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
Monthly Archives: January 2014
January 16, 2014
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.
January 15, 2014
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.
January 15, 2014
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
January 15, 2014
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.
January 15, 2014
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.
January 15, 2014
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.
January 15, 2014
Joan Disler Featured as Female Powerbroker
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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.”
January 15, 2014
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!
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January 15, 2014
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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