Monthly Archives: December 2011

THE IMPACT OF THE NEW QUÉBEC BUSINESS CORPORATIONS

On February 14, 2011, the Quebec BusinessCorporations Act (“QBCA”) and the Act respecting the legal publicity of enterprises (“LPE”) simultaneously came into force. As you may recall from our last Communiqué, the QBCA replaces Parts I and IA of the former Companies Act (Quebec) (“QCA”) while the LPE consolidates into a single statute the former Act respecting the legal publicity of sole proprietorships, partnerships and legal persons and Act respecting the Enterprise Registrar.

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Art and money laundering

The bane of every English lawyer’s life is having to deal with the requirements of the Money Laundering Regulations.  These hail from the EU, but were adopted and expanded with enthusiasm by the last government. 
For every new client, we have to establish the identity of the client and, if the client is a company or trust, the identity of those who control or beneficially own the client.  Original or certified copy documents showing addresses, such as utility bills, and official photographs, such as passports, are required.  Failure to carry out these checks can have serious criminal consequences for the lawyer or those responsible for compliance, and so they can not be avoided.  For a commercial law firm with international clients it can be very difficult to identify those companies, organisations or beneficial owners, and that is particularly so when acting for the owners or purchasers of art. 
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POOL STORY – A COLD SHOWER FOR THE INSURER

In the case Wooden v. La Compagnie d’assurance Bélair Inc. rendered last May, the Superior Court granted judgment in favour of insureds whose pool had lifted from the ground.

The insureds were the owners of a house with an in ground pool in the backyard. In the spring of 2008, the insureds noticed that the pool had lifted a few inches from the ground. The insureds notified their insurer, who refused to indemnify them.

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Lidings named among TOP 20 players in the Russian market

Lidings, a leading Russian law firm advising foreign business, continues to strengthen its market position by entering into the list of twenty best players of the top 50 law firms in Russia, according to a study prepared by web portal “Pravo.Ru” in collaboration with “Vedomosti” and “Ernst & Young”.

Based on the main research results Lidings came out seventeenth in the revenue ranking of  top 50 law firms in Russia, a study that brought together key national and international market players.

Lidings also scored in the top in industry rankings, entering top five in the field of labor law and top ten in IP. In addition to that the firm was named among the best in the field of arbitration, corporate law, and mergers and acquisitions.

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Download Our Updated Guide to Non-Compete Laws in Illinois

We are pleased to announce that an updated version of our guide, “Non-Compete Laws: Illinois,” is now available in PDF format. The updated guide reflects the recent decision of the Illinois Supreme Court in Reliable Fire Equipment Company v. Arredondo, et al., which resolved several years of confusion over the appropriate standard for enforcing non-compete agreements in Illinois. The guide is part of a series of guides written and published by our firm, EpsteinBeckerGreen, and the Practical Law Company.

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Lidings became GM’s legal counsel in Russia

Lidings, a leading Russian law firm dedicated to advising foreign companies on all aspects of Russian law becomes the legal counsel of the world’s major automotive company GM Motors in Russia.

According to GM’s representatives the main criteria for choosing legal counsel in Russia was the high level of professionalism demonstrated by Lidings’ team and the firm’s position in the market that favorably distinguishes it both in terms of specialization and industry expertise.

Currently the priority areas of cooperation are the issues of corporate law, handling complaints and court representation.

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HAVE WHEELS, WILL TRAVEL (PART TWO)

There are countless cases where judiciary or administrative tribunals have had to rule on the application of the Quebec Automobile Insurance Act and decide if the victim of bodily injuries may or may not be indemnified by Société de l’assurance automobile du Québec(SAAQ). Every time we think we have a solid grasp of where the scope of application of the act begins and terminates, a judgement comes out that forces us to go back to our books.

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CLAIMS MADE AND REPORTED IN E&O POLICIES AND PRIOR KNOWLEDGE OF THE INSURED

The Quebec Superior Court recently ruled, in Teolis et Clinique Podiatrique de l’Est inc. c.
Iacono, Lloyd’s et American Home, that two professional liability carriers insuring a financial planner were not obliged to compensate a claim made by the client of the financial planner.

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HEALTH REFORM: CMS Issues Proposed Rules on Federal "Sunshine" Law for Manufacturers and GPOs

On December 14, 2011, the Centers for Medicare & Medicaid Services (“CMS”) issued long-awaited proposed rules with a lengthy preamble (collectively referred to herein as “Proposed Rules”) relevant to Section 6002 of the Patient Protection and Affordable Care Act, also known as the Physician Payment Sunshine Act. The Proposed Rules, along with sample reporting templates, are available athttps://s3.amazonaws.com/public-inspection.federalregister.gov/2011-32244.pdf.

Generally, the Physician Payment Sunshine Act requires applicable pharmaceutical, medical device, biological and medical supply manufacturers to report annually certain information to CMS regarding “payments and transfers of value” provided to “covered recipients.” The Physician Payment Sunshine Act also requires manufacturers and group purchasing organizations (“GPOs”) to report annually certain information to CMS regarding “ownership or investment interests” held by physicians and their immediate family members. The first report is due March 31, 2013. For an overview of the Physician Payment Sunshine Act, see the Epstein Becker Green health reform alert entitled “Federal Transparency Is Now a Reality: Challenges and Opportunities for Pharma, Devices, and PBMs.”

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Ohio Statehouse Update: Week in Review — December 16, 2011

 

1. Congressional map finalized

The legislature approved a new map establishing Congressional district boundaries this week after spending three months in deadlock. House Bill 369 established the new map (http://www.sos.state.oh.us/sos/upload/reshape/congressional/2011-12-15-statewide.pdf) and eliminated a second primary that was slated for June.

In September, Republicans passed legislation establishing Congressional boundaries for the state based on the 2010 decennial census. However, the Ohio Democratic Party had threatened to take the bill to referendum, claiming the map was drawn to favor Republicans in 12 of the 16 seats. Efforts were underway to gather the required signatures needed to take the map to the ballot. 

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