Monthly Archives: April 2012

A Conversation with Christine McMahon, President and Chief Executive Officer of Fedcap Rehabilitation Services, Inc.

Christine McMahon

Christine McMahon joined Fedcap in 2009 and has championed the organization’s strategic growth, significantly increasing the nonprofit’s size as well as its service delivery and reach among people in need throughout the Northeast.

Ms. McMahon has more than 25 years’ experience in social and mental-health services in New York and New England. She is nationally recognized for the breadth of her strategic vision and her expertise across a wide range of social programs, for the implementation of numerous social-service-delivery and community-based initiatives, and for influencing state and local healthcare and social policy. She previously served as Senior Vice President and COO of an Easter Seals region that encompassed New Hampshire, Vermont, Maine, Rhode Island, New York and Massachusetts.

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ARB Adopts Expansive View of Protections Afforded Whistleblowers Under the Consumer Product Safety Improvement Act, Continuing Recent Trends in Whistleblower Cases

The Administrative Review Board (“ARB”) on March 28, 2012 held that the whistleblower protection provisions of the Consumer Product Safety Improvement Act of 2008 (“CPSIA” or “Act”) are not limited to those who raise concerns only as to a “consumer product” as defined in the Act, but extends to any matter falling within the jurisdiction of the Consumer Product Safety Commission. Saporito v. Publix Super Markets, Inc., ARB Case No. 10-073. The ARB has thereby significantly expanded the number of manufacturers, distributors and retailers whose employees enjoy the whistleblower protections of the CPSIA.

Complainant Had Alleged Improper Handling of Food Products Specifically Excluded from CPSIA Coverage, Resulting in Dismissal of His Complaints Before OSHA and the ALJ

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Hydraulic Fracturing Risks and Opportunities

On April 18, 2012, Winston & Strawn and the Environmental Law Institute co-hosted an informative seminar on, “Hydraulic Fracturing Risks and Opportunities: Regulator, NGO, Industry and Investor Perspectives,” in New York City. The meeting was expertly chaired by May Wall, a partner in the law firm’s Environmental Law Department in Washington, D.C. The panelists included Kate Sinding, an NRDC Senior Attorney and Deputy Director of NRDC’s New York Urban Program; John Imse, a principal at Environ in Denver, who advises clients in the oil and gas industry; Lawrence A. Wilkinson, an analyst with Standard & Poor’s Oil & Gas Team; and Carol P. Collier, the Executive Director of the Delaware River Basin Commission. All four speakers were knowledgeable, informative and articulate. Unfortunately, there is insufficient space here to summarize all of the speakers’ discussion points.

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ILN Today Post

New special conditions for charity and not-for-profit tax concessions

On 17 April 2012, the Assistant Treasurer released a revised exposure draft on the special conditions applicable to tax concession entities including the ‘in Australia’ requirement and the definition of ‘not-for-profit’. The changes affect the requirements and criteria to be met to qualify for income tax exemptions in Australia by charities and not-for-profits which have any overseas activities.

The revisions are the result of consultations on the initial exposure draft released in July 2011 (see our update here).

The draft legislation is expected to be introduced into Parliament in mid-2012. More…

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FINRA Rule 13803: Compelling Arbitration Claims to be Filed in Court

By:  John F. Fullerton III

This is the second in our series of posts on practice and procedure in employment-related arbitrations before FINRA.  Check back often for future posts, subscribe to The Bellwether, or follow @bellwetherblog on Twitter so you don’t miss any!

As a general rule, it is more common to read about employers who have been sued in court by a former employee attempting to compel the claims into arbitration than an employer trying to compel arbitration claims to be filed in court.  Yet, under the occasionally overlooked FINRA Rule 13803, employers who are FINRA members have the ability in appropriate circumstances to compel an arbitration claim filed with the agency to be consolidated with a pending court proceeding.

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Legal 500 ranks TARK GRUNTE SUTKIENE among leading law firms in Baltics

The latest edition of Legal 500 has placed TARK GRUNTE SUTKIENE Estonia in the top tier in almost all of the areas covered. The firm is ranked as a 1st tier adviser in banking & finance, corporate and M&A, EU and competition, IP, IT and telecoms, real estate and construction. The Legal 500 2012 edition comments: “Banking & finance is a core area at TARK GRUNTE SUTKIENE, partner ‘Hannes Vallikivi and his team provide a good service and are pleasant to work with’. Head of Baltic M&A practice group Risto Vahimets ‘displays good business judgement’ and is ‘good at zooming in to real issues’. Satisfied clients say that TARK GRUNTE SUTKIENE provides a ‘level of service fully in accordance with our high expectations’. Head of Baltic Dispute & Resolution practice group, Erki Kergandberg, and partner Margo Lemettiare ‘highly qualified professionals able to see any case from different angles to provide the best possible solution’. The competition practice is steered by the ‘very enthusiastic’ Rene Frolov, who is ‘devoted to his clients’. Within IP, IT and telecoms, TARK GRUNTE SUTKIENE is a first tier firm, led by the ‘excellent’ Toomas Taube. Recently promoted partnerRolan Jankelevitsh heads the tax practice and demonstrates ‘good expertise’.”

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Legal 500 ranks TARK GRUNTE SUTKIENE among leading law firms in Baltics

The latest edition of Legal 500 has placed TARK GRUNTE SUTKIENE Estonia in the top tier in almost all of the areas covered. The firm is ranked as a 1st tier adviser in banking & finance, corporate and M&A, EU and competition, IP, IT and telecoms, real estate and construction. The Legal 500 2012 edition comments: “Banking & finance is a core area at TARK GRUNTE SUTKIENE, partner ‘Hannes Vallikivi and his team provide a good service and are pleasant to work with’. Head of Baltic M&A practice group Risto Vahimets ‘displays good business judgement’ and is ‘good at zooming in to real issues’. Satisfied clients say that TARK GRUNTE SUTKIENE provides a ‘level of service fully in accordance with our high expectations’. Head of Baltic Dispute & Resolution practice group, Erki Kergandberg, and partner Margo Lemettiare ‘highly qualified professionals able to see any case from different angles to provide the best possible solution’. The competition practice is steered by the ‘very enthusiastic’ Rene Frolov, who is ‘devoted to his clients’. Within IP, IT and telecoms, TARK GRUNTE SUTKIENE is a first tier firm, led by the ‘excellent’ Toomas Taube. Recently promoted partnerRolan Jankelevitsh heads the tax practice and demonstrates ‘good expertise’.”

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Samuel H. Levine and Justin L. Weisberg to speak at the ISBA Construction Program

Arnstein & Lehr Attorney Samuel H. Levine

Samuel H. Levine

Arnstein & Lehr Justin L. Weisberg

Justin L. Weisberg

Arnstein & Lehr Chicago Partners Samuel H. Levine and Justin L. Weisberg will be speaking at the ISBA Construction Program on April 16 in Bloomington, Illinois and April 27 in Chicago, Illinois. The conference, titled “The Construction Project from Womb to Tomb (and Then Back to Life),” and will offer six hours of MCLE credit and covers the construction project lifecycle, from acquiring the real estate to bringing failed projects back to life. Mr. Weisberg will speak on “Payment and Performance Bonds” and Mr. Levine will speak on “Enhancement and Priorities between Mortgagees and Lien Claimants.”

For more information regarding the conference, please click here.

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Ronald R. Fieldstone to speak at IIUSA EB-5 International Investment & Economic Development Forum

Arnstein & Lehr Attorney Ronald R. Fieldstone

Ronald R. Fieldstone

Arnstein & Lehr Miami Partner Ronald R. Fieldstone will speak on Monday, April 30 at the 2nd Annual Invest In USA EB-5 International Investment & Economic Development Forum in Laguna Hills, California. Mr. Fieldstone will speak on a panel titled “Importance of Independent Analysis in EB-5.”

For more information regarding the forum, please click here.

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Ronald R. Fieldstone to speak at EB-5 New York Summit

Arnstein & Lehr Attorney Ronald R. Fieldstone

Ronald R. Fieldstone

Arnstein & Lehr Miami Partner Ronald R. Fieldstone will speak at the 2012 EB-5 Investment Summit: Dealmakers Conference in New York City on April 27. Mr. Fieldstone’s talk is titled “Securities & Registered Broker/Dealer Issues for EB-5 Offerings.”

For more information regarding the forum, please click here.

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