Monthly Archives: September 2013

Government Shutdown and Its Threat to the Immigration Process

We recommend this recent client alert on Epstein Becker Green’s website: “Special Immigration Alert: The Immigration Ripple Effect of a Government Shutdown,” by Robert Groban, Jr., Pierre Georges Bonnefil, Patrick Brady, Jang Im, and Greta Ravitsky, our colleagues at Epstein Becker Green.

Following is an excerpt:

The looming prospect of a Government shutdown will have a significant impact on the immigration process. Activities of the U.S. Citizenship and Immigration Services (USCIS) will be largely unaffected because it is funded by the fees it collects. The shutdown, however, may affect the ability of applicants to secure the government information required to respond to Requests for Evidence.

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Special Immigration Alert: 2015 Diversity Visa Lottery Begins on October 1, 2013, and Ends on November 2, 2013

The Department of State (“DOS”) has announced the registration period for the DV-2015 Diversity Visa (“DV-2015”) lottery. It will begin on Tuesday, October 1, 2013, at 12:00 p.m. EDT (GMT-4), and will conclude on Saturday, November 2, 2013, at 12:00 p.m. EDT (GMT-4).

We strongly recommend that applicants not wait until the last week of this registration period to enter because heavy demands may result in website delays. No entries will be accepted after 12:00 p.m. EDT on November 2, 2013. During the registration period, information, instructions, and the Electronic Diversity Visa Entry Form for the DV-2015 lottery will be available at

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Ohio Statehouse Update: This Week in Ohio — September 27, 2013

The Senate Public Utilities committee got its first look this week at Substitute Senate Bill 58, which includes proposed changes to Ohio’s five-year-old energy efficiency and renewable portfolio standards. The requirements were included in Senate Bill 221 of the 127th General Assembly, and mandate that by 2025 electric distribution utilities (EDU) implement energy efficiency programs resulting in a 22 percent usage reduction. Additionally, 25 percent of the electricity sold by each EDU must be generated from alternative energy sources—of that at least 12.5 percent must be generated from renewable energy resources and at least one half of the renewable energy used must be generated at facilities located in Ohio.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — September 27, 2013

As expected, the House passed a Continuing Resolution (CR) to fund the government past September 30 that contained a provision to defund the President’s signature healthcare law – the Affordable Care Act – more commonly known as Obamacare. The measure passed the House by a margin of 230 to 189.

The vote to tie defunding Obamacare to a CR came after House Republicans rejected a plan crafted by House Speaker John Boehner (R-OH) and House Majority Leader Eric Cantor (R-VA) that would have allowed the House to vote to continue funding the government and vote to defund Obamacare but would have given the Senate the ability to pass the CR portion while rejecting the defunding portion.

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Third Party Vendor Management in the Mortgage Servicing Context (Richik Sarkar)

Third Party Vendor Management in the Mortgage Servicing Context 
September 27, 2013
3:20 p.m.

Richik Sarkar
McDonald Hopkins

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Loan Servicing: Complying with New and Emerging Regulations, Employing Best Practices… (Richik Sarkar)

Loan Servicing: Complying with New and Emerging Regulations, Employing Best Practices, Defending Against Borrower Claims, and Implementing Effective Loss Mitigation Strategies

Richik Sarkar will participate in this panel discussion.

September 27, 2013
2:10 p.m. (panel discussion)

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Clark Wilson team assists with debt refinancing for Merus Labs International Inc.

On September 24, 2013 Merus Labs International Inc. announced that it had refinanced its debt obligation of US$39.5 million, previously provided by PDL BioPharma, Inc., by closing on two new debt instruments: a C$30 million senior credit facility with the Royal Bank of Canada and the Bank of Montreal, and a C$10 million convertible note debenture with a large Canadian institutional investor. Stewart Muglich led the team at Clark Wilson who worked on this transaction, including David Kington and Rosemary John who assisted with the banking facility and Victor Dudas who assisted on the private placement.

More information can be found in the Merus Labs International press release.

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Tip To Jurors: Leave Heroin Stash At Home While Sitting On Case

As reported by the New York Law Journal on September 19, 2013, Manhattan Supreme Court Justice Manuel J. Mendez determined in Matter of Esteban v. Department of Education of the City School District of the City of New York, 651904/13,  that a high school teacher in a New York City public school was fit to continue working in the classroom despite having been caught red-handed with twenty small bags of heroin while attempting to enter Manhattan Supreme Court, where he was serving on jury duty.

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A Decade of Advertising Week

In 2004 – the inaugural year of the industry’s biggest event, Advertising Week – Facebook was launched as a social networking site open only to Harvard students.  Now ten years old, Advertising Week – like social media – has seen many changes and, more importantly, has shaped critical conversations driving change in the advertising industry in the past decade.  Advertising Week now has its very own app, not to mention too many hashtags to count.  With dialogue and events on the most important topics in the industry, featuring many of the industry’s biggest innovators, movers, and shakers, Advertising Week is the most important week of the year for everyone on Madison Ave and beyond.

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Ontario Court Stays Action to Enforce $17.2 Billion Ecuadorian Judgment against Chevron Corporation

From 1964 to 1992, Texaco Inc., its subsidiaries and various partners engaged in oil extraction activities in the Lago Agrio region of Ecuador’s Amazon Basin. The next year, various plaintiffs filed suit in the Southern District of New York against Texaco alleging a variety of environmental, health and other tort claims related to Texaco’s extraction activities. The District Court dismissed the plaintiffs’ claims, in part because it believed that “the case had everything to do with Ecuador, and nothing to do with the United States”.
The United States Court of Appeals, Second Circuit disagreed. It required Texaco to make a commitment to submit to the jurisdiction of the Ecuadorian Courts. After several more years of “legal wrangling”, Texaco accepted the conditions established by the Appeal Court but reserved its right to contest the validity of a judgment rendered by a court in Ecuador.
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