Monthly Archives: July 2013

Multistate Tax Update — August 1, 2013

On July 18, 2013, the New York State Department of Taxation and Finance (the “Department”) issued a Technical Memorandum (the Guidance Memo), TSB-M-13(9)M, that provided guidance on the effect of the United States Supreme Court’s decision in United States v. Windsor on New York estate taxes (133 S. Ct. 2675 (2013)). In Windsor, the Supreme Court found Section 3 of the Defense of Marriage Act (DOMA), which barred same-sex couples from being recognized as “spouses” for purposes of federal law, to be unconstitutional. Following the determination by the Supreme Court that Section 3 of DOMA, 1 U.S.C. § 7 (2013), to be unconstitutional, anyone legally married when Section 3 of DOMA was effective, should not have paid estate tax as a single filer. The Guidance Memo is the result of the Supreme Court’s determination and New York’s Marriage Equality Act, N.Y. Dom. Rel. Law §§10-a and 10-b (McKinneys 2011), passed in 2011 (Marriage Equality Act), which legally permitted same-sex couples to marry in New York.

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Former Congressman LaTourette discusses political and policy landscape during McDonald Hopkins’ Business Hour

Cleveland, Ohio (August 1, 2013) – Today former U.S. Rep. Steve LaTourette, the current President of McDonald Hopkins Government Strategies, was the featured speaker at the Cleveland office of McDonald Hopkins law firm.

Former Representative LaTourette, a nine-term member of Congress from northeast Ohio, spoke for an hour about the current political and policy landscape in Washington, D.C. In a wide-ranging discussion before a packed house, Congressman LaTourette spoke frankly about the challenges to governing that exist in Washington today.

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Angel Gomez: In Light of Snowden – How to Use Independent Contractors

Our Epstein Becker Green colleague Angel Gomez, a Member of the Firm in the Labor and Employment and Litigation practices, based in Los Angeles, wrote an article for Law360 titled “In Light of Snowden: How to Use Independent Contractors.” (Read the full version – subscription required.)

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ILN Today Post


The Obama administration announced on July 2, 2013 through the U.S. Department of Treasury website its plans to postpone implementing two key provisions of the Affordable Care Act (ACA) for one year. Both the annual information reporting requirements and the employer mandate, which potentially penalizes large employers for not offering a minimum standard of affordable health care coverage to full-time employees, will not take effect until 2015. More…

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Safety initiative targets schools and universities

A new safety initiative has been launched targeting construction work taking place at schools, universities and student accommodation during the summer holidays.

Inspectors from the Health and Safety Executive (HSE) will be visiting sites across the North West during the next two weeks after the latest figures revealed construction workers are nearly four times as likely to be killed at work compared to the average worker.

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On July 14, 2013, Davis Malm was pleased to sponsor and participate in the Annual Mayor’s Cup Regatta to benefit AccesSportAmerica. AccesSport is a national non-profit Massachusetts based organization that inspires higher function and fitness for children and adults of all disabilities through high-challenge sports and training.

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Telehealth, Remote Monitoring & Medical Records: What Data Must Providers Include in a Patient Medical Record?

Telehealth creates unique health information management challenges for various reasons, including: aggregating large data sets (i.e. remote monitoring); using and storing numerous file formats (video, audio, text, digital images, film); establishing safeguards for sharing data with virtual providers and distant sites; determining the appropriate location for data storage (if more than one provider or entity is involved); and more.  All of these challenges create issues relating to medical record management, maintenance, ownership, and storage.

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Tark Grunte Sutkiene represents VAS “Valsts nekustamie īpašumi” in Riga castle fire case

State real estate”, VNĪ concluded an agreement with Tark Grunte Sutkiene on the legal assistance and representation of the State’s and VNĪ interests in the Riga Castle fire that happened on the night of June 21, case. Law firm examines and analyzes the insurance, construction and other documents and conditions, advising and preparing the necessary documentation, providing representation in negotiations and other processes.

The work group of the law firm is led by the partners Ivars Grunte and Linda Štrause.

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Fair Lending: Managing and Defending Against Claims of Discriminatory Lending and Assessing the Status of ‘Disparate Impact’ (Richik Sarkar)

Fair Lending: Managing and Defending Against Claims of Discriminatory Lending and Assessing the Status of ‘Disparate Impact’ in Lending Litigati on and Enforcement, Including in the Areas of Student Loans and Auto Financing

July 30, 2013
2:00 p.m. (panel discussion)

  • Assessing recent cases and actions
  • How state and federal agencies are approaching fair lending issues
  • Assessing the status of ‘disparate impact’ in lending litigation and enforcement
    – What the Mount Holly case could mean for ‘disparate impact’
  • Defending against the latest claims alleging fair lending violations
    – Data analysis
  • Defending against claims of discriminatory lending in the auto financing industry
  • Defending against claims of discriminatory lending in the student loan industry
  • Statistical modeling of decision making/disparate impact analyses
  • Maintaining privilege
  • Negotiating successful resolutions
  • Public relations concerns
  • Settlement considerations and strategies
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Hospital Medical Staff Lacks Capacity To Sue – Medical Staff Bylaws Are Not a Contract

The Minnesota Court of Appeals recently issued a decision that, in Minnesota, hospital medical staffs do not have capacity to sue as unincorporated associations.  In addition, the Court concluded that, at least in this case, medical staff bylaws do not constitute a contract between members of the medical staff and the hospital. With respect to […]

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