Monthly Archives: August 2012

Ivars Grunte on the mandatory training of lawyers, “Dienas Bizness”

In August 15 issue of newspaper “Dienas Bizness” Ivars Grunte, managing partner of TARK GRUNTE SUTKIENE, speaks about the newly approved regulations of the Latvian Council of Sworn Advocates that request mandatory annual training for lawyers practicing in Latvia. He points out that these are fundamentally new requirements that previously have not been defined with a normative act, and foresees that such a system will help to establish a more efficient juridical court process.

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

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Healthcare Alert: Palmetto Medicare Part B policy update on prostate biopsy coding

On August 7, 2012, Palmetto GBA, a Medicare contractor, issued a policy update entitled “Prostate Biopsy Coding/Billing Guidelines.” This Palmetto policy references a National Correct Coding Initiative (NCCI) update that was published in January 2012, and appears to be the first instance of a Medicare contractor confirming its adoption of the January 2012 NCCI update.

The January 2012 NCCI update provides that:

“HCPCS Codes G0416-G0419 describe surgical pathology, including gross and microscopic examination, or prostate needle biopsies from a saturation biopsy sampling procedure. CMS requires that these codes rather than CPT Code 88305 be utilized only if the number of separately identified needle biopsy specimens is five or more. Surgical pathology on four or fewer prostate needle biopsy specimens should be reported with CPT Code 88305 with the unit of service corresponding to the number of separately identified biopsy specimens.” 

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Emotional Distress Claim Disallowed in Business Dispute

In the absence of clear judicial guidelines, claims for intentional infliction of emotional distress would potentially become part and parcel of every civil litigation. There is little question that a business dispute can cause significant anxiety to the business people involved. However, what does it take for that anxiety to rise to the level of an actionable claim for intentional infliction of emotional distress?  In New York, the answer is “a great deal”.

A commercial litigation provided an opportunity for Justice Cynthia S. Kern of New York County Supreme Court to review the required elements of a such a claim. In Steinhouse v. Lesser, 112196/10, NYLJ 1202567349247, at *1 (Sup., NY, Decided July 30, 2012), plaintiffs commenced an action to compel the defendants, two of the limited partners of a partnership, to sign an operating agreement which would convert their limited partnership to a limited liability company. When the action was brought, eighty-eight of the ninety partners, representing 98.68% of the equity of the partnership, had already signed to the conversion. The defendants were the last holdouts.

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Glen Boswall’s article circulated by Canadian Design-Build Institute

Glen Boswall‘s article, “Coverage for Construction Deficiencies: BCSC Examines the ‘Particular Part’ in the CGL Work Exclusion“, from the May 17, 2012 issue of Insurable Interest, has been republished by the Canadian Design-Build Institute in a letter circulated to all members. The article outlines what contractors (general or design-build) can expect from Commercial General Liability insurers and insurance policies when dealing with construction defect claims.

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Glen Boswall’s article circulated by Canadian Design-Build Institute

Glen Boswall‘s article, “Coverage for Construction Deficiencies: BCSC Examines the ‘Particular Part’ in the CGL Work Exclusion“, from the May 17, 2012 issue of Insurable Interest, has been republished by the Canadian Design-Build Institute in a letter circulated to all members. The article outlines what contractors (general or design-build) can expect from Commercial General Liability insurers and insurance policies when dealing with construction defect claims.

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Ronnie Fieldstone co-authors book for EB-5 developers seeking to raise capital

Miami Partner Ronnie Fieldstone is the co-author of the recently published book The EB-5 Definitive Guide to Raising Capital.The 280 page guide is published by Strategic Element Consulting and was developed for those seeking to raise capital by starting their own EB-5 project. It is intended to provide an A to Z compendium of information to help prospective EB-5 founders to understand the business perspective of EB-5 including: Assessing potential projects, expediting the application and approval process, succeeding with investors, and avoiding common program pitfalls.  The EB-5 Definitive Guide was assembled by Mr. Fieldstone and a group of like-minded professionals who realized that there was a need to help those seeking capital to quickly and easily understand the program and what it can do for them. Arnstein & Lehr’s EB-5 team of attorneys has provided legal counsel on more than 60 projects, in 14 states and spanning a dozen industries.

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An involved lawyer !

Congratulations to Benoit Chartier for his involvement in organizing the cycling portion of the Annual Golf Classic & Cycling Challenge “Enfant-Retour Québec” at Ilsmer.

A superb course in the countryside near Oka, …. participants from everywhere and a cause that is a close to one’s heart!

The 6th Annual Golf Classic & Cycling tour has enabled “OBNL Enfant-Retour Québec” (www.enfant-retourquebec.ca) to raise nearly $ 100,000 to help families of missing children. Every year, more than 7,000 children are reported missing; fortunately, in 90% of cases they are found within 7 days after their disappearance. There still remains too high a number of children who are found only several weeks or months later, or never.

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What If a Gift in a Will No Longer Exists?

What happens if a specific gift you were promised under a will no longer exists at the time of the testator’s death? The short answer is the missing gift fails, and you may have no claim to an equivalent benefit from the estate. For example, if your father left you his Honda in his will and subsequently sold the Honda and bought a Mercedes, then you would no longer be entitled to the Honda. Nor would you be entitled to the Mercedes in its place. The same principle applies to real property. The result may seem harsh, but it is based on sound policy consideration.

The legal term describing this principle is “ademption”, the doctrine of which has long been the law throughout Canada.   The policy underlying ademption is that people should have the freedom to deal with their property as they wish during their lifetime. If a gift is no longer part of the estate at the time of a testator’s death, then it is assumed that the gift has been revoked through the testator’s conduct.

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Howard J. Swibel meets President Obama

Arnstein & Lehr Attorney Howard J. Swibel

Howard J. Swibel

Arnstein & Lehr Chicago Partner Howard J. Swibel attended a fund-raising event for President Obama on August 12 in Chicago and had a photograph taken with the President. The President greeted his Chicago-area supporters and raised money for his campaign.

 

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ILN Today Post

FOGLER, RUBINOFF LLP ESTABLISHES IMMIGRATION PRACTICE

Fogler, Rubinoff LLP is pleased to announce that Cathryn Sawicki has joined the firm to continue her immigration practice.  Before joining  Fogler, Rubinoff, Cathryn worked at one of Canada’s top five immigration boutique law firms for over 7 years and prior to this, she worked with the Federal Government in the area of immigration policy and casework for 5 years.

Michael Appleton, Fogler Rubinoff’s managing partner, commented on the recent lateral hire.  “It has been part of our growth strategy to establish an immigration practice to service our clients’ needs.  We are extraordinarily pleased to have Cathryn join our team, as we believe her expertise will be an asset to our firm.”

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