Monthly Archives: September 2013

ILN Today Post

Gadens advises on property group owner’s capital raising

Sydney, 16 September 2013: Gadens congratulates Ingenia Communities Group on its successful $61.7m capital raising through a non-renounceable rights issue announced on 12 September 2013.

Ingenia Communities is Australia’s largest pure listed seniors fund.  The proceeds from the capital raising will fund the expansion of Ingenia’s manufactured home estates business through acquisitions in its pipeline. More…

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ILN Today Post

Gadens advises Cash Converters on senior unsecured note offer

Sydney, 20 September 2013: Gadens has advised Cash Converters on the launch of its senior unsecured notes offer, valued between A$50 million to A$60 million.

Senior unsecured note offered at 7.95 per cent for a maximum term of 5 years, will refinance existing indebtedness and assist with general corporate purposes of the Cash Converters group.  More…

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ILN Today Post

Gadens advises investors of residual value notes in Bunnings’ recent bond issue

Sydney, 17 September 2013: Gadens congratulates Wesfarmers Limited on its recent $304m capital raising for its Bunnings business which closed on 9 September 2012.  The bond issue involved $271m of senior bonds and $33m of residual value notes linked to lease payments from a portfolio of 15 Bunnings Warehouse properties.

Gadens advised a consortium of private investors who participated in the issue of the residual value notes which rank behind the bonds. More…

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ILN Today Post

A dress code is justified if standards are slipping

This article was previously published in The Financial Times on
11 September 2013.

Q: We have never before had a written dress code policy but, perhaps due to the extremely hot summer, standards seem to have dropped recently and it has prompted more than the odd comment from clients. How should we go about implementing a dress code policy without causing upset to people who have become accustomed to a more casual wardrobe?  More…

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ILN Today Post

Cooper & Dunham Attorneys Named New York Super Lawyers

Norman H. Zivin, Wendy E. Miller, Robert T. Maldonado and William E. Pelton have been named by New YorkSuper Lawyers magazine as four of the top attorneys in the New York metro area for 2013 in the areas of Intellectual Property and Intellectual Property Litigation. Only five percent of the lawyers in the state are named by Super Lawyers.

Tonia A. Sayour and Hindy Dym were named as Rising Stars for 2013 by New York Super Lawyers magazine. More…

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ILN Today Post

ENVIRONMENTAL & ENERGY LAW

The Chair of the U.S. Nuclear Regulatory Commission (NRC), Allison MacFarlane, found no basis for disqualifying herself from sitting as a tribunal panellist for the U.S. Department of Energy’s (DOE) licence application hearing for the construction of a geologic repository for the storage of high level nuclear waste at Yucca Mountain in Nevada. Nye County, which is in Nevada, filed a Motion for Recusal which Chair MacFarlane denied on September 9,  2013. More…

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Healthcare Alert: Attention CLIA/CLIA-exempt laboratories: Enforcement delay for notice of privacy practices revisions

The Department of Health and Human Services, Office for Civil Rights, has indicated that they will not enforce the requirement in the Final Omnibus Rule to revise the Notice of Privacy Practices by September 23, 2013 for certain HIPAA-covered laboratories which are subject to or exempt from the Clinical Laboratory Improvement Amendments of 1988 (CLIA). These laboratories are not currently required, under HIPAA, to provide individuals with access to their laboratory test reports. The Department of Health and Human Services is expecting to publish amendments to the HIPAA Privacy Rule and to the CLIA regulations regarding the right of individuals to receive their test reports directly from these laboratories. The proposed amendments would materially change the privacy practices for such laboratories, and therefore would require that the laboratories update their notice of privacy practices. In order to avoid requiring two revisions to the notice of privacy practices in such a short amount of time, the Office for Civil Rights will delay its enforcement. All other covered entities, including laboratories operating as part of a larger entity, are still required to update their Notice of Privacy Practices by September 23rd. 

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Healthcare Alert: Medicare Proposed 2014 Physician Fee Schedule: Payment cuts for the technical component of pathology codes

On July 8th, the Center for Medicare and Medicaid Services issued the proposed rule for the 2014 Medicare Physician Fee Schedule, which included significant cuts to the technical component (TC) of certain pathology codes. The proposed fee schedule would cap the TC payment for many pathology codes at the hospital outpatient prospective system rates. Some reimbursement rates will be cut by 75 to 80 percent. The cuts will not affect the professional component of pathology services. 

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David Waxman, Katelyn Letizia secure win for hospital and its chaplain

David Waxman

Arnstein & Lehr

Katelyn Letizia

Arnstein & Lehr Chicago Partner David S. Waxman, assisted by Chicago Associate Katelyn Letizia, recently won an unusual case in the Cook County Circuit Court on behalf of a hospital system and a rabbi serving as a hospital chaplain. The plaintiff, an orthodox Jew, contended that the rabbi breached the standard of care by failing to prevent the disposal, as medical waste, of his surgically amputated leg which, according to orthodox tradition, must be buried. The plaintiff sought an award of damages for his emotional injuries. The defense successfully contended that the patient never communicated any such request to the rabbi but had, in fact, signed two separate consent forms not only allowing for the amputation but for the disposal of any tissue obtained in the surgical procedure. Circuit Court Judge Roger Fein issued a written opinion granting the motion to dismiss and dismissing plaintiff’s case, in its entirety, with prejudice.

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Consumer Financial Protection Bureau Issues Warning To Employers Who Use Payroll Cards

By Lisa M. Watanabe

On September 12, 2013, the Consumer Financial Protection Bureau (CFPB) issued a bulletin warning employers that they cannot require their employees to receive wages on payroll cards. The CFPB’s bulletin was issued amid the growing unrest among workers about the high and unexpected fees often associated with payroll cards.  Critics say that the fees may be so high that employees end up making less than the minimum wage.

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