Monthly Archives: August 2013

Court Is Asked Whether a Living Will is Effective

This week, the family of Margaret Bentley, an 82 year old woman with advanced dementia, started a law suit asking the British Columbia Supreme Court to order the care home to stop “force feeding” her.   The family contends that Ms. Bentley, a retired nurse, clearly set out her wishes in her Living Will executed in 1991.  They say that the Living Will states she wishes to die with dignity, and not to be given “nourishments or liquids”.

According to a recent report, one of the defendants in the law suit, the Fraser Health Authority, says it has a legal obligation to care for Ms. Bentley: “if no one fed her, caregivers would be abdicating their responsibilities to provide her with basic essentials. Ignoring such obligations might result in a lawsuit or even a violation of the Criminal Code, Fraser Health contends. It says those obligations trump Bentley’s living will.”

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Week of August 5, 2013 on ILNToday – A Roundup!

It’s been another busy week here at the ILN, getting ready for the two fall conferences in Mainz, Germany and Miami, Florida, and working with our specialty groups on their various projects – including a cross-border webinar/presentation that our Trusts & Estates group is putting on, which I’m particularly excited about!

It’s also been a busy week for our attorneys, putting out some great content. So here are this week’s top posts!

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ILN Today Post

LIBOR test claims in England

The rigging of certain LIBOR rates has led to regulatory action in the UK, US and Switzerland and at EU level, and more is yet to come, including antitrust action as well as criminal proceedings against individuals.

LIBOR rates were widely used to set interest rates on loans and in interest rate swaps and other derivatives, effecting between $300 trillion and $800 trillion of transactions per year. It is therefore not surprising that customers of banks are keen to consider whether the rigging might provide defences to claims by banks and even allow the avoidance of liability on hedging that has proved to be costly and unnecessary.  More…

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ILN Today Post

The Jackson reforms and property litigation

1 April 2013 saw the introduction of the most far-reaching changes to the Civil Procedure Rules since they were introduced in 1999. They are the result of a review, undertaken by Lord Justice Jackson in 2009, into whether changes in case management procedures could bring about more proportionate costs in litigation. More…

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New Law Would Limit Liability for Innocent Billing Errors

The Fairness in Health Care Claims, Guidance and Investigations Act, H.R. 2931  would amend the False Claims Act (“FCA”) by requiring that regulators satisfy procedural steps before embarking on costly fraud investigations.  The Bipartisan legislation, introduced by Representatives Howard Coble (R), North Carolina and David Scott (D), Georgia, would raise the burden of proof under […]

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

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Warning over quickie celebrity divorces

Couples risk developing unrealistic expectations of divorce and separation as a result of celebrity divorces reported in the media, the Law Society for England and Wales has warned.

It points out that the speed of divorces such as Nigella Lawson’s from Charles Saatchi owes a lot to the fact that neither side was making a financial claim against the other, a situation that doesn’t exist in most divorces.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — August 9, 2013

Comprehensive tax reform has always been a Herculean legislative lift for proponents in both chambers, but the effort could get even more difficult. House Ways and Means Committee Chairman Dave Camp (R-MI) is considering a run for the Senate seat being left open by the retirement of long-time Senator Carl Levin (D-MI).

From his perch atop the powerful House Ways and Means Committee, Rep. Camp has been a tireless and vocal leader of the efforts to overhaul our nation’s tax code for years. A Senate bid by Camp would force the Michigan Republican to shift his emphasis from tax reform to a Senate run. 

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"Republican Divide Shows Moderates Hard to Find in Echoes of 1964," Steven LaTourette interviewed

McDonald Hopkins Government Strategies President Steven LaTourette was interviewed for the Bloomberg Businessweek article “Republican Divide Shows Moderates Hard to Find in Echoes of 1964.”

Click here for full article.

http://www.businessweek.com/news/2013-08-09/republican-divide-shows-moderates-hard-to-find-in-echoes-of-1964

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National Election Law Seminar (Raquel Rodriguez)

Raquel Rodriguez will be a panelist at the National Election Law Seminar sponsored by the Republican National Lawyers Assocation on August 9th. She will be discussing legal issues from the 2012 Presidential Election and the Florida election law landscape.

Click here for more information and to register.

https://www.rnla.org/events/EventsDetail.asp?EventID=915

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The New Jersey Technology Council: Informative Discussions at the 2013 Annual Meeting

By Michelle Capezza

The New Jersey Technology Council (NJTC) is a not-for-profit, trade association which focuses on connecting decision-makers and thought-leaders from technology and technology support companies through access to financing opportunities, networking, and business support. Through its programs, the NJTC provides timely business information to help its members grow and succeed and provides forums for member companies to work together to advance New Jersey’s, and the region’s, status as a leading technology center.

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