Monthly Archives: February 2014

ILN Today Post

Heavy Vehicle National Law Penalties Framework Review

The National Transport Commission (NTC) recently released the Consultation Draft – Heavy Vehicle National Law Penalties Framework Review (Review) for public comment. Submissions on the Review can be submitted to the NTC until 14 February 2014 and will be published online.

The NTC intends to submit a final report in May 2014 to the Standing Committee on Transport and Infrastructure (SCOTI) which directed that nationally consistent penalties be set in the Heavy Vehicle National Law (HVNL) which regulates all vehicles over 4.5 tonnes. More…

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ILN Today Post

The detail of the Road Safety Remuneration Tribunal’s first road safety remuneration order

Further to our article in December ‘First road safety remuneration order issued‘, the Road Safety Remuneration Tribunal has released its first road safety remuneration order (Order).

In this article, we provide further detail about the obligations imposed under the Order. More…

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ILN Today Post

Update: the Customer Owned Banking Code of Practice

The new Mutual Banking Code of Practice commenced on 1 January 2014.

ADIs subscribe to the Code by formally signing up to be bound by it.  Not all members of the Customer Owned Banking Association are subscribers to the Code.

The changes from the previous Code largely reflect the movements in the regulatory environment.  Some of the main changes are summarised below: More…

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ILN Today Post

Release of Future of Financial Advice (FOFA) amendments

The Federal Government has released draft legislation and regulations to implement changes to the Future of Financial Advice (FOFA) legislation.  These changes have been anticipated since the Federal Government’s pre-Christmas announcement that changes would be made to the FOFA laws to reduce compliance costs for the financial services industry.

Interested parties have been invited to comment on the proposed changes.  The closing date for submissions is 19 February 2014. More…

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EBG’s National OSHA Practice Recognized as the Occupational Health & Safety Law Firm of the Year

Epstein Becker & Green is proud to report that Corporate INTL Magazine has named our national OSHA Practice Group based out of Washington, DC as the “Occupational Health & Safety Law Firm of the Year“ in its 2014 Global Awards.

The award was given after Corporate INTL’s research department conducted extensive reviews, drew insight from business leaders, advisers and investors throughout the world, and took feedback over the past year from the readership of Corporate INTL Magazine (over 70,000 company leaders and advisers), law firm partners, in-house counsel, CFO’s, CEO’s and Corporate Directors from all over the world.

According to Corporate INTL:

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PAUL L. FELDMAN PARTICIPATEs IN MCLE ZONING PRACTICE SEMINAR

On February 11, Davis Malm attorney Paul L. Feldman presented at the “Zoning Practice: MCLE BasicsPlus” seminar. This seminar is designed for the practitioner who needs a solid understanding of zoning, including the basics for both residential and commercial properties, handling issues that arise when special permits or variances are required, dealing with nonconforming uses and structures, and dealing with the Land Court and municipalities. Mr. Feldman was part of a faculty comprised of experienced real estate experts.

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"It can be favorable to consider personal goodwill in sale," Carl J. Grassi

McDonald Hopkins President, Carl J. Grassi, wrote the article “It can be favorable to consider personal goodwill in sale,” for the February 10-16, 2014 edition of Crain’s Cleveland Business.

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Lidings’ Partner Elected to Join the Global Advisory Board of ICDR Young & International

Partner, head of dispute resolution practice at Lidings Andrey Zelenin has been elected to become a member of the Global Advisory Board of ICDR Young and International. The recently announced appointment is expected to be for a 3-year term.

ICDR Young & International (ICDR Y&I) is the networking group affiliated with the ICDR for those interested in international arbitration and alternative dispute resolution under the age of 40. Its primary goal is to provide opportunities for younger participants in the field of international arbitration and ADR to meet, exchange ideas and learn from peers and more senior practitioners. ICDR Y&I ranks include attorneys in private practice, in-house counsel, government employees and academics and graduate students with an interest in international arbitration. Since its launch in April 2004, ICDR Y&I has enjoyed continued growth, now having more than 2,300 associates from 96 countries spanning 6 continents. The group has hosted (or co-hosted) events in more than 30 cities in Europe, North America, Latin America and Asia.

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OIG Issues Report on 340B Contract Pharmacy Arrangements Supporting Need for Tighter Rules

By Constance Wilkinson, Alan Arville, and David Gibbons

The U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) released a Report [1] on February 5th based on in-depth interviews with a sample of thirty 340B Covered Entities – half were disproportionate share hospitals (“DSH”) and half were community health centers (“CH”) – and eight contract pharmacy administrators to gain a better understanding of how contract pharmacy arrangements operate under the 340B Drug Discount Program, codified as Section 340B of the Public Health Service Act (“340B Program”).

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Court Breathes New Life Into Summary Judgment Process

For many years, Ontario litigation counsel cautioned their clients against making motions for summary judgment, even when they believed that the client’s case was strong, because of the expense, delay and uncertainty inherent in making such motions.  Under Ontario’s Rules of Civil Procedure, summary judgment was available where the court was satisfied that there was no genuine issue requiring a trial.  However, issues of credibility were often viewed by motion judges as “genuine” issues that required a trial to resolve.  In addition, motion judges had limited fact finding powers.
In 2010, the summary judgment rule was amended based on the recommendations of former Associate Chief Justice Coulter Osborne.  The new rules gave a judge hearing a motion for summary judgment the powers to weigh evidence, evaluate the credibility of a witness and to draw inferences from the evidence.  In the Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA764, a five judge panel of the Ontario Court of Appeal explained the effect of the 2010 amendments and adopted a new “full appreciation test” that judges should use to decide whether a trial was required.  Under this test, the motion’s judge must assess whether a trial was necessary to enable the court to fully appreciate the evidence and issued posed by the case.  The Court of Appeal held that summary judgment should be granted only where the benefits of the trial process are not required to achieve a “full appreciation” of the evidence.  
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