Monthly Archives: November 2012

CMS Posts Meaningful Use Stage 2 Specification Sheets

Looking for more detail on the Meaningful Use Stage 2 requirements?  CMS has conveniently created specification sheets for each Meaningful Use measure.  These sheets explain in detail each numerator and denominator eligible professionals and hospitals much achieve to be eligible for the EHR Incentive Payments.  The sheets also contain the certification and standards criteria issued from […]

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

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No variation in the Holvenstot Last Will and Testament

Much has been written in our blogs and in other Estate blogs of  how  the application  of the British Columbia Wills Variation Act can result in changes to  a Will that the deceased thought would distribute his or her assets after death.

In layman’s terms, the situation in British Columbia has sometimes been summarized as  “you can’t disinherit an adult child unless he or she effectively abused or completely cut off  the parent for no good reason.”  While in fact there is a strong element of truth to this observation, the court reality is far more nuanced in that  “abuse” or “cutting off” have to be fully analyzed within the context of a longstanding and complex familial relationships.

The fact is, not every Will can be varied, and disinheritance of a child has always been permitted in British Columbia if the child’s conduct has been so reprehensible so as to justify exclusion.

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Wisconsin’s deer hunting season is upon us

Arnstein & Lehr attorney Jesse R. Dill

Jesse R. Dill

Citizens of Wisconsin and many surrounding areas are very familiar with our state’s long tradition of deer hunting in November. Here, it is often a rite of passage for parents to take their kids out for a few days off in the woods. In the weeks leading up to hunting season, many also spend their every waking moment away from work preparing stands and land for the week of gun season. This year, Wisconsin’s gun season is from November 17, 2012 through November 25, 2012.

Employers with a workforce population that participates in deer hunting season know this can be a complicated time of year. Below are a few thoughts to keep in mind as you deal with the various issues that might come up this time of year.

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Samuel H. Levine presents at ATG Legal Education program as part of the Harold I. Levine Real Estate Institute

Arnstein & Lehr Attorney Samuel H. Levine

Samuel Levine

Arnstein & Lehr Chicago Partner Samuel H. Levine presented a case law and legislative update on November 14, as part of the Harold I. Levine Real Estate Institute sponsored by our firm’s client, Attorneys Title Guaranty Fund. Harold Levine, Mr. Levine’s father, was a member of the firm and gave back to the legal community through speaking, writing and pro bono work. He also advocated on behalf of attorneys to be active participants in real estate transactions. Each fall, Attorneys Title puts on a full day CLE in his honor.

To read the brochure in full, please click here.

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Arnstein & Lehr Construction Group publishes fall 2012 newsletter

The Arnstein & Lehr Construction Practice Group has published a fall 2012 newsletter, which showcases articles from Chicago Partners Justin L. Weisberg, Samuel H. Levine, Raymond Krauze, Matthew Bryant, and Daniel I. Schlade and West Palm Beach Partner Joshua M. Atlas. If you would like a copy of the newsletter,you may contact the Arnstein & Lehr marketing department.

A PDF version of the newsletter can be viewed on the construction group’s Web page by clicking here.

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Charles W. Pautsch participates in Financier Worldwide’s roundtable on executive compensation and regulatory compliance

Arnstein & Lehr Attorney Charles W. Pautsch

Charles Pautsch

Arnstein & Lehr Milwaukee Partner Charles W. Pautsch recently participated in Financier Worldwide’s roundtable on executive compensation and regulatory compliance. Financier Worldwide indicates that the financial crisis has put a spotlight on executive pay and that emerging reforms have companies making efforts to link pay to performance. The roundtable participants addressed various questions about executive pay reform. Offering advice to companies on developing compensation plans and strategies going forward, Mr. Pautsch stated that companies must retain competent, independent advisers and remain alert to the legal and regulatory trends affecting their corporate environment. He also advised that they should remain focused on the advice rendered annually by ISS and similar organizations in establishing pay programs that are fair, competitive and reflect pay-for-performance.

If you have a subscription to Financier Worldwide, please click here to read the roundtable’s full discussion.

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Arnstein & Lehr Attorneys to present at ISBA Real Estate Update

Arnstein & Lehr Attorney Jenifer H. Caracciolo

Jen Caracciolo

Arnstein & Lehr Attorney Samuel H. Levine

Samuel Levine

Arnstein & Lehr Attorney Daniel I. Schlade

Daniel Schlade

Arnstein & Lehr Attorney Hal R. Morris

Hal Morris

Arnstein & Lehr Chicago Partners Jenifer H. Caracciolo, Samuel Levine, Hal R. Morris, and Daniel I. Schlade will be presenting at the ISBA Real Estate Update 2012 seminar in November, which will include discussions on recently-enacted real estate-related legislation and current case law. The seminar offers 5.75 hours MCLE credit, including 1.0 hour PMCLE credit, and will take place on November 30 in Lombard, Illinois. Mr. Levine will speak on both dates on “Commercial Aspects of Foreclosure: Receivership, Lien Priorities and Chapter 11.” Ms. Caracciolo, Mr. Morris and Mr. Schlade will speak on “Equitable Remedies Relating to Real Estate Matters.”

To read about the event, click here.

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OIG Recommends Changes to OSHA’s Site Specific Targeting Program

By Paul H. Burmeister

The Site-Specific Targeting Program (SST) is OSHA’s primary “programmed” inspection plan for non-construction workplaces.  The SST Program is geared to address OSHA’s goal of reducing the number of injuries and illnesses that occur at individual workplaces, by directing enforcement resources to those workplaces where the highest rate of injuries and illness have occurred.

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"Sterling Jewelers goes to court over rival’s ‘most brilliant diamond’ claim," David Cupar quoted

McDonald Hopkins attorney, David Cupar was quoted in the Crain’s Business Cleveland  article “Sterling Jewelers goes to court over rival’s ‘most brilliant diamond’ claim.”

For full text of article, click here.

http://www.crainscleveland.com/article/20121119/SUB1/311199951

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Labor and Employment Alert: Top 3 Takeaways: Did you miss our Annual Labor and Employment Seminar?

On November 8, 2012, we conducted a Labor and Employment Seminar: Technology and the Employment Relationship — The new frontier. Following are the top three takeaways, including important action items that have the potential to save your business time and money in the long run.

1. Social media is on everyone’s radar, including the NLRB     

  • The National Labor Relations Board (NLRB) has recently stepped up its enforcement efforts relative to non-union employers by issuing several key decisions striking down social media policies that it considers overly broad. Employers need to walk a tightrope when creating and implementing a social media policy that governs appropriate use of social media in the workplace, limits privacy expectations, and yet does not restrict an employee’s ability to engage in concerted protected activity.
  • Action item: Review electronic communications and social media policies to ensure legal compliance. 
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