Regions

Preparing for BC’s new Water Sustainability Act

Aaron Singer prepared a presentation for the BC Fruit Growers Association on compliance with BC’s new Water Sustainability Act. The act regulates ground and surface water in addition to dams and wells. Check out the presentation to learn more.

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Endringer i arbeidsmiljøloven – regulering av konkurransebegrensende avtaler i arbeidsforhold

Den 1.1.2016 trådte nye regler om konkurransebegrensende avtaler i arbeidsforhold i kraft. Reglene er å finne i arbeidsmiljøloven kap 14 A. De nye lovreglene innebærer en betydelig innskjerping av i hvilke tilfeller det kan avtales konkurranse- og kundeklausuler mellom arbeidsgiver og arbeidstaker. Det er i tillegg et forbud om rekrutteringsklausuler mellom virksomheter, med unntak for situasjoner hvor det er forhandlinger om virksomhetsoverdragelse. Lovendringene vil få stor praktisk betydning og det kan for mange virksomheter være nødvendig med en revidering av gjeldende arbeidskontrakter. Dersom man ikke foretar en justering, vil klausuler i strid med reglene kunne bli kjent ugyldige. For avtaler inngått før ikrafttredelsen, gis loven virkning først ett år etter ikrafttredelsen, slik at man har 2016 på å områ seg.

Advokatfirmaet Økland & Co har dyktige advokater med spesialisering innenfor arbeidsrettens område, som kan bistå med utforming av klausuler i henhold til de nye lovbestemmelsene.

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Network Adequacy: A Multimarket Recap of 2015 and Looking Ahead

2016 is poised to be a major year in network adequacy developments across public and private insurance markets.  Changes are ahead in the Medicare and Medicaid managed care programs, the Exchange markets and the state-regulated group and individual markets, including state-run Exchanges.  The developing standards and enforcement will vary significantly across these markets.

Through 2014 and 2015, major news stories discussed concerns over the growing use of narrow provider networks by issuers on the Affordable Care Act’s insurance exchanges (“Exchanges”).  Others reported on enrollees’ frustration with receipt of unexpected charges from out-of-network practitioners when receiving treatment at in-network facilities (often referred to as “surprise bills”). 

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Craig D. Levey to Moderate MBA Program

On March 15, Davis Malm attorney Craig D. Levey will moderate the Massachusetts Bar Association (MBA) Legal Lunch Program, “Feed Your Mind: Massachusetts Appellate Practice and Procedure.” The session will cover how judges prepare for argument and how appellate panels decide the cases before them, as well as briefings, oral arguments, and amicus briefs. The discussion will also feature two guest speakers from the Massachusetts Appeals Court: The Honorable William J. Meade and Joseph F. Stanton, Esq. 

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Thomas S. Fitzpatrick Co-Chairs MCLE’s 15th Annual Business Litigation Conference

On January 22, Davis Malm shareholder Thomas S. Fitzpatrick co-chaired the Massachusetts Continuing Legal Education’s (MCLE) 15th Annual Business Litigation Conference. Mr. Fitzpatrick’s presentation, “Year-in-Review: Top 10 Cases,” analyzed how the top cases of 2015 impact litigation practices. He also moderated a panel of judges from the Business Litigation Session, who discussed recent trends and addressed questions regarding the judicial panel sessions.

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Jalsovszky launches banking & finance practice group

As of January 2016, Jalsovszky Law Firm is expanding its services with the introduction of a Banking & Finance practice group. The new team is headed up by Gábor Pázsitka, one of the leading attorneys in the Hungarian banking & finance legal market. With almost 20 years’ of professional experience, including 10 years at the finance practice groups of two Magic Circle international law firms, Gábor joins the firm as a partner. Currently consisting of three lawyers, the group advises on the full range of banking and finance matters, including syndicated lending, project and structured finance.

There is another significant organisational change at the firm that celebrated its 10th anniversary recently. As of 2016, István Csővári, one of the leading tax lawyers at Jalsovszky, has been promoted to a partner at the firm, with a primary focus of further developing the internationally acknowledged, market-leading tax practice. István will also continue to participate in other advisory practices of the firm.

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RSS and the Montreal Museum of Fine Arts join forces

January 29, 2016 — The Unplugged event in connection with the Colours of Jazz exhibition was the perfect occasion for RSS to demonstrate its support for the Young Philanthropists’ Circle of the Montreal Museum of Fine Arts Foundation.

The event, that took place on Thursday, January 28, allowed our guests and members to admire the works created almost a century ago by the Beaver Hall Group, while mingling in a most joyous atmosphere. Associating our firm with an exhibition of works created in the 1920s was a natural fit, since RSS was founded in 1921.

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Executors: it’s time to turn detective or risk a penalty

An essential part of any executor’s job is to work out the assets and liabilities of the estate that they are administering. An executor also owes a statutory duty to HMRC to correctly report the value of the estate to it so that, if any Inheritance Tax is due on the estate, the right amount is paid.

The job of the executor is made more difficult because the Inheritance Tax rules require gifts made in the seven years prior to death to be brought back into account. However it’s not uncommon for an executor to know next to nothing about the deceased’s personal finances, let alone what gifts the deceased has been making and to whom. This can be a real problem for executors because if the executor reports to HMRC that there have been no gifts but HMRC is able to produce evidence of gifts having been made, the executor may receive a tax geared penalty, calculated with reference to the potential tax forgone if the gift had remained undiscovered, which the executor is personally liable for. So how much detective work does an executor have to do to avoid any risk of getting a penalty for undeclared gifts?

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The Wage Hour Division Issues an Interpretation on Joint Employment Relationships

Joint EmploymentAs part of the Wage Hour Division’s continuing focus on defining the employment relationships covered by the FLSA, the Division’s Administrator has issued an Administrators’ Interpretation (as well as a Fact Sheet) addressing joint employment relationships.  At the very least, the Interpretation suggests that the Division will be seeking to use the “joint employer” doctrine to pursue multiple entities – and “deeper pockets” – to address wage issues.

“Larger and More Established” Employers

The Administrator’s Interpretation notes that joint employment often involves one “larger and more established” employer “with a greater ability to implement policy or systemic changes to ensure compliance.”  In those cases, the Administrator suggests that the Wage Hour Division may hold the larger company responsible for “financial recovery” and “future compliance.”

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Deception in divorce: non-disclosure of assets

Divorcing spouses in England and Wales have a legal duty to the court and to each other to provide full and frank disclosure of all capital assets, liabilities and income, not just in the UK but also on a worldwide basis. The duty is ongoing until the divorce is concluded, either by court order or by an agreement between the parties embodied in a consent order which is approved by the court.

The underlying principle is that couples are not allowed to hide any assets from each other during their divorce. Such transparency is essential to ensure that both parties are fully informed of what constitutes the family pot. Only then can the pot be fairly divided to meet the needs of each spouse and any children.

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