Monthly Archives: August 2012

EBG’s Free Wage-Hour App Has Been Updated to Include New Jersey Law And Changes In California Law

By Michael Kun

Earlier this year, we were pleased to introduce our free wage-hour app for iPhones and iPads.  The app puts federal wage-hour law, as well as that for many states, at users’ fingertips.

We have recently added New Jersey law to the app, as well as updated it to reflect changes in California law following the long awaited Brinker v. Superior Court decision clarifying meal and rest period laws.

The app may be found here:  http://itunes.apple.com/app/wage-hour-guide/id500292238?mt=8

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A Practical Guide for Physicians Selling Their Practices

Medical group acquisitions by hospitals will likely continue at a significant rate. Through these acquisitions, physicians can achieve efficiencies and economies of scale that may not be available to independent practices. While an acquisition offer might come as a welcome opportunity, the process involves a series of complex issues that can seem overwhelming. There are many steps that physician practices can take to help them seize opportunities and minimize issues that might delay or derail a deal.

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ILN Today Post

New Work Health and Safety Law Partner joins Gadens

Gadens welcomes Katherine Morris, an outstanding work health and safety law specialist, to complete its full service offering in workplace related law.

Katherine is a particularly good fit for Gadens. Her depth of experience in safety law and exposure across a wide range of high safety risk industries, particularly in the construction, property, transport and energy and resources industries has strong synergies in offering a full service to our clients.
She specialises in advising and representing clients in:
  • reducing exposure to corporate and personal liability through strategic and compliance oriented advice, and providing immediate legal response to serious incidents; and
  • the defence of prosecutions. More…
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Timeline of Highlights for Employer Group Health Plan Compliance with the Affordable Care Act

Now that the Supreme Court of the United States has upheld essentially all of the provisions of the Obama administration’s Affordable Care Act (“ACA”), employers are faced with looming deadlines to bring their group health plans into compliance with the ACA’s numerous new requirements. We have prepared for employers a timeline of the highlights of the upcoming deadlines for compliance with the ACA that apply to non-grandfathered group health plans.

Click here to access a copy of the timeline.

Timeline image

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Intellectual Property Alert: The International Trade Commission

After the U.S. Supreme Court announced its decision in 2006 in eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006), patent owners no longer automatically received permanent injunctive relief against infringers, but rather, had to establish a right to that relief through the traditional test for injunctive relief.

Many viewed this requirement as striking a blow against non-practicing entities (NPEs), or so-called “patent trolls.” NPEs frequently filed lawsuits against their target corporations and, to incent early settlements, the NPE plaintiffs relied on the threat of permanent injunctions that would severely restrict the target companies’ abilities to carry on their businesses. After eBay, there was a belief that the threat of a permanent injunction – particularly one issued at the request of an NPE (who, by definition, was not practicing its patents) – was significantly diminished. 

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Welcome News For New York Employers: Appellate Court Rejects Its Prior Ruling That A Plaintiff Alleging Discrimination Under The New York City Human Rights Law Is Entitled To A Trial In Almost Every Case

by: Barry Assen

New York management-side attorneys and their clients were surprised and chagrined when they read Bennett v. Health Management Systems, Inc., a case decided in December 2011 by the New York State Supreme Court, Appellate Division, First Department (“the First Department”), which sits in Manhattan.  Writing for the unanimous five-judge court, Justice Rolando Acosta directed that because the New York City Human Rights Law (“NYCHRL”) explicitly provides that it should be liberally construed, summary judgment motions should only be granted in the employer’s favor in “rare and unusual” circumstances. 

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ILN Today Post

Lommen Abdo’s 2012 Super Lawyers

Phil Cole (Business Litigation/Professional Liability), president of Lommen Abdo, and Bob King (Personal Injury), chair of our PI practice group, and Kay Nord Hunt (Appellate), chair of our Appellate Section, are listed in Minnesota’s Top 100 Super Lawyers®, as determined in conjunction with the Super Lawyer selection process conducted by Minnesota Super Lawyers.  Ms. Hunt is also listed in the Top 50 Women Minnesota Super Lawyers.

Others on the Super Lawyers list include Bob Abdo (Business/Corporate); Roger Stageberg (Securities & Corporate Finance); Keith Broady (Business Litigation); Ken Abdo (Entertainment & Sports); Stephen Rathke (Personal Injury); Barry O’Neil (Professional Liability); Stacey DeKalb (Employment & Labor); Reid Lindquist (Personal Injury); Bob Donnelly (Entertainment & Sports); and Tom Jacobson (General Litigation).

Our Rising Stars are Valerie Sims (Professional Liability), Lee Hutton (Entertainment & Sports), Jeff O’Brien (Real Estate), Kate Westad (Personal Injury), Bryan Feldhaus (Professional Liability) and Brett Clark (Professional Liability).

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SCOTUS Decision on the PPACA – Implications for Healthcare Industry Sectors Part II

In our final post of the series, we’ll cover the implications of the SCOTUS decision on health care industry sectors, including providers and service providers.

Providers – Hospitals

Lynn suggested that the panelists start with the hospital industry first. Mark said that he thinks this is a segmented analysis also. For those systems that have already resolved to take steps to deal with value-based purchasing and accountable care environments with their governmental and commercial customers, the SCOTUS decision is likely to be seen as affirming the activities of their boards to date and their initial efforts. For individual hospitals that have not yet designed a strategic plan with value-based purchasing and other accountable-based assumptions baked into that plan, the decision is likely to propel them to get to work in designing such a plan. 

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Lidings bolsters banking and finance practice with the new hire from Norton Rose

Lidings law firm expands the capabilities of its banking and finance practice with the hiring of Dmitry Gravin, a recognised practitioner in the field and former counsel at Norton Rose’s Moscow office.

In the last two decades Dmitry Gravin was involved in a wide range of Russian financings and cross border projects including syndicated and bilateral lending, structured and secured lending, trade and export finance, project finance and PPP, real estate and construction finance, restructuring, debt recovery and insolvency, M&A and regulatory matters in banking sector, hard and soft commodities financings. Dmitry Gravin regularly acted for major European export credit agencies such as SACE, Hermes, COFAS, ECGD in relation to their projects in Russia. His extensive experience includes sovereign, banking and corporate debt restructuring in the areas of international finance and investment, he advised on various international debt and equity capital markets, corporate M&A and private equity transactions, as well as general corporate finance. His experience also covers energy, mining and minerals, and he is recommended as an expert in the field of transportation including ship finance, rolling stock and aircraft financing including finance and operating leases, export credit financings, securitisation and pre-delivery payment financings.

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Arnstein & Lehr taps Diamond, Gesas and Pautsch to lead practice groups

Michael L. Gesas

Arnstein & Lehr LLP recently announced leadership changes within the firm’s practice groups for Labor and Employment, Litigation and Real Estate.

Michael L. Gesas has been named chair of the firm’s Litigation Practice Group. A partner in the firm’s Chicago office, Mr. Gesas focuses on bankruptcy law in Illinois and Chapter 11 representation in the State of Delaware. He represents creditors and commercial debtors in corporate and business reorganizations. The group is experienced in handling arbitration, mediation, and other forms of alternative dispute resolution.

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