Regions

Lawrence J. Casey Selected as Mentor for SBANE’s New England Innovation Awards Program

Davis Malm shareholder Lawrence J. Casey has been selected as a mentor for the Smaller Business Association of New England (SBANE) Innovation Awards Program. Mr. Casey will work with four companies from various industries to review pitches and presentations, and advise on best practices throughout the three-phase selection process. Winners will be announced at the SBANE Innovation Awards Presentation and Gala Dinner on May 11, 2017.

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New draft law introduces a variety of changes to the Federal law “On joint stock companies” implementing a system of inner compliance in a joint stock company

Text of draft law initiated by Russian Ministry for Economic Development of the Russian Federation (hereinafter – the “Draft law”) was posted on January 25, 2017 on the federal Internet portal for the draft laws (http://regulation.gov.ru).

According to the publicly available information1 Draft law has undergone the stage of public discussions. The Draft law is expected to be soon introduced to the State Duma review.

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Employment Law This Week: Waiver of Meal Breaks, Transgender Guidance Withdrawal

Two stories on the new episode of Employment Law This Week will be of particular interest to our readers in the health care industry:

California Health Care Workers Can Waive Breaks

California health care workers can still waive some breaks. In February 2015, a California appeals court invalidated an order from the Industrial Welfare Commission (IWC) that allowed health care workers to waive certain meal breaks. The court found the order, which allowed the workers to miss one of their two meal periods when working over eight hours, was in direct conflict with the California Labor Code.

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California Health Care Workers Can Waive Breaks – Employment Law This Week

Featured on Employment Law This Week – California health care workers can still waive some breaks.

In February 2015, a California appeals court invalidated an order from the Industrial Welfare Commission (IWC) that allowed health care workers to waive certain meal breaks. The court found the order, which allowed the workers to miss one of their two meal periods when working over eight hours, was in direct conflict with the California Labor Code. The state legislature then passed a new law giving the IWC authority to craft exceptions going forward for health care workers. This month, the appeals court concluded that its 2015 decision was based on a misreading of the statute and that even waivers occurring before the new law are valid.

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Peterka Partners – The CEE Law Firm Newsletter 1Q 2017

CZECH REPUBLIC

New Act on Public Procurement

On 1 November 2016, the new Act on Public Procurement, reflecting three European Directives from 2014, came into effect in the Czech Republic. The new Act brings with it more extensive scope for the application of the general principles of public procurement (transparency, non-discrimination, equal treatment, proportionality, etc.).

Electronic Records of Sale

On 1 December 2016, the Act on Electronic Records of Sale entered into effect. Due to the Act, a new system of online information for the tax authorities on all cash payments received was introduced and it caused the closing of a few small businesses; however, no substantial problems have yet occurred.

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Aspects of the proceedings for the annulment and replacement of shares under Panamanian legislation

The purpose of the judicial procedure related to the annulment and replacement of shares contemplated in the Panamanian legislation is to request, before the corresponding authorities, the annulment and replacement of shares (registered or to the bearer) due to loss, destruction or theft, in which the owner must prove or justify his property right as well as the reason for making such request.

Article 961 of the Panamanian Commercial Code stipulates the following:

Article 961. Letters of exchange, shares, stocks, and obligations and other commercial titles may be annulled in court upon the request of the owner thereof proving his rights and the facts motivating such a request”.

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North Carolina: Governor presents his budget proposal for the 2017-19 biennium

Gov. Roy Cooper recently released his proposed budget for the biennium 2017-2019, Common Ground Solutions for NC. The governor said he wants to focus on “invest[ing] in a better educated, healthier and more prosperous North Carolina without raising taxes or fees.” The plan contains no proposals to increase taxes or fees, nor does it deploy nonrecurring funds on recurring needs.
The $23.5 billion plan includes an additional $1.1 billion of spending over the current budget, reported USNews. Gov. Cooper defended this as “’catch up’ after years of neglect in education spending by GOP lawmakers.” The governor opined that the GOP had spent too much on income and corporate tax cuts, thus highlighting the main policy differences between the parties. Indeed, one republican lawmaker criticized the proposal as “reckless,” warning that the “$1 billion spending spree would surely return us to the days of high taxes and multi-billion dollar deficits.”
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South Carolina: Support for a gas tax increase the rise

According to the American Petroleum Institute, the national average gas tax as of its January 1, 2017 quarterly update is 49.44 cents per gallon. This consists of the following:
  • State excise taxes: 21.3 cents
  • Other state taxes: 10.01 cents
  • Federal excise taxes: 18.40 cents
South Carolina’s gas tax is less than that, at 35.15 cents per gallon, because the Palmetto State’s portion is so much lower than the national average:
  • State excise taxes: 16.00 cents
  • Other state taxes: 0.75 cents
  • Federal excise taxes: 18.40 cents

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Jury still out on whether sin taxes change behavior

In March 2015, Berkeley, California was the first city in the nation to pass such a law subjecting sugary beverages to a tax, of a penny-per-ounce.
And last year, much was made of new sugar-sweetened beverage tax laws in Boulder, Colorado, and three California jurisdictions, Albany, Oakland, and San Francisco. Boulder’s tax is 2 cents per ounce; Albany’s is one-cent per ounce; Oakland passed a one percent increase of the general sales tax; and San Francisco’s beverage tax is one-cent per ounce.
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What employers need to know about the American Health Care Act

On Monday, March 6, House Republicans released the American Health Care Act, their long-awaited plan to repeal and replace the Affordable Care Act (ACA), more commonly known as “Obamacare.” While the goal for Republicans over the last eight years has been to repeal the ACA in its entirety, for the most part the new bill leaves much of the existing legislation in place.

The reason why stems from the rules for the process in which Republicans seek to pass the American Health Care Act: budget reconciliation. The advantage of passing the ACA repeal and replace legislation as a reconciliation bill is that only a simple Senate majority is required for passage (some may recall that parts of the ACA were enacted using the same mechanism).

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