Monthly Archives: May 2012

DOJ Postpones ADA Compliance Date for Pool Lifts

By:  Kara Maciel

On March 15, 2010, the U.S. Department of Justice (“DOJ”) had temporarily postponed compliance with the 2010 ADA Standards as it relates to providing accessible entries and exits to pools and spas.  That day was set to expire later this month, on May 21, 2012, but the DOJ has announced that it will extend that compliance date to January 31, 2013 – a nine month extension from the original compliance date of March 15, 2012.

This extension to January 31, 2013, however, does not change the substance of the DOJ’s requirement that lifts be “fixed.”  The DOJ failed to address concerns raised by the lodging industry and associations through the public comment period that fixed lifts could increase liability to operators from children or misuse around unattended pools, that lifts should be able to be shared between multiple pools and spas, or the concerns over extensive electrical and construction work that would be associated with installing a fixed lift. 

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TARK GRUNTE SUTKIENE sponsored the Vilnius University team that took part in the international competition of law students in The Hague

Law firm TARK GRUNTE SUTKIENE sponsored the Vilnius University team of students from the Faculty of Law that took part in the Telders International Law Moot Court Competition of the International Court of Justice that was held in The Hague. This competition, which is attended by law students from universities from the entire Europe, has been organised since 1977.

In this prestigious competition, with student teams from 27 European universities participating this year, the Vilnius University was represented by the second-year student Ieva Matusevičiūtė, third-year students Virgilijus Pajaujis and Tadas Varapnickas and the fifth-year student Gintarė Taluntytė. The doctoral student Gintarė Pažereckaitė of the Faculty of Law of the Vilnius University assisted the team in getting ready for the competition. The participants’ presentations were evaluated by experts of international law from all over the world, whereas the finals were refereed by judges from the International Court of Justice L. Skotnikov, Ch. Greenwood and K. Keith.

During the competition the students analysed such problematic issues of international law as applicability of universal jurisdiction, when a person is suspected of genocide crimes, application of international and sovereign immunities to officers of another country and legitimacy of kidnapping a foreign citizen in order to have him tried in one’s own country.

TARK GRUNTE SUTKIENE is glad having an opportunity to contribute to the well-rounded education of young lawyers.

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Nauris Grigals on settlement process of commercial dispute, "Dienas Bizness"

Nauris Grigals

In 16 May 2012 issue of newspaper “Dienas Bizness” Nauris Grigals, TARK GRUNTE SUTKIENE attorney at law, gives his opinion on the necessity of an integrated solution to the existing settlement process of commercial disputes. He explains that an effective and fast process is a fundamental basis for successful entrepreneurial activity, and therefore the state has to create an environment in which this goal can be achieved. In his opinion this could be done by decreasing the duration of the dispute review in the state courts, as well as by creating an environment which would encourage review of disputes in out of court procedures.

Click here to read the publication (available in Latvian).

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TARK GRUNTE SUTKIENE sponsored the Vilnius University team that took part in the international competition of law students in The Hague

Law firm TARK GRUNTE SUTKIENE sponsored the Vilnius University team of students from the Faculty of Law that took part in the Telders International Law Moot Court Competition of the International Court of Justice that was held in The Hague. This competition, which is attended by law students from universities from the entire Europe, has been organised since 1977.

In this prestigious competition, with student teams from 27 European universities participating this year, the Vilnius University was represented by the second-year student Ieva Matusevičiūtė, third-year students Virgilijus Pajaujis and Tadas Varapnickas and the fifth-year student Gintarė Taluntytė. The doctoral student Gintarė Pažereckaitė of the Faculty of Law of the Vilnius University assisted the team in getting ready for the competition. The participants’ presentations were evaluated by experts of international law from all over the world, whereas the finals were refereed by judges from the International Court of Justice L. Skotnikov, Ch. Greenwood and K. Keith.

During the competition the students analysed such problematic issues of international law as applicability of universal jurisdiction, when a person is suspected of genocide crimes, application of international and sovereign immunities to officers of another country and legitimacy of kidnapping a foreign citizen in order to have him tried in one’s own country.

TARK GRUNTE SUTKIENE is glad having an opportunity to contribute to the well-rounded education of young lawyers.

Read full article

Nauris Grigals on settlement process of commercial dispute, "Dienas Bizness"

Nauris Grigals

In 16 May 2012 issue of newspaper “Dienas Bizness” Nauris Grigals, TARK GRUNTE SUTKIENE attorney at law, gives his opinion on the necessity of an integrated solution to the existing settlement process of commercial disputes. He explains that an effective and fast process is a fundamental basis for successful entrepreneurial activity, and therefore the state has to create an environment in which this goal can be achieved. In his opinion this could be done by decreasing the duration of the dispute review in the state courts, as well as by creating an environment which would encourage review of disputes in out of court procedures.

Click here to read the publication (available in Latvian).

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Will WESA make “per stirpes” extinct?

A client of mine once sent a draft will back to me having deleted the term “stirpes” and replaced it with “stripes”. He had had no idea what the word meant, and had replaced it with the first suggestion that his word processor spell checker gave him.

I generally try to avoid the use of archaic language (English or Latin) in drafting estate planning documents. I want my clients to understand what they are signing. I find, though, that there are certain terms of art that are difficult to replace with modern alternatives, and per stirpes is one of them.

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Alternative Provider Reimbursement Models – How Are They Treated Under MLR Rules?

by Joseph J. Kempf, Jr., and Jackie Selby

Evolving reimbursement models for health care providers (away from “fee for service” and toward “pay for performance” and risk sharing) raise interesting questions as to how such payments will be treated under the new medical loss ratio rules under the Patient Protection and Affordable Care Act. Some of the payments will not qualify as “medical expense” or “quality improvement activities” and will be treated as “administrative expense,” so providers and insurers and health plans may want to take these rules into account when structuring alternative reimbursement methodologies.

Read the full alert here

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Three “Best Practices” to Help Avoid Employee Misclassification Problems

By:  John F. Fullerton III

On May 16, I co-hosted a small roundtable discussion here at the firm entitled “Employee Misclassification Issues in the Financial Services Industry:  Preventive Maintenance and Proactive Strategies.”  The topics included proper application of the administrative exemption from federal and state overtime laws; the nettlesome employee v. independent contractor question; and contingent workforce issues.  In attendance was a healthy mix of in-house employment counsel, human resources professionals, management consultants and outside counsel.  We had a terrific, free-flowing discussion about the unique challenges that these classification issues present in the financial services industry, and strategies to address the problems when they arise.

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TARK GRUNTE SUTKIENE sponsored the Vilnius University team that took part in the international competition of law students in The Hague

Law firm TARK GRUNTE SUTKIENE sponsored the Vilnius University team of students from the Faculty of Law that took part in the Telders International Law Moot Court Competition of the International Court of Justice that was held in The Hague. This competition, which is attended by law students from universities from the entire Europe, has been organised since 1977.

In this prestigious competition, with student teams from 27 European universities participating this year, the Vilnius University was represented by the second-year student Ieva Matusevičiūtė, third-year students Virgilijus Pajaujis and Tadas Varapnickas and the fifth-year student Gintarė Taluntytė. The doctoral student Gintarė Pažereckaitė of the Faculty of Law of the Vilnius University assisted the team in getting ready for the competition. The participants’ presentations were evaluated by experts of international law from all over the world, whereas the finals were refereed by judges from the International Court of Justice L. Skotnikov, Ch. Greenwood and K. Keith.

During the competition the students analysed such problematic issues of international law as applicability of universal jurisdiction, when a person is suspected of genocide crimes, application of international and sovereign immunities to officers of another country and legitimacy of kidnapping a foreign citizen in order to have him tried in one’s own country.

TARK GRUNTE SUTKIENE is glad having an opportunity to contribute to the well-rounded education of young lawyers.

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Week of May 14, 2012 on ILNToday – A Roundup

It’s finally here! The ILN’s 24th Annual Meeting kicked off last night with a wonderful cocktail reception and dinner, followed by some of us attending the Monuments by Moonlight tour, which was wonderful. If you’re ever in Washington and have the chance to do that, I highly recommend it!

While I’m listening to our speakers this morning, I’d like to give you our round-up for the week!

Happy Friday!

 

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