Monthly Archives: July 2013

Week of July 15, 2013 on ILNToday – A Roundup!

Is it fall yet?

Sit in front of a fan or ac unit as you read this week’s top posts from ILNToday!

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US Intervenes In Whistleblower False Claims Act Lawsuit Alleging Submission of More Than $500 Million in Improper Claims

After the United States decided to intervene, a whistleblower lawsuit under the federal false claims act was unsealed.  The Amended Complaint alleges that over the period 2004 to 2010, the defendants submitted over $500 million in claims to Medicare, Tricare, and Medicaid that were the result of physician compensation schemes in violation of Stark and […]

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

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Is OSHA’s Severe Violator Enforcement Program Broken?

OSHA issued a White Paper on February 26, 2013, analyzing the first 18 months of its new, controversial enforcement initiative known as the “Severe Violator Enforcement Program” (“SVEP”). The White Paper concludes that the SVEP is “off to a strong start” and “already meeting certain key goals,” including:

1. Identifying recalcitrant employers whose violations of the OSH Act “demonstrate indifference to the health and safety of their employees.”
2. Effectively guiding OSHA’s enforcement resources toward those employers by “targeting high-emphasis hazards, facilitating inspections across multiple worksites . . . and by providing Regional and State Plan offices with a nationwide referral procedure.”

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ILN Today Post

Protections Against the Abandonment of Initial Improvement Work Where a Construction Allowance is Provided to a Tenant with Questionable Creditworthiness

Landlords seeking to mitigate the risk of being left with an incomplete project financed in whole or in part with its own funds will resort to a variety of techniques to protect its investment. This article will explore such protections and highlight certain advantages and disadvantages of each from both the landlord and tenant’s perspective.

In order to attract certain tenants, it is common for commercial landlords to pay for some or all of the costs of preparing the prospective tenant’s pace for its initial occupancy. The landlord will typically view such an improvement “allowance” as a financing arrangement, the cost of which will be amortized over the term of the lease and added to the rental rate that would otherwise be charged for the space. By doing so, the landlord anticipates that it will recoup its upfront costs through the tenant’s regular rental payments throughout the lease term. More…

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ILN Today Post

Community Right to Bid

One of the themes in the Conservative Party’s manifesto for the April 2010 general election was the creation of a “Big Society”. Some of the more ambitious plans fell by the wayside. However, other initiatives did take flight and were incorporated in the Localism Act 2011. One of these was the ability for local residents to temporarily block the sale of a building that was seen as an asset to the local community. This has become known as the “Community Right to Bid” (CRB). More…

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ILN Today Post

Damages for breach of arbitration agreement

There has been a further judgment at the Commercial Court in West Tankers vAllianz SpA [2012] EWHC 854 (Comm).

The case originally came to prominence because the European Court of Justice held that the English court was not entitled to make an anti-suit order to prevent proceedings in Italy in breach of an arbitration agreement providing for arbitration in London. The European Court of Justice held that it was for the Italian court to decide whether the proceedings should be stayed, under the terms of the Brussels Regulation, despite that Regulation being generally inapplicable to arbitration. More…

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Mergermarket M&A report highlights TGS among the leading legal advisers in CEE

TARK GRUNTE SUTKIENE was among top 15 law firms in CEE region in Mergermarket’s H1 2013 M&A Report, issued in July 2013. Law firm advised the deals worth in excess of USD 1 billion and was ranked 12th in the prestigious adviser league table.

M&A deal highlights for TARK GRUNTE SUTKIENE in H1 2013 include advising:

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Immigration Alert: July 2013

  1. SCOTUS Holds DOMA Unconstitutional
  2. Comprehensive Immigration Reform Passes the Senate
  3. Second Circuit Forecloses Back Pay and Reinstatement for Undocumented Workers
  4. Seventh Circuit Finds That Form I-9 Violation Bars Religious Bias Claim
  5. OSC Warns Employers on Release of Form I-9 Information
  6. United States Charges 7-Eleven Franchise Owners with Criminal Immigration Violations
  7. Health Care Professional Staffing Company Convicted of Immigration Fraud
  8. OSC Settles Discrimination Claims with Macy’s Over Immigrant Employees
  9. DOL Penalizes Employers for Failing to Pay H-1B Legal Fees and Other Expenses
  10. OSC and NLRB Execute Collaboration Agreement
  11. DOS Issues August 2013 Visa Bulletin
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McDonald Hopkins Government Strategies Advisory: This Week in Washington — July 19, 2013

This week, Senate Democrats and a group of Senate Republicans reached a deal that would avoid Senate Majority Leader Harry Reid (D-NV) using the so-called “nuclear option” to change the rules regarding the use of the filibuster as it relates to cabinet appointments.

Reid had charged Republicans with abusing the filibuster to hold up several of President Obama’s cabinet picks – a charge Republicans once leveled at Democrats when President George W. Bush was in the White House. Reid said last week that he had the 51 votes necessary to change the filibuster rules as it related to cabinet appointments. 

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Calling All Travelers: Advertising Cities as Brands

We’ve all dreamed of traveling to exotic locales, living like locals halfway around the world, or taking that long-discussed epic road trip across the good ol’ U.S.A.  When it comes down to it, travel is a luxury, and in the recent economic downturn, budget-friendly trips have been the ones most frequented.  As the economy picks up and a new generation of eager travelers matures, we’re noticing a revived investment in local business growth initiatives and tourism advertising and marketing budgets for cities across the country and around the world.

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