Monthly Archives: December 2011

ILN Today Post

Preferential term for the acquisition of land in Moscow at the reduced rates is extended until July 1, 2012

On November 22, 2011, the Russian Federation State Duma adopted Federal Law № 321954-4 concerning amendments to Articles 2 and 3 of the Federal Law, “On introduction of the Land Code of the Russian Federation and certain legislative acts of the Russian Federation” (hereinafter – the “Law”).

I. Acquisition of property

The most anticipated change in the Law is the extension of the preferential term for the acquisition of state land owned by individuals who are entitled to its privatization at the reduced rates of 20% and 45% of the cadastral value.

For the full article, please click here.

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December 2011 Update: Recent Georgia Appellate Court Decisions Hold Important Lessons for Lenders

Georgia appellate courts recently issued several opinions pertinent to the day-to-day operations of Georgia lenders. The following summaries of the opinions warrant review and consideration in order to avoid a number of potential pitfalls.

  1. An appraiser’s inclusion of a margin of error in making a value determination could save lenders from certain challenges during confirmation proceedings.

Summary

In one of its most recent banking opinions, the Georgia Court of Appeals issued a November 10, 2011, decision that emphasizes the importance of utilizing value appraisals that attach a margin of error when seeking judicial confirmation of a foreclosure sale.[1] In Superior Home Design, LLC v. State Bank & Trust,[2] a borrower challenged a trial court’s deduction of property taxes paid by the lender in determining that a foreclosed property sold for its true market value. The Court of Appeals found no need to address the merits of the borrower’s challenge, however, because the property sold for an amount that was within the 5 percent value margin of error assigned by the lender’s appraiser. Because the 5 percent margin of error created a value range that encompassed the actual sale price, the Court of Appeals affirmed the trial court’s confirmation of the foreclosure sale.

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December 2011 Update: Recent Georgia Appellate Court Decisions Hold Important Lessons for Lenders

Georgia appellate courts recently issued several opinions pertinent to the day-to-day operations of Georgia lenders. The following summaries of the opinions warrant review and consideration in order to avoid a number of potential pitfalls.

  1. An appraiser’s inclusion of a margin of error in making a value determination could save lenders from certain challenges during confirmation proceedings.
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ACO Final Rule – Drastically Reduces Quality Measure Requirements

The fourth installment of Ogden Murphy Wallace’s ACO series focuses on the quality measures ACOs will have to report and achieve during their participation in the Shared Savings Program.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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California Employment Laws: What’s on the Horizon

by Dena L. Narbaitz and Marisa S. Ratinoff

While everyone awaits the California Supreme Court’s ruling in Brinker Restaurant Corp. v. Superior Court (Hohnbaum) – which is expected sometime in early 2012 and will determine the scope of an employer’s meal and rest period obligations – employers must not lose sight of other important developments in California employment law. Below are brief summaries of some of the legislative enactments in California that will affect employers. Unless otherwise noted, these laws will take effect on January 1, 2012.

Read the full advisory online

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Rainmaking Recommendation from Jaimie Field, Esq. – The Why of Goal Setting

Never fear, Zen readers, I have not forgotten about our Twitter tutorials! However, I had a minor mishap with an exacto knife and Christmas gifts the other night, which has left me with five stitches in my left index finger, making it rather painful to type long posts! So between all of my recent travel and my latest clumsiness, you’ll have to wait just a bit longer for the latest installment.

In the meantime, I’d like to bring you another tip from my friend and Rainmaking expert, Jaimie Field of Marketing Field. You can see her previous rainmaking recommendations here or you can sign up to receive them right in your email inbox on the first and third Wednesdays of the month. I highly recommend doing that – they’re always excellent!

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A Recent Illinois Supreme Court Decision Should Make It Easier To Enforce Non-Competition Agreements

Arnstein & Lehr attorney Thadford A. Felton

Thadford A. Felton

On December 1, 2011, the Illinois Supreme Court issued an opinion in Reliable Fire Equipment Company v. Arnold Arrendondo, et al. that set forth the factors that the Illinois courts should look to in evaluating the reasonableness of non-competition agreements. The Court reaffirmed that a non-competition agreement is reasonable only if the following the following four conditions are met:

  • The covenant is ancillary to a valid employment relationship;
  • The covenant is no greater than is required for the protection of a legitimate business interest of the employer;
  • The covenant does not impose undue hardship on the employee; and
  • The covenant is not injurious to the public.
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ILN Today Post

Business owners: Check your business names and trade marks now

It is expected that from mid 2012 all business names will be registered nationally (rather than on a State or Territory basis) under a new business names registration system. read more…

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Attorney Jeremy M. Colvin joins the West Palm Beach office of McDonald Hopkins

Cleveland, Ohio, (December 8, 2011) – Experienced litigator, Jeremy M. Colvin, has joined the West Palm Beach office of McDonald Hopkins LLC, a business advisory and advocacy law firm with more than 135 attorneys. As a commercial litigator who represents financial institutions, Colvin has considerable experience in the areas of securities litigation, arbitration, and regulation. He frequently handles cases before the Financial Industry Regulatory Authority (FINRA). Most recently, Colvin was a shareholder with the Fowler White Burnett, P.A. law firm.

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Attorney Jeremy M. Colvin joins the West Palm Beach office of McDonald Hopkins

 Cleveland, Ohio, (December 8, 2011) – Experienced litigator, Jeremy M. Colvin, has joined the West Palm Beach office of McDonald Hopkins LLC, a business advisory and advocacy law firm with more than 135 attorneys. As a commercial litigator who represents financial institutions, Colvin has considerable experience in the areas of securities litigation, arbitration, and regulation. He frequently handles cases before the Financial Industry Regulatory Authority (FINRA). Most recently, Colvin was a shareholder with the Fowler White Burnett, P.A. law firm.

    Colvin, who is Of Counsel, is among eight attorneys who have joined McDonald Hopkins in South Florida in recent months. The 80-year-old firm, which opened a Miami office in April of this year, has had an office in West Palm Beach since 2004.  “We are delighted that Jeremy Colvin is enhancing our firm’s strong litigation team,” said John T. Metzger, Managing Member of the West Palm Beach office. “His commercial litigation expertise will provide significant value to our clients in South Florida and nationally.”

    For 13 years, Colvin has been defending brokerage firms, registered representatives, and financial advisors in customer disputes related to claims of breach of fiduciary duty, negligence, fraud, violations of state and federal securities laws, churning, unauthorized trading, over-concentration, and unsuitability. Moreover, Colvin handles cases involving employee raiding, non-competition agreements, non-solicitation, wrongful termination, promissory notes, and other employment-related disputes.

 

    Colvin earned a J.D. from the Western New England College School of Law in 1998 and a Bachelor of Arts degree from Siena College in 1995.  He is AV rated as preeminent by Martindale-Hubbell and is involved in a number of professional and civic organizations.

Jeremy M. Colvin can be reached at 561.472.2971 or jcolvin@mcdonaldhopkins.com.

About McDonald Hopkins

McDonald Hopkins is a business advisory and advocacy law firm focused on business law, litigation, business restructuring and bankruptcy, intellectual property, healthcare, and estate planning. The firm has offices in Chicago, Cleveland, Columbus, Detroit, Miami and West Palm Beach. The president of McDonald Hopkins is Carl J. Grassi. For more information about McDonald Hopkins, visit www.mcdonaldhopkins.com.

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