Monthly Archives: January 2014

Getting good title to art

Prompted by the “flea market Renoir” art case in the US, I’ve done an article for The Times about making sure that you get to own and keep the art you buy: Getting good title to art
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THOMAS S. FITZPATRICK CO-CHAIRS MCLE 13TH ANNUAL NEW ENGLAND BUSINESS LITIGATION CONFERENCE

On January 29, Davis Malm shareholder Thomas S. Fitzpatrick co-chaired the 13th annual “Business Litigation 2014” conference hosted by Massachusetts Continuing Legal Education. Mr. Fitzpatrick presented with co-chair Michael F. Connolly at the opening program “Year-in-Review: Top 10 Cases,” which provided an analysis of how these cases impacted the practice of law. He also moderated the program “Business Litigation Session Judicial Panel,” which provided insightful, practical tips from Business Litigation Session Judges Thomas P. Billings, Mitchell H. Kaplan, Christine M. Roach, and Janet L. Sanders.

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Multistate Tax Update — January 16, 2014

Michigan taxpayers have until Feb. 10, 2014 to apply for an exemption from their personal property taxes if they have less than $80,000 of combined true cash value of industrial or commercial personal property owned by, leased by or in their possession and/or related entities in a single local taxing jurisdiction. Taxpayers owning such eligible personal property may claim the exemption by filing an affidavit on Form 5076 each year for each jurisdiction in which the taxpayer is eligible for the exemption.

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Healthcare Alert: The direct primary care home plan: A preferable and profitable alternative to traditional insurance under the ACA?

Under the provisions of the Affordable Care Act (ACA), by March 31, 2014, most United States citizens must acquire a Qualified Health Plan (QHP), or pay a penalty. A QHP is an insurance plan that is certified by the Health Insurance Marketplace,1 provides essential health benefits, follows established limits on cost-sharing (like deductibles, copayments and out-of-pocket maximum amounts), and meets other requirements. A little known provision of the ACA provides that QHPs may provide coverage through a qualified direct primary care medical home plan (DPC), paired with high deductible “wrap-around” insurance.2 This represents a non-traditional alternative to standard insurance products for consumers under the ACA. As discussed below, a DPC may offer better medical care, at lower costs to patients, and at higher profit margins to healthcare providers.3

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Residential Mortgage Litigation and Regulatory Enforcement Conference (Richik Sarkar)

Richik Sarkar will be speaking at the Residential Mortgage Litigation and Regulatory Enforcement Conference on Friday, January 16th. He will be speaking on Third Party Vendor Management in the Mortgage Servicing Context.

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Healthcare and Data Privacy Alert: A surge in healthcare data breaches: Failure to comply with HIPAA is costly

A recent and costly settlement is the latest reminder of the importance of HIPAA compliance. At year-end 2013, the Office for Civil Rights(OCR) of the U.S. Department of Health and Human Services (HHS) and a dermatology practice, Adult & Pediatric Dermatology, P.C. (the Group), entered into a resolution agreement that breaks new ground in imposing sanctions for failure to maintain written policies and procedures. The resolution agreement serves as a reminder of potential Health Insurance Portability and Accountability Act (HIPAA) exposure for covered entities and business associates. The settlement is based on OCR’s findings that the Group failed (i) to perform risk analysis as required under the HIPAA Security Rule, and (ii) to have written policies and procedures and train members of its workforce as required under the Breach Notification Rule. The settlement requires the Group to pay $150,000 and implement a corrective action plan. The press release, resolution agreement and corrective action plan are available here.

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What a relief!

The Chancellor’s Autumn Statement last month confirmed that capital gains tax (CGT) is to be extended to UK residential property by non-residents.  At the time of writing this, we are still waiting for further details in the form of a consultation document.  However, I predict that securing CGT Principal Private Residence (PPR) Relief will become a popular topic of discussion in 2014 for those non-residents who do use a UK property as a residence.  There may be no downside in their electing for the UK residence to qualify for PPR relief, if they can.
Even for UK residents, PPR should be of immense interest because it is one of the most valuable reliefs that most people are likely to take advantage of in their lifetimes.  In short, it allows people to sell their homes and not have to pay CGT on the growth accrued during their period of ownership.  So in times of rising house prices, it pays to ensure that your PPR Relief claim is rock solid.
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Joan Disler Featured as Female Powerbroker

Joan Disler

Joan Disler, chair of Epstein Becker Green’s employee benefits steering committee, co-founder of the firm’s Women’s Initiative, and a co-editor of this blog, is featured in a recent Law360 Female Powerbrokers Q&A.

Joan, whose career included a period of working a reduced hour schedule when her children were young, points out how family and work priorities shift over time. She strongly suggests that women, “find a way to make that work without giving up your commitment to your career.”

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ILN Firm of the Month – Salloum & Company, United Arab Emirates!

I’m happy to announce that our first firm of the month for 2014 is Salloum & Company in the United Arab Emirates!

 
 

Member of the International Lawyers Network

The ILN is proud to announce our latest “Firm of the Month” – Salloum & Company, United Arab Emirates!

Salloum & Co., one among the oldest law firms of Abu Dhabi was established in 1983. With an exceptional tradition of more than two decades, the firm is reckoned to have a decisive role in the legal arena of the United Arab Emirates, with both local and cross-jurisdictional expertise. The firm advises and assists its clients on a wide range of issues, and provides its proficiency in consultancy, litigation, arbitration and alternative dispute resolution.

Salloum & Co. comprises of lawyers having varied national backgrounds with in-depth knowledge and invaluable experience in their spheres of practice.

Salloum & Co.’s realm of practice covers a wide spectrum and includes: corporate & commercial, foreign investment, free zones, banking & finance, capital market, immigration, insurance, intellectual property right, joint venture, labor, litigation & alternate dispute resolution, merger & acquisition, maritime, aviation, real estate & construction, shariah, technology, media & telecommunication, transportation & logistics etc.

Full descriptions of Salloum & Company’s services, expertise, and lawyer profiles are available on their ILN profile.

Lindsay Griffiths
Director of Global Relationship Management
International Lawyers Network

Lindsay Griffiths

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Main Contacts:

Samir A. Salloum

Samir A. Salloum

Email: samir@salloumlaw.ae
Telephone: +971 (2) 6450729

Practice Groups:
Corporate, Commercial, Banking & Arbitration
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Ziad Salloum

Ziad Salloum

Email: ziad@salloumlaw.ae
Telephone: +971 50 3182607

Practice Groups:
Corporate &
 Commercial Finance and Banking Law

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Alan Griffiths

“Salloum & Company is a valued member of the ILN, and we’re proud to feature them as our firm of the month.

Alan Griffiths
Executive Director
International Lawyers Network

+001.201.594.9985

www.ilntoday.com

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ILN Today Post

Lefèvre Pelletier & associés (LPA) advises Symbior Energy on PV solar investment in Asia

The law firm Lefèvre Pelletier & associés (LPA) advised Hong Kong-based energy group Symbior Energy and its affiliated company Symbior Solar Siam in the acquisition by the Mekong Brahmaputra Clean Development Fund L.P. (MBCDF – a fund focused on development using clean technology) of a 49% interest in Symbior Elements Holdings. More…

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