Monthly Archives: November 2012

ILN Today Post

TARK GRUNTE SUTKIENE and “Verslo žinios” presents: “Energy forum 2012”

Verslo Žinios, a leading Lithuanian business daily, in cooperation with TARK GRUNTE SUTKIENE, a leading business law firm in the Baltic States, presents one of the most important professional events in the energy industry this year in Lithuania – Energy  Forum 2012. NEW ENERGETICS OF LITHUANIA: OPPORTUNITIES FOR BUSINESS. The event will be held on 18 December 2012 in Vilnius.

The Energy Forum 2012 is inviting a solid mix of international energy experts and leading local practitioners in the energy area to discuss key issues of the energy policy, regulatory matters and practical implications for local businesses. The goal of the forum program is to strengthen common understanding of the energy resources’ market (as a single ecosystem) in Lithuania, EU regulatory implications and to facilitate the discussion of what it practically means for local business. Forum’s target audience is business leaders of the Baltic States region and key energy policy makers.

Forum moderators: Rytas Staselis,  Reviewer of business daily Verslo žinios and Vilius Bernatonis, Partner of law firm TARK GRUNTE SUTKIENE.

More information here (in Lithuanian).

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HOWARD & HOWARD WELCOMES LITIGATION ATTORNEY

Royal Oak, Michigan, November 27, 2012:  Howard & Howard Attorneys PLLC is pleased to announce that Alex G. Cavanaugh has joined the firm.  He will practice out of the firm’s Royal Oak Office.

Mr. Cavanaugh concentrates his practice in commercial and corporate litigation. Prior to joining Howard & Howard as an Associate, he worked as a Summer Associate with the firm. Mr. Cavanaugh also worked as a law clerk in the Environment, Natural Resources, and Agriculture Division of the Michigan Attorney General’s Office. Prior to practicing law he worked as a broker in the freight industry at Command Transportation LLC. More…

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Did the Supreme Court’s 2009 BNSF Decision Change CERCLA Cost-Recovery Practice?

The U.S. Supreme Court’s decision in Burlington Northern Santa Fe Railway Co. v. United States, 129 S. Ct. 1870 (2009), examined two unsettled areas of CERCLA: (1) the proof necessary to establish whether a PRP has “arranged for the disposal or treatment… of hazardous substances…”; and (2) CERCLA apportionment, i.e., whether a PRP is jointly and severally liable for an entire site, or rather only severally liable for a portion of the site. 

In an article on Lexology titled, “Four Years Later: How Has BNSF Changed CERCLA Practice?”, posted on November 20, 2012, Anthony G. Hopp and Colin O’Donovan of Edwards Wildman and Paul S. Kline of Three Rivers Management, Inc., explore the ramifications of the BNSF decision.

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Supreme Court will decide who’s boss

The Supreme Court is considering who is a “supervisor” – a key question, because employers may be liable for workplace harassment by supervisors. We recently advised guests of our annual seminar that the United States Supreme Court would be hearing oral arguments this week in the appeal of Vance v. Ball State University, 646 F.3d 461 (7th Cir. 2011). The Supreme Court is expected to decide whether a person without authority to hire, fire, demote, promote, transfer, or discipline individuals is a “supervisor” for Title VII purposes. The decision may expand the scope of potential liability for employers. For more on the arguments heard yesterday by the Supreme Court, visit http://www.reuters.com/article/2012/11/26/us-usa-court-ballstate-harassment-idUSBRE8AP11Y20121126?feedType=RSS.

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White Collar and Government Compliance Alert: Foreign Corrupt Practices Act: Feds issue long-awaited guidance for enforceement and compliance

In what the government describes as an “unprecedented undertaking to provide the public with detailed information about FCPA enforcement approach and priorities,” the Department of Justice and Securities Enforcement Commission have issued written guidance for parties covered by the Foreign Corrupt Practices Act (FCPA). The 120-page document, titled A Resource Guide to the U.S. Foreign Corrupt Practices Act (Guide), provides a wide range of guidance and authoritative sources and is significantly more comprehensive than its six-page predecessor, The Lay Person’s Guide to the FCPA. The Guide covers a variety of topics, including: 

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The U.S. Supreme Court Decides a Non-Compete Issue: Not Really

In a per curiam opinion issued yesterday in Nitro-Lift Technologies, L.L.C. v. Howard, the United States Supreme Court reversed a decision of the Oklahoma Supreme Court that had determined the enforceability of a non-compete agreement arising out of a contract that contained an arbitration provision. Despite the fact that the restraint at issue was found to violate Oklahoma law, the US Supreme Court determined that the Oklahoma Supreme Court overstepped its bounds and that under the Federal Arbitration Act enforceability of the non-compete should have been left to the Arbitrator.

The dispute arose from a contract between Nitro-Lift Technologies, L.L.C., and two of its former employees. Nitro-Lift contracts with operators of oil and gas wells to provide services that enhance production. The employees Eddie Lee Howard and Shane D. Schneider entered a confidentiality and noncompetition agreement with Nitro-Lift that contained the following arbitration clause: ” Any dispute, difference or unresolved question between Nitro-Lift and the Employee (collectively the “Disputing Parties”) shall be settled by arbitration by a single arbitrator mutually agreeable to the Disputing Parties in an arbitration proceeding conducted in Houston, Texas in accordance with the rules existing at the date hereof of the American Arbitration Association.”

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Who’s Who Legal nominated Piret Luiga as leading lawyer in Estonia in franchise practice area

Senior associate, Piret Luiga, was highlighted by the International Who´s Who of Franchise Lawyers 2012 publication a leading Franchise law experts in Estonia. Representing TARK GRUNTE SUTKIENE, Piret Luiga was one of the two nominees from Estonia.

Nominees were selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. The research revealed 360 experts in 64 jurisdictions who can truly be considered leaders in the field.

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Neville M. Leslie presents on US immigration issues in London

Arnstein & Lehr Attorney Neville M. Leslie

Neville Leslie

Arnstein & Lehr Miami Partner Neville M. Leslie recently spoke at an Immigration into America seminar in Hammersmith, London, England. The seminar included presentations on key aspects of immigration to the US and was delivered by subject matter specialists on their respective fields of expertise. Mr. Leslie spoke on the immigration issues EB-5, E-2 and L-1. Immigration into America is a UK based company that provides a complete selection of US immigration services.

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ZONING AND LAND USE ISSUES IN HOSPITAL M&A TRANSACTIONS

 

The age and complexity of hospital real estate often result in zoning and land use issues that must be addressed in hospital M&A transactions.  In larger transactions, purchasers and their lenders frequently obtain zoning reports prepared by one of the national companies, which summarize existing code requirements and potential non-compliance by the hospital.  For smaller transactions, it is common for purchasers and their lenders to rely on a letter from the local Planning & Zoning office, which is often limited to confirmation of the zoning classification and whether there are outstanding zoning and land use violations.  While zoning reports and letters are helpful in identifying potential issues, parties to a hospital M&A transaction must carefully analyze the findings to determine if there is a bona fide issue that needs to be addressed.  Described below are several issues commonly encountered and how those issues might be addressed.

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Parliament passes historic legislation mandating workplace equality for men and women

Late last night, Federal Parliament passed the Equal Opportunity for Women in the Workplace Amendment Bill 2012 (Cth), heralding significant change in the gender equality sphere.  The Equal Opportunity for Women in the Workplace Agency (EOWA) will be replaced by a new agency, the Workplace Gender Equality Agency (Agency).  The new Workplace Gender Equality Act 2012 (Cth) (Act) will result in significant compliance changes for reporting organisations. More…

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