

August 3, 2015 — On June 22, Gladius Pharmaceuticals Inc., a new Montréal-based biotechnology firm, announced the closing of the equity financing via a cross-border vehicle of US technology developed by Sopharmia Inc. This investment will support Gladius’ development of novel drugs destined to treat major multi-drug-resistant bacterial infections.

Sharon G. Druker represented Sopharmia and Gladius on the deal, which also involved SR One (GlaxoSmithKline’s venture capital fund) and Lumira (Merck Lumira’s venture capital fund), as well as the Fonds de solidarité FTQ.

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BNA Webinar: Opportunities and Obstacles: Preparing for the Transition to the ICD-10 Code Set

On Tuesday, September 1, 2015, from 1:00 PM to 2:00 PM ET, George BreenChair of Epstein Becker Green’s National Health Care and Life Sciences Practice Steering Committee, will co-present “Opportunities and Obstacles: Preparing for the Transition to the ICD-10 Code Set,” a webinar hosted by Bloomberg BNA.

With the transition to the ICD-10 code set coming in October, the health-care industry is grappling with adopting new technology and making last-minute preparations. The switch to ICD-10 also presents new opportunities to increase productivity and improve patient health.

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