Monthly Archives: December 2012

Tauno Tark became associate

TARK GRUNTE SUTKIENE lawyer Tauno Tark passed the bar examination and was admitted to the Estonian Bar Association. Tauno joined the firm in 2011 and is a member of the dispute resolution practice group.

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Post-Election Health Reform Implementation

by Brandon C. Ge

In the months leading up to Election Day 2012, the pace of health reform implementation slowed considerably as the Obama administration held off on releasing regulations to avoid pre-election controversy. With the 2012 elections now in the books, health reform has scored two major victories: the re-election of President Barack Obama and the preservation of a Democratic majority in the Senate. Although the Affordable Care Act (ACA) is now safe from repeal, implementation still faces hurdles, such as state resistance, the fiscal cliff, and pending lawsuits challenging ACA’s contraception mandate.

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Requested Injunction Against Former Flight Instructor Crashes At Take-Off

A federal judge in Chicago recently wrestled with two issues that we frequently blog about: what constitutes misappropriation of confidential information, and to what extent can a current employee prepare to compete with his employer without breaching his fiduciary duty?

In Chicagoland Aviation, LLC v. Richard R. Todd, et al., flight instructor Richard Todd left his job and started a rival business. Shortly thereafter, Chicagoland Aviation sued him for, among other things, breaching his fiduciary duty by allegedly misappropriating confidential information and starting a competing business while still employed by Chicagoland Aviation. Chicagoland Aviation eventually requested a preliminary injunction, which the court denied.

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"Legal challenges could put a lid on the shale gas boom in Ohio," The Plain Dealer

The recent McDonald Hopkins Energy Forum “Latest developments in shale gas litigation,” was featured in the December 15, 2012 Plain Dealerarticle “Legal challenges could put a lid on the shale gas boom in Ohio.” Mike Snyder was also interviewed for this article.

Click here for full text of article.

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Ex Parte Communication With Plaintiff’s Prescribing Physician

In product liability litigation, a single tactical advantage may determine whether the case is won or lost. Often, being able to anticipate an issue before it arises and addressing it in the Case Management Order may be critical.  This is particularly the case  in pharmaceutical mass tort litigation.

In pharmaceutical product liability cases, the plaintiff’s treating physician is a critically important witness. If one of the parties in the case  is permitted to “woodshed” the treating physician, it gives that party an enormous tactical advantage.  

For example, if only the plaintiff’s’ attorney can interview the treating physician and is able to control what information that the physician is able to see, such as defendants internal documents, plaintiff may have an enormous advantage when the physician’s deposition takes place. The physician’s opinion at deposition concerning whether a drug’s prescribing information provided an adequate warning may well be influenced by his prior review of internal company documents that she never would have seen but for review of those documents with her patient’s lawyer.

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Clark Wilson closes $50 million PIRET offering

On December 12, 2012, Vikram Dhir and James Speakman of our Corporate Finance & Securities Group acted in the completion of PIRET’s $50 million public offering of 10,530,000 trust units, on a bought deal basis at $4.75 per unit. PIRET is listed on the TSX under the symbol AAR.UN.

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Wisconsin Court Determines Noncompete Clause Does Not Render Arbitration Clause in Employment Agreement Unenforceable

This week, a Wisconsin Court of Appeals issued its decision in Jeffrey L. Engedal v. Menard, Inc. (Appeal No. 2012AP305). Engedal started working at Menards as a part-time sales associate when he was 18. Over the next 25 years, he worked his way up the corporate ladder. After about 6 years, he became a store manager and 15 years later he became Menards’ hardware merchandise manager, which gave him managerial authority over the hardware departments in all of Menards’ 250 stores. During the later 19 years of his employment, Engedal signed an employment agreement each year with Menards. His 2010 agreement contained an arbitration provision which required him to arbitrate any employment-related claims as well as a non-compete clause which prohibited him from: a) working for any of Menards’ direct competitors in the same or similar position for which he was employed by Menards; or b) working with any of Menards’ direct or indirect competitors within a 100 mile radius of the Menards location where he was last employed. After 25 years of employment with the company, Menards terminated Engedal’s employment in August 2010.

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ACA Webinar, Dec. 18: What Employers Need to Know Now!

Please join Epstein Becker Green’s Health Care & Life Sciences, Employee Benefits, and Labor & Employment practitioners as we continue to review the Affordable Care Act and its ongoing impact on employers and their group health plans and programs.

Since the Presidential election, The U.S. Department of Health and Human Services is moving quickly to implement the Affordable Care Act. Rules have been released in the past few weeks concerning participation in federal exchanges, discrimination based on pre-existing conditions, essential health benefit requirements, and expanded employment-based wellness. During this program, Epstein Becker Green practitioners will:

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Week of December 10, 2012 on ILNToday – A Roundup

The end of the year is coming up quickly, so I’m seeing a lot of holiday and wrap up posts lately! There’s been some great content on the ILN site this week, so without further ado, here is this week’s roundup!

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ILN Today Post

Foreign Trusts in New Zealand

We are seeing an increase in popularity with the use of New Zealand foreign trusts being set up by nonresidents of New Zealand.   The principal benefits of using such a structure are:
• An aid to asset protection and succession planning.
• Flexibility.
• The confidential nature of a trust.
• The fact that New Zealand is a stable, onshore, whitelisted jurisdiction and is not regarded as a tax haven.
• The limited reporting requirements and compliance obligations.
• No tax being payable to the New Zealand Inland Revenue Department on foreign earned income. More…

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