Monthly Archives: November 2011

ILN Today Post

Commencement of Amendments to User Rights Principles

In October 2011 the amendments to the Aged Care Act 1997 (Cth) commenced. Simultaneously, amendments to the User Rights Principles 1997 (Cth) were also introduced.  The Principles combined with the Act deal with the key requirements as to the payment and protection of accommodation bonds.  read more

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ILN Today Post

I can buy it, but what if I don’t want it? Government releases ‘Reforming flood insurance – A proposal to improve availability and transparency’ consultation paper

As part of its review of the issue of flood coverage in Australia, the Natural Disaster Insurance Review panel (the review panel) considered several options to increase the availability and affordability of flood insurance offered by the private insurance market in the aftermath of the 2010/2011 storms and flooding in Queensland and Victoria.  One such option was to require all insurers to offer flood cover, with consumers having the option to ‘opt out’ (the proposal). read more

 

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ILN Today Post

C S v Anna Biedrzycka [2011] NSWSC 1213: Do administrative staff owe a duty of care to a patient’s sexual partners?

This case concerned a patient (LB) of a medical practice in Eastern Sydney who, due to the negligence of medical practitioners and staff, was not informed that she was HIV positive.  Unaware of her medical condition, LB had unprotected sexual intercourse with the plaintiff.  The plaintiff contracted HIV as a result.  read more

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ILN Today Post

Surfing the diversity wave

There is a tidal wave of new legal developments that impact diversity, including the proposed Workplace Gender Equality Act 2011, changes to the ASX Corporate Governance Principles and Recommendations which have now come into effect and the first equal remuneration case under the Fair Work Act 2009 (Cth).  read more

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U.S. Department of Labor Targets Hospitality Industry Through New iPhone/iPad Applications

By:  Casey Cosentino

There is an on-going trend by the U.S. Department of Labor (“DOL”) to leverage popular technology to increase public and consumer awareness of the laws and regulations it enforces. Indeed, the DOL is continually exploring creative ways to share information with the public using the fastest and most-wide reaching means available. Through technology, the DOL is intentionally providing employees and consumers with enforcement data about companies, particularly hotels and restaurants, so that they can make informed employment and patronage decisions. 

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TARK GRUNTE SUTKIENE represented AB Snaigė shareholders in transferring shares and bonds to the strategic investor

TARK GRUNTE SUTKIENE represented KJK Fund SICAV-SIF, Amber Trust SCA SICAF-SIF, Firebird Republics Fund, Ltd. and Firebird Avrora Fund, Ltd., the major shareholders of AB Snaigė in the transaction on transfer of shares and bonds in AB Snaigė to the strategic investor Russian company Polair.

By means of the transaction amounting to nearly EUR 13 million, the investor will acquire 60% of shares and will take over the control of the company. Furthermore, the clients of the law firm will transfer their convertible bonds of AB Snaigė to the investor.
AB Snaigė is the only manufacture of refrigerators, freezers and coolers in the Baltic States. According to the unaudited non-consolidated data, AB Snaigė’s turnover for the first three quarters of the current year reached LTL 93.4 million.

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Overhauling the Medicare Coverage with Evidence Development Guidance Policy? Comments Requested by CMS

On November 7, 2011, the Centers for Medicare & Medicaid Services (“CMS“) issued a public solicitation for comments on the Medicare program’s coverage with evidence development (“CED“) guidance policy. Comments are due by January 6, 2012. In CMS’s most recent solicitation for comments, CMS describes CED as a mechanism “through which we provide conditional payment for items and services while generating clinical data to demonstrate their impact on health outcomes.”[1] We urge all clients interested in Medicare coverage for new items and services to submit comments.

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McDonald Hopkins Services and Industries Overview Brochure

Despite the complexity and uncertainty in the world today, our attorneys are focused on insightful legal solutions that help our clients strategically plan for an increasingly competitive future.

That is why we have an 80-year track record of counseling our clients through the most difficult times.

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Multistate Tax: InvestOhio offers up to $100 million in tax credits

The State of Ohio is now offering a non-refundable personal income tax credit for investing in small businesses in Ohio. Interested investors must act quickly for a share of the limited amount of tax credits, which will be awarded on a first come, first served basis. Registration begins Monday, November 14, 2011.

To encourage investment in the more than 900,000 small businesses in Ohio, the State has launched InvestOhio, a program which could allow a non-refundable personal income tax credit of 10 percent to investors who acquire an ownership interest in an Ohio small business. To be eligible, the Ohio-based business in which the investor invests must have no more than $50 million in assets or no more than $10 million in annual sales. The business must also have at least 50 Ohio-based employees that are subject to Ohio personal income tax withholding OR have more than half of its employees be Ohio-based employees that are subject to Ohio personal income tax withholding. The small business must reinvest the cash that was invested (into one of five categories of allowable expenses) within six months. Furthermore, the investor must retain his or her ownership interest for two years before claiming the tax credit. (We issued an alert on this subject in September 2011, InvestOhio: New Ohio tax credit enacted to encourage investment in Ohio).

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Professional Women Too Stressed to Sleep

I was not surprised to see an article in The New York Times regarding the prevalence of insomnia among working mothers.

Last week, I attended a dinner of the National Association of Women Lawyers (NAWL) General Counsel Institute. At the dinner table, I enjoyed interesting conversation with some accomplished women. We shared anecdotes of work, work-related travel, children, homework, and sleep – or, more accurately, our lack of sleep.

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