Monthly Archives: February 2012

ILN Today Post

Property in a trading insolvency

This article was first published in Estates Gazette on 23 January 2012.

The acquisition of Plymouth Argyle Football Club from the club’s administrators was complicated not only by the labyrinthine regulatory structure of the football world, but also because valuable property and trading assets were held in the same entity. Similarly complicated non-property regulation and law pose particular problems for insolvent businesses in other fields, such as care homes, airports, hotels, nightclubs and restaurants, where property and trading issues are mixed.

This article discusses how some of the difficulties were addressed in the Plymouth Argyle deal and makes suggestions as to how these issues could be mitigated in other cases.

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Joel B. Rothman writes article for Nutritional Outlook on class action versus individual lawsuits over advertising claims

Arnstein & Lehr Attorney Joel B. Rothman

Joel B. Rothman

Arnstein & Lehr West Palm Beach Partner Joel B. Rothman authored the article “Class Action Lawsuits and Dietary Supplements: Not Always a Fit?,” which appeared in the February 8 edition of Nutritional Outlook. In the article, Mr. Rothman discusses how advertising claims should be analyzed, the different ways collective lawsuits can be brought, and which types of cases should be treated as individual lawsuits rather than collective class actions.

To read the article in full, please click here.

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Justin L. Weisberg to speak at the BIM Education Program on April 20

Arnstein & Lehr Attorney Justin L. Weisberg

Justin L. Weisberg

Arnstein & Lehr Chicago Partner Justin L. Weisberg will be speaking at the Building Information Modeling Education Program on April 20 as part of the Builders Education & Training Foundation’s course series. Mr. Weisberg’s talk, titled “Contract Negotiation and Risk Allocation,” will be given from 7:30am – 5:00pm at the Carpenters Training Center in Elk Grove Village, Illinois.

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E. Jason Tremblay writes article for Inside Counsel on handling employee’s references for terminated employees

Arnstein & Lehr Attorney E. Jason Tremblay

E. Jason Tremblay

Arnstein & Lehr Chicago Partner E. Jason Tremblay authored the article titled “How to properly handle references for terminated employees,” which appeared in the February 6 edition of Inside Counsel. Mr. Tremblay”s article focuses on the complications that may arise when a company gives a reference for a terminated employee. He indicates there is a fine line between disclosing too much information and not disclosing enough. Mr. Tremblay also shares some examples of references and possibilities to consider when creating a policy on handling references.

To read the article in full, please click here.

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Jesse R. Dill quoted in article on employee risks from use of social media

Arnstein & Lehr Attorney Jesse R. Dill

Jesse R. Dill

Arnstein & Lehr Milwaukee Associate Jesse R. Dill was quoted in a February 7 article in titled “Employers, workers navigate pitfalls of social media.” The article discusses the increased use of employees’ personal and professional  networking sites that can create uncomfortable situations for employers, and the varying types of social media policies that have been enacted by companies. Mr. Dill  is quoted several times in the article, commenting on the potential repercussions for employees who use social media to post their opinions, and the limited legal guidance on many aspects of social media in the workplace.

To view the article in full, click here.

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Alan G. Kipnis quoted in Palm Beach Post article on homeowner foreclosure settlement

Arnstein & Lehr Attorney Alan G. Kipnis

Alan G. Kipnis

Arnstein & Lehr Fort Lauderdale Partner Alan G. Kipnis was quoted in a February 10 article in the Palm Beach Post titled “$8.4 billion from foreclosure settlement to help Florida homeowners.” The article discusses Florida’s $8.4 billion cash and mortgage relief that will reduce loan amounts, help homeowners refinance into lower interest rates and give small cash payouts to people who lost their homes in flawed foreclosures. In Florida, twelve percent of the mortgages are in foreclosure. Mr. Kipbis, who represents banks in foreclosure cases, comments on how banks have had a role in the foreclose mess and this relief is a good step in helping people get their lives back together.

To view the article in full, click here.

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Robert E. McKenzie quoted in Forbes article on unreported income discovered by the IRS

Arnstein & Lehr Attorney Robert E. McKenzie

Robert E. McKenzie

Arnstein & Lehr Chicago Partner Robert E. McKenzie was quoted in a February 10 article in titled “Blimey! IRS Computers Dun British Lord For $13 Million.” The article discusses how IRS computer will match 1099s and W-2s against individual tax returns in search for unreported income. When discovering unreported income, the IRS sends a “Notice of Deficiency” letter that gives taxpayers a choice of going to Tax Court or agreeing to pay the whole amount. Also known as the “90 day letter,” Mr. McKenzie comments that it is increasingly common for taxpayers to get a 90-day letter even if they mail evidence to the IRS that a proposed assessment is wrong.

To view the article in full, click here.

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Whistleblowing & Compliance Law Blog 2012-02-17 11:49:56

By: Stuart M. Gerson

Lawson v. Fidelity Management & Research LLC, et al., No. 10-2240 (1st Cir. Feb. 3, 2012) (pdf), discussed in our February 16 posting, comes as a welcome development to privately-held companies that are providers of health care goods and services because it should, if followed generally, preclude whistleblowers from bringing the kinds of audit-related and financial accounting claims that are within the compass of the Sarbanes-Oxley Act (SOX). Many of these companies are, however, the recipients of payments that directly or indirectly involve funds generated through federally-financed health care programs like Medicare and Medicaid. Thus, before breathing a sigh of ultimate relief, such companies should recognize that, especially in view of the amendments to the Federal False Claims Act (FCA) made in the Patient Protection and Affordable Care Act, a clever whistleblower and his or her attorney can transmogrify a claim based on alleged accounting manipulations or misstatements into one that sounds of a so-called “reverse false claim,” i.e., knowingly withholding from the government funds that were improperly reimbursed to the provider. The FCA not only provides for the recovery of treble-damages and attorneys’ fees, but also has an anti-retaliation provision (that was the basis for the anti-retaliation protections included in Dodd-Frank). The Department of Health & Human Services, whose Inspector General is a principal arbiter of compliance and eligibility for participation in federal health care programs, has opined that, under the FCA, overpayments must be remitted to the government within 60 days of detection. And the agency recently has published a proposed rule on the subject. Companies potentially subject to the rule, whether public or not-for-profit, should review the proposed rule and discuss it with counsel or their trade association and, in any event, should be attentive to managing a thorough-going internal compliance program.

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Week of February 13, 2012 on ILNToday – Roundup!

Without further ado, some of this week’s top content from ILNToday:

  • A Tale of Two Trademark Appeals from Clark Wilson: In this post, Clark Wilson’s Larry Munn discusses two trademark appeals (as the title suggests!) – that of Clic International Inc. v. Convenience Food Industries (Private) Ltd., 2011 FC 1338 and David M. Locke v. Osler, Hoskin & Harbourt LLP, 2011 FC 1390.
  • First Circuit Limits SOX Whistleblower Protection to Employees of Public Companies from Epstein Becker & Green: In another discussion of appeals, EBG’s Christina Fletcher talks about the US Court of Appeal for the First Circuit’s decision, which narrows the scope of SOX whistleblower protection to employees of public companies, and not employees of their contractors or subcontractors who are private companies. 
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ICD-10 – Delayed

HHS announced yesterday its intent to delay the ICD-10 requirement.  Entities covered under HIPAA were required to comply with ICD-10 by October 1, 2013, HHS will now delay that date by a new compliance deadline yet to be announced.  To read the complete press release click here.

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

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