Monthly Archives: September 2011

ILN Today Post

The Miami Office of McDonald Hopkins law firm moves to a larger suite in the Southeast Financial Center

The Miami Office of McDonald Hopkins law firm
moves to a larger suite in the Southeast Financial Center

Miami, Florida (September 26, 2011) – The Miami office of McDonald Hopkins LLC moved to Suite 3130 on the 31st floor of the Southeast Financial Center at 200 South Biscayne Boulevard to accommodate growth and expansion.

“We are very excited that our space in the Southeast Financial Center enables us to grow in the Miami market,” said Raquel A. “Rocky” Rodriguez, managing member of the firm’s Miami office. “We are actively recruiting talented and experienced attorneys to join our national practice groups.”

McDonald Hopkins, which has an 80-year history, entered the Miami market in late April when Rodriguez, who served as general counsel to former Florida Governor Jeb Bush and most recently was a partner at McDermott Will & Emery LLP, joined the business advisory and advocacy law firm. Rodriguez, who serves on the McDonald Hopkins’ board of directors, has more than 25 years of experience counseling clients on a wide variety of government, business and litigation matters.

McDonald Hopkins has been in South Florida for seven years prior to opening in Miami. Its West Palm Beach office opened in 2004. With additional offices in Chicago, Cleveland, Columbus, and Detroit, McDonald Hopkins has 135 attorneys. For more information about McDonald Hopkins, visit www.mcdonaldhopkins.com.

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ILN Today Post

Andrej Rudanov conducted a seminar for the manufacturers and wholesale distributors of medicinal products, food supplements and medical equipment

On 23 September 2011, senior associate Andrej Rudanov conducted a specialised seminar organised by UAB VR Trading for Lithuanian and foreign manufacturers and wholesale distributors of medicinal products, food supplements and medical equipment. In the seminar, A. Rudanov presented the new provisions of effective pharmacy legislation and key issues arising in the application of the new provisions. The lecturer focussed on particularities, means and forms of presentation of advertising of medicinal products, food supplements and medical equipment. In addition, effective requirements for the pricing and advertising of reimbursable and non-reimbursable medicinal products and for the performance of pharmacy activities were discussed. A. Rudanov also presented planned regulatory amendments. The participants of the seminar assessed and analysed the requirements for advertising of medicinal products, food supplements, cosmetic products, medical equipment and devices, the aspects of potential inconsistencies between and harmonisation of such requirements.

According to the participants of the seminar, the lecturer addressed particularly relevant topics and the discussion held at the seminar was constructive and useful.

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ILN Today Post

Whistleblower Risks – It May Be Time to Reexamine Assumptions about their Management and Insurability

Those concerned with managing or insuring risk are affected increasingly by the evolution of whistleblowing, especially as new laws and interpretations since 2009 have changed the stakes by redefining whistleblower protections and bounty award entitlements.

Virtually any risk management program written prior to the 2008 elections may need to be recalibrated to take account of new definitions introduced by whistleblower features of legislation nominally concerning healthcare and financial services, but in reality reaching much more broadly beyond the bounds of the industries ostensibly targeted. The subject matter of protected activity, the appropriate manner for an informant or tipster to communicate, the remedies for employment-related reprisals, and the opportunity to share in sanctions imposed by the government are part of laws enacted in the past two years that introduce entirely new rights and obligations or importantly amend existing ones.

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ILN Today Post

Building Relationships and Trust in a Network of Lawyers, Part III – Guest Post from Barry Camson

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Barry Camson is an organization development consultant and trainer who works with organizations to help them be more collaborative and effective. He is a former practicing attorney in Boston. He can be reached at bcamson@aol.com.

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In our first two posts, we discussed some of the pitfalls that befall law firms today, as well as how the ILN network of law firms is managing its members to avoid these same pitfalls. Today, we will look at the ILN’s “secret sauce” and identify how this can be translated to firms, themselves.

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ILN Today Post

Trademark protection in the new domain frontier

My January 2011 column addressed the importance of trademark protection for names of PR firms. This topic is particularly important now, due to two new developments involving domain names. PR agencies that have not already filed a federally registered trademark in the name of their firm now have an added reason to do so.

The worldwide Internet domain name system is coordi- nated by a nonprofit entity called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN recently implemented two new domain name suffixes known as generic top-level domains (gTLDs). Perhaps the most familiar gTLDs are “.com,” “.org,” “.net,” and “.edu.” ICANN just introduced two new suffixes – .XXX gTLD and the unique or branded gTLD, in addition to the familiar and traditional suffixes previously mentioned.

For the full article, please click here.

 

 

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ILN Today Post

Ohio Statehouse Update: Week in review — September 23, 2011

1. Governor holds Energy & Economic Summit

Governor Kasich this week held his 21st Century Energy & Economic Summit at The Ohio State University, produced by Battelle Memorial Institute. The Governor criticized the federal government for not having an energy policy and said that the Summit was meant to be the beginning of a comprehensive, jobs-friendly energy policy for Ohio. He indicated that he would not favor one energy industry over another, noting that some reporters have tried to get him to say that he would like to do away with the renewable energy standards included in Senate Bill 221 from the 127th General Assembly, which require that 25 percent of the state’s electricity come from alternative energy sources by 2025. The Governor said that the state needs wind and solar energy, but that they must be realistic about the cost and availability of these sources.

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ILN Today Post

Tax Alert: IRS rolls out worker classification program…

Does your business have an independent contractor issue?

There has been significant focus by the IRS and other governmental agencies over the last few years on whether businesses are appropriately characterizing workers as employees or independent contractors.  The IRS has unveiled a new voluntary compliance program to help businesses that have improperly classified their workers as independent contractors.  Under this program, employers who voluntarily change the classification of their workers from independent contractors to employees will essentially not be penalized and will not be subject to audit for prior years.  The terms of this new program are very favorable and should be considered by any business that has an independent contractor whose status as such is questionable.

To qualify for this program, the business must:

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ILN Today Post

TARK GRUNTE SUTKIENE advised in the implementation of AB SANITAS share acquisition transaction, one of the major and most successful mandatory takeover bids of recent years

Vidmantas DrizgaDeimantė KorsakaitėMantas Gofmanas

TARK GRUNTE SUTKIENE acted as legal advisors of Valeant Pharmaceuticals International, Inc. in submitting and implementing a mandatory takeover bid to buy up the remaining voting shares in AB SANITAS.

In the course of the mandatory takeover bid, the value of the bought-up shares constituting 79.32 per cent of the company’s shares subject to the mandatory takeover bid totalled EUR 19,804,428 (LTL 68,380,729).

In this process TARK GRUNTE SUTKIENE, i.e. partner Vidmantas Drizga, senior associate Deimantė Korsakaitė and associate Mantas Gofmanas, were legal advisors to the offeror in drafting the prospectus of the takeover bid, as well as all other documents related to the project, represented the offeror before the Securities Commission of the Republic of Lithuania, AB NASDAQ OMX Vilnius, and performed any other actions necessary in connection with the takeover bid.

The takeover bid was announced after the implementation of the transaction on the acquisition of 87.2 per cent of AB SANITAS shares by Valeant Pharmaceuticals International, Inc. represented by TARK GRUNTE SUTKIENE.

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ILN Today Post

Tark Grunte Sutkiene counselled Cgates in the acquisition of Mikrovisatos TV

TARK GRUNTE SUTKIENE counselled UAB Cgates in acquiring 100 per cent stake in UAB Mikrovisatos TV, a major provider of pay TV services in Lithuania. In 2010, the consolidated turnover of UAB Cgates amounted to LTL 30 million and UAB Mikrovisatos TV achieved the turnover of LTL 20 million. After the acquisition, UAB Cgates will become the second largest provider of pay TV and fixed broadband Internet services in Lithuania after TEO and will have 180 thousand subscribers.

The lawyers of the law firm TARK GRUNTE SUTKIENE performed legal due diligence, drafted and harmonised transaction documents, drafted a notification of concentration, coordinated the signing process and will represent the client at closing. Partner Marius Matonis and senior associate Aurimas Pauliukevičius ran the counselling process.

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Labor Board Takes Another Step into Management Decision Making

By: James S. Frank and D. Martin Stanberry (Admission Pending)

On August 23, 2011, the National Labor Relations Board (“Board”) ruled that a hospital whose nurses are represented by a union does not have the authority to unilaterally implement an employee flu vaccination program because, in the Board’s view, ensuring patient safety is not a core purpose of the enterprise.  Virginia Mason Hospital, 357 N.L.R.B. No. 53 (August 23, 2011).  Specifically, the Board rejected the employer’s reliance on what is known as the “Peerless defense,” and held that the National Labor Relations Act (“NLRA”) prohibits a hospital from implementing public safety programs without first bargaining over the proposal with a union that represents its employees.

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