Monthly Archives: November 2012

Brand Protection Concerns for Wildfire Consumer Sensations

The holidays are swinging into full gear, what better time to… reminisce?  Every year, it seems there is a new “hot” item on the shelves that our children, family, and friends have on the top of their wish lists to Santa.  I will never forget the Ty® Beanie Babies phenomenon, the holiday season when people of all ages were frantically hunting for Tickle Me Elmos, or those Tamagotchi keychain games that flew off the shelves faster than you could say “Tamagotchi.”

All of these hot-ticket items were wildfire brands – they launched onto market and became overnight hits with consumers.

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OCR Releases Guidance Regarding De-Identification Methods for PHI

After two years, OCR recently released its Guidance Regarding Methods for De-Identification of PHI in Accordance with HIPAA.  The guidance is designed to help covered entities understand de-identification, how protected health information is de-identified, and the options available for correctly performing de-identification.  De-identification removes identifiers from PHI and reduces privacy risks to individuals allowing the […]

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

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Improving farm safety

A detailed 18-month plan of action to tackle farm safety in Northern Ireland has been launched by the Farm Safety Partnership.

The Farm Safety Partnership was set up in May this year specifically to address the alarming increase in the number of farmers who are dying or seriously injuring themselves as a result of work-related accidents. Since then, a number of initiatives have been launched to counteract the situation.

The agricultural sector suffers one of the highest workplace accident rates in the UK and Ireland. Since April 2007, more than 40 people in Northern Ireland have been killed as a direct result of agricultural activities. Many more have been seriously injured.

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The Post GFC Banking Sector

We summarise the key findings about mortgage lending in the Senate’s Economics References Committee’s report ‘The Post GFC Banking Sector’ tabled on 28 November 2012.

The GFC lead to significantly less appetite for credit amongst households and businesses.  Banks generally tightened their lending criteria.  As a result, both wholesale markets and retail markets repriced risk.  One apparent outcome was an increase in the price of small business loans. More…

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Patient Protection and Affordable Care Act Alert-Issue 1: Health Care Reform: It’s the law!

The re-election of President Obama and the lack of change in the control of the houses of Congress effectively ensure that the provisions of Health Care Reform will remain in place and will continue along the path of implementation.

In order to help employers address the effects of Health Care Reform and decide whether to design their plans to comply or to forego offering health plans, McDonald Hopkins will issue a series of Alerts over the coming months focusing on various issues. At this point, most of the regulatory guidance needed has not yet been issued. Therefore, we will provide the best possible guidance based on existing knowledge.

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Thomas F. McGuire serves as seminar panelist discussing mistakes that can kill a business

Arnstein & Lehr Attorney Thomas F. McGuire

Thomas McGuire

Arnstein & Lehr Chicago Partner Thomas F. McGuire served as a panelist during a November luncheon presentation entitled “Avoiding the 6 Mistakes that can Destroy our Business and your Future” presented by Great Lakes Financial Partners. It was held at One O’Hare Centre-Conference Center in Rosemont, Illinois. As a panelist, Mr. McGuire provided his thoughts on the mistakes business owners consistently make that cause businesses to fail.

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EB-5 visa program rewards immigrants who create U.S. jobs

Arnstein & Lehr attorney Randall L. Sidlosca

Randall L. Sidlosca

Arnstein & Lehr Miami Partner Randall Sidlosca recently appeared on a November 25 Fox News Channel segment, “EB-5 Visa Program Rewards Immigrants Who Create U.S. Jobs.” The focus of the segment was how the EB-5 program works for immigrant investors and the upswing of participants in the initiative.

Mr. Sidlosca provided some insight into the program’s scope and benefits. He assists immigrant investors, which have the required capital and job creation capabilities, with finding investment projects nationwide. Mr. Sidlosca emphasized the benefits to both the foreign immigrant investor and the United States. He summed it up by saying the U.S. needs the creation of more jobs, and the immigrants receive a permanent green card and a beneficial place to invest their money. It is a win-win situation.

To view the segment in full, please click here.

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New Jersey Employers Must Give Notice of Right to Equal Pay

by Michael D. Thompson

A posting and distribution requirement added to New Jersey’s prohibition on discrimination in pay went into effect on November 19, 2012.  Employers will not, however, be obligated to comply with the requirement until the New Jersey Commissioner of Labor and Workforce Development issues the required notification form.

The notification form will explain the prohibition against gender discrimination in pay, compensation, benefits or other terms and conditions of employment (as set forth in N.J.S.A. § 34:11-56.2). 

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Limits of a Power of Attorney

Further to our recent post on Responsibilities Arising from a Power of Attorney, it is important to note that there are some limits on what an Attorney is permitted to do under a Power of Attorney.  Keep in mind that all acts must be authorized by the person who granted the Power of Attorney (the “Grantor”), and any that are not so authorized are not permitted.

One important limitation is that, generally, the Attorney is not permitted to be paid for acting as Attorney. Section 24 of the Power of Attorney Act does permit payment if the Power of Attorney document itself specifically allows payment, and if it sets out the amount or rate of such payment.  Section 24 also allows the Attorney to be reimbursed for specific expenses incurred in carrying out transactions pursuant to the Power of Attorney.

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Landlord’s liability

Can a landlord be liable when a tenant puts a property into disrepair, which then causes personal injury? This was the question facing the High Court in a recent case.

Mr Hannon was a heating engineer and attended a domestic property owned by Hillingdon Homes to carry out some work to the central heating system. He started a power flush of the system; the boiler was on the ground floor and the hot water cylinder on the first floor. While he was on the first floor he heard a loud noise coming from the boiler and rushed downstairs to attend to it. Unfortunately, many years previously the tenant had removed the bannisters and spindles from the open side of the staircase, so that when Mr Hannon slipped on the stairs he fell into the living room below and seriously injured his left ankle. The accident would not have occurred if the bannisters had been in place. More…

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