Monthly Archives: March 2011

HEALTH REFORM: CMS Holds First Teleconference Related to Sunshine Law for Pharmaceutical, Biotechnology, and Medical Device Companies

On March 24, 2011, the Centers for Medicare & Medicaid Services (“CMS”) held a teleconference,[1] titled “Transparency Reports and Reporting of Physician Ownership or Investment Interests.[2] During the teleconference, CMS provided interested parties with the opportunity to publicly comment on certain topics related to the implementation of Section 6002 of the Patient Protection and Affordable Care Act (“PPACA”). These topics included (1) additional forms and natures of payments and transfers of value to be considered by CMS for reporting; (2) accessibility to, and usability of, the reported data for consumers; and (3) mechanisms for accurate, efficient, and cost-effective reporting of data. CMS announced that “draft regulations” will be issued later this year and that interested parties would have the opportunity to also comment on these draft regulations. See “Federal Transparency Is Now a Reality: Challenges and Opportunities for Pharma, Devices, and PBMs” for an overview of Section 6002 of PPACA.

Read full article

PETA’s Use Of Canadian Club Trademark Gets Whacked

People for the Ethical Treatment of Animals (PETA) is in the news again for its cheeky ad campaigns, which sometimes use well known trademarks of other parties to garner exposure for its views on Canada’s seal hunt.  We previously blogged about the use by PETA of an ad featuring the 2010 Winter Olympic and Paralympic Games mascots. 

Read full article

Potential Investment Opportunities in Vietnam – Electricity

The second half of Alex Larkin’s presentation addressed the opportunities for foreign and domestic investors in the electricity generation sector. He began by saying that the government needs to make some good decisions to facilitate this, specifically when it comes to electrical pricing. Electricity is just too cheap at this point to attract foreign investors to come in and build power plants. They won’t make any money if they’re forced to sell at 5 cents per kilowatt hour.

Read full article

Lidings announces Ugur Boyacioglu joining the firms’ board of partners

Ugur Boyacioglu which has headed Lidings’ Turkish Desk for the past four years has joined Lidings as a Partner.

Mr. Boyacioglu graduated from Istanbul University with a L.L.M. degree in Public Law and is also admitted with Istanbul Bar Association.

Prior to becoming the Head of the Turkish Desk in 2007 Ugur Boyacioglu has been a practicing advocate in Turkish law representing interests of local as well, as foreign companies in such key sectors including construction, banking, retail, energy, manufacturing and logistics.

Read full article

Legal Framework for Foreign Investment & Establishment of Business Entities in Vietnam with Alex Larkin

Following Mr. Thao’s presentation on the Vietnamese Lawyers Federation and the history of the legal industry in Vietnam, the delegates turned their attention to Alex Larkin, who talked about the legal framework for foreign investment and the establishment of business entities in Vietnam.  Alex is a transplant from Washington State, so he had a unique perspective on the opportunities available to foreign investors.

Read full article

HEALTH REFORM: Government Regulators Issue Proposed Regulations Interpreting the ACO Requirements

Earlier today, the Centers for Medicare & Medicaid Services released the long- awaited proposed regulations implementing the Medicare Shared Savings Program. A copy of these regulations can be found by clicking here: CMS Proposed Regulations. In addition, the Federal Trade Commission and Department of Justice also issued a joint statement, entitled “Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program.” This statement can be found by clicking here: DOJ/FTC Proposed Statement.

Read full article

Vietnam Lawyers Federation and Legal Practice in Vietnam with Mr. Nguyen Van Thao

During the ILN’s 2011 Asia Pacific Regional Meeting in Hanoi, Vietnam, we had a very interesting presentation with Mr. Nguyen Van Thao, the Vice Chairman of the Vietnam Lawyers Federation.  He treated the group to a fascinating history of legal practice in Vietnam, and the current state of the legal industry.  After a welcome from our chairman, our local host lawyer, Mr. Phan Nguyen Toan, translated the presentation for us.

Read full article

The Newest Trend in California Wage-Hour Class Actions: Claims for Inadequate Seating

By:  Michael Kun

Employers who do business in California are already well aware of the wage-hour class actions that have besieged employers in virtually every industry.   Class claims for misclassification of employees as exempt employees or independent contractors first began to be filed more than a decade ago, and continue to be filed on a daily basis.  Claims for alleged work off-the-clock and missed meal and rest periods by non-exempt employees generally began later, but continue to be filed at an alarming rate. 

Read full article

A course in international commercial arbitration held in Vilnius

n 26 March, a one-day training course in commercial arbitration was held at the Narutis Hotel in Vilnius. Mr. William B. McLaughlin, FCIArb, and Ms. Yulia S Chernykh, FCIArb led the course. Mr. Stuart Ness, the Training Course Director of the Chartered Institute of Arbitrators European branch, was also present.

The course was organised jointly by the Chartered Institute of Arbitrators and TARK GRUNTE SUTKIENE. Mr. Vilius Bernatonis, head of the Baltic States branch of CIArb and partner at TARK GRUNTE SUTKIENE, noted on the occasion: “The commercial arbitration as a method of regulation of business conflicts is gaining recognition in the Baltics. This was a milestone event, as for the first time in our region the attendees were given an opportunity of becoming Associates of the Chartered Institute of Arbitrators. The fact that commercial arbitration is a truly universal method, not limited to one practice, was once again underlined by the much appreciated sponsorship of the event by the law firms Sorainen and Glimsted.”

Read full article

New Study Reveals that Women Board Members Create Opportunities for Women Executives

New findings by the Kellogg School of Management at Northwestern University underscore the benefits of adding more women to corporate boards. Kellogg’s study, entitled “Chipping Away at the Glass Ceiling: Gender Spillovers in Corporate Leadership,” reveals that “a higher representation of women on a company’s board of directors directly increases the female share of and access to higher positions within the company.”

The news that putting more women on a company’s board leads to more women in top management positions at that company is very encouraging. As David Matsa, assistant professor of finance at Kellogg aptly points out, this is a situation of “‘women helping women’ at the highest level of company leadership.” However, on the flip side, the study found that increasing the number of female top-level managers at a company won’t result in more women occupying board seats.

Read full article