Monthly Archives: October 2011

Twitter Tutorials – Getting Started

Don’t worry – I know I haven’t finished my Facebook series yet, or even gotten very far underway.  But because we’re expecting some major changes with Facebook with the rolling out of the new “timeline,” it makes sense to wait until it’s out before moving forward.

So in the meantime, I thought I’d get started with our Twitter tutorials, particularly since I had a request from a non-legal family member on behalf of a colleague for some assistance!

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Business Seminar in Minsk: Raising Finance, Investing and Investment Protection

TARK GRUNTE SUTKIENE together with Hogan Lovells, the European Bank of Reconstruction and Development, and the leading Belorussian business law firm Vlasova Mikhel & Partners on November 18 are organising a business seminar Raising Finance, Investing and Investment Protection: A Master Class. The seminar will take place in Minsk, Belorussia.

Full seminar programme and registration information:

In English

In Russian

The Master Class is free of charge to attend.

 

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Ohio Statehouse Update: Week in review — October 28, 2011

1.  Issue 2 support down in polls, fundraising

In 11 days, Ohio will decide the fate of Issue 2, the controversial collective bargaining law approved by the state legislature earlier this year. We Are Ohio, the group pushing for referendum of Senate Bill 5, reported it has raised $19 million since July. Conversely, Building a Better Ohio, a group in support of maintaining the law, raised $7.5 million during that time.

According to a Quinnipiac University poll released earlier this week, Ohio voters support the repeal of Senate Bill 5, 57 percent to 32 percent.

The poll found the following Ohio voter opinions on public employee issues:

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Revisiting the Medicare Shared Savings Program: An Interagency Effort to Promote Accountable Care

by Ross K. Friedberg, Shawn M. Gilman, Mark E. Lutes, David E. Matyas, René Y. Quashie, Serra J. Schlanger, Carrie Valiant, Dale C. Van Demark, and Lesley R. Yeung

On October 20, 2011, the Centers for Medicare & Medicaid Services (“CMS”) released its final rule (“Final Rule”) implementing the voluntary Medicare Shared Savings Program (“Program”) for accountable care organizations (“ACOs”). The Program was established by Section 3022 of the Patient Protection and Affordable Care Act. The Final Rule was released in conjunction with revised antitrust guidance from the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”), as well as with the establishment by CMS and the Department of Health and Human Services’ Office of Inspector General (“OIG”) of several waivers from various fraud and abuse laws. As part of this interagency effort to facilitate participation in the Program, the Internal Revenue Service (“IRS”) also issued a fact sheet regarding nonprofit organizations’ participation in ACOs.

Read the full alert online

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Arnstein & Lehr selected as Top Ranked Law Firm by Martindale-Hubbell®

Arnstein & Lehr has been recognized as one of the top nationally ranked law firms in the U.S. following our inclusion in the first ever Top Ranked Law Firms™ list released by the Martindale-Hubbell legal directory.  Martindale-Hubbell honors those firms having at least 33 percent of attorneys achieving a Martindale-Hubbell AV® Preeminent™ Rating.   Nearly 40% of Arnstein & Lehr partners have AV® Preeminent™ Peer Review Ratings.   To see a list of each of the firm’s Peer Review rated attorney’s please click here.

Fortune magazine will recognize Arnstein & Lehr, along with other 2012 Top Ranked Law Firms, in its December 26 issue. The Top Ranked Law Firms™ list was created using several criteria, including the number of attorneys at each firm who have earned an AV® Preeminent™ rating by Martindale-Hubbell.


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ILN Today Post

Lommen Abdo’s News You Can Use

Lommen Abdo’s October/November 2011 e-newsletter is fresh off the virtual presses with news about:

  • Minneapolis’ Appellate Lawyer of the Year…Kay Nord Hunt.
  • Seminars hosted for closely held businesses and entertainment industry.
  • NLRB requires new postings.
  • Legislation changes patent priorities.
  • And it’s time to start thinking about Toys for Tots!

And there is a lot more news about Lommen Abdo and our clients. Please click here for more information.

 

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ILN-terviews: Bill Holder, Clark Wilson

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we chose ILN member, Bill Holder of our member firm Clark Wilson in Vancouver, Canada.

In one sentence, how would you describe your practice?
I am engaged in the practice of business litigation with about 50% of my files involving real estate/commercial tenancy disputes and the other 50% being larger collection matters.

Who would be your typical client?
Real estate developers, commercial landlords/shopping centers, and international creditors.

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Special Immigration Alert: H-1B Filings Approach Quota

As of October 21, 2011, U.S. Citizenship and Immigration Services (USCIS) has received 46,200 petitions that count against the 65,000 H-1B Regular Cap, and 20,000 petitions that count against the 20,000 H-1B Master’s Cap.  This means that, as of October 21, 2011, all new petitions qualifying for the advanced degree exemption will be counted under the regular cap.  USCIS will continue to accept new petitions until it has filled the H-1B Regular Cap.

We anticipate that the pace of H-1B submissions will quicken now that the 2012 cap door is closing.  For this reason, we strongly advise employers to identify, and promptly file, any petitions subject to the H-1B Cap.  This includes F-1 students working pursuant to optional practical training, as well as L-1B employees switching to H-1B status to extend authorized stay due to delays in the green card process.  Any foreign national candidates who do not make it under the 2012 H-1B Cap may not be able to start work, or continue working, until October 1, 2012 – or later!

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HEALTH REFORM: Revisiting the Medicare Shared Savings Program: An Interagency Effort to Promote Accountable Care

On October 20, 2011, the Centers for Medicare & Medicaid Services (“CMS”) released its final rule (“Final Rule”) implementing the voluntary Medicare Shared Savings Program (“Program”) for accountable care organizations (“ACOs”). The Program was established by Section 3022 of the Patient Protection and Affordable Care Act. The Final Rule was released in conjunction with revised antitrust guidance from the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”), as well as with the establishment by CMS and the Department of Health and Human Services’ Office of Inspector General (“OIG”) of several waivers from various fraud and abuse laws. As part of this interagency effort to facilitate participation in the Program, the Internal Revenue Service (“IRS”) also issued a fact sheet regarding nonprofit organizations’ participation in ACOs.

Click here to download the entire alert in PDF format.

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Combining State Court Rule 23 Class Action with Federal FLSA Collective Action

By Evan J. Spelfogel

For several years, employers’ counsel have moved to block the combining of state wage and overtime claims with federal Fair Labor Standards Act (“FLSA”) claims, arguing that Rule 23 opt-out class actions were inherently inconsistent with FLSA collective opt-in actions. For support, they cited to the decision of the Third Circuit in De Asencio vs. Tyson Foods, Inc., 342 F. 3d 301 (3rd Cir. 2003) reversing a district court’s exercise of supplemental jurisdiction because of the inordinate size of the state-law class, the different terms of proof required by the implied contract state-law claims, and the general federal interest in opt-in wage actions. Since De Asencio, numerous district courts in the Third Circuit have dismissed state law wage claims that paralleled FLSA claims because of the “inherent incompatability” between opt-in collective actions and opt-out class actions. 

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