Monthly Archives: February 2014

Lidings advised on the acquisition of Baxter’s Continuous Renal Replacement Therapy Business by Nikkiso

Nikkiso America, Inc. announced it has completed the acquisition of Baxter International Inc.’s legacy Continuous Renal Replacement Therapy (CRRT) business. The deal involved several dozen jurisdictions. Lidings was engaged to support the transaction in Russia.

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Superbowl Commercials – The Good 2014 (Part II)

Yesterday, we kicked off the start of my Superbowl commercials review with five of my favorites. Let’s keep the positivity going for another day with five more good commercials (before we head into the bad and the ugly!).

It’s interesting to see how subjective these choices are (and goes back to my favorite quote, which is from Anais Nin – “We see things not as they are, but as we are”). There are many lists I’ve seen and favorites quoted that I just hated, and so many of my preferred commercials didn’t make it to anyone’s top lists.  So add your thoughts to the comments – which were your hits and misses? 

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Two for Tuesday – Get Inspired

Although I will be talking Superbowl commercials later today, I also wanted to sneak in a Two for Tuesday. The theme for today’s tips is “Get inspired.” A lot of us kick off the year in high spirits, feeling motivated to start new projects and make this “our year.” February can bring some doldrums, with the dreary weather (I love snow, but we had just rain and ice yesterday, very depressing) and still short days. 

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ILN Today Post

FEDERAL GOVERNMENT INCREASES COVERAGE FOR NUCLEAR LIABILITY FROM $75 MILLION TO $1 BILLION AND IS POISED TO RATIFY INTERNATIONAL LIABILITY TREATY

Stanley D. Berger B.C.L.,L.L.B, Certified Specialist Environmental Law

On January 30, 2014 Canada’s Minister of Natural Resources introduced the Energy Safety and Security Act (Bill C-22). Part 2 of the Bill is the long-anticipated new Nuclear Liability and Compensation Act http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=6395896 More…

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Chicago Federal Court Holds That A Contractual Limitation On A Corporation’s Ability To Compete Should Not Be Analyzed Like An Employer/Employee Non-Compete

A federal judge in Chicago recently held that when a corporation enters into a contract with another corporation under which it agrees not to engage in certain competitive activities, that agreement not to compete should not be analyzed like an employer/employee non-compete. Owens Trophies, Inc. f/k/a R.S. Owens and Company, Inc. v. Bluestone Designs & Creations, Inc. and Society Awards (N.D. Ill. January 14, 2014). Rather, the Court held that because there is no imbalance of power between the parties in that situation, the enforceability of the contract should be analyzed like any other arms-length transaction, and the employer-employee restrictive covenant framework is inapplicable.

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ILN Today Post

Equity Crowdfunding: Are We There Yet?

Most of the approximately eighty crowdfunding websites (known as “portals”) in Canada are non-equity crowdfunding portals, such as Kickstarter. That is, they offer you a platform to raise money online from the general public for a particular project or purpose, but do not allow you to offer any shares or other type of equity interest in exchange for the contribution. More…

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ILN Today Post

HELLSTRÖM RECRUITS NEW LAWYERS YOU WANT ON YOUR SIDE

Hellström continues to expand: Peter Utterström and Leif Frykman appointed as Senior Counsels.

Peter Utterström has more than thirty years’ experience in Swedish and international business law. Peter specializes in M&A, company- and corporate governance (both compliance and governance), Swedish and international corruption as well as Swedish and international tax law. Peter is also an advisor and frequent speaker on tax and anti-bribery matters – Swedish as well as international. More…

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Heathcare Alert: Health care providers face heightened federal scrutiny

The federal government is enhancing its efforts to pursue those health care providers whom it believes have consistently filed claims inappropriately for payment by Medicare, Medicaid, and other federal health care programs. Over the past several months, the Office of Inspector General (OIG) and Center for Medicare and Medicaid Services (CMS) have issued reports emphasizing that those providers who receive high levels of payments and those who do not comply with educational efforts should be targeted for review and sanctioned for overpayments. 

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CMS Proposes Far-Reaching Changes to the Medicare Part D Prescription Drug Benefit Program and the Medicare Advantage Program

On January 10, 2014, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule (“Proposed Rule”) setting forth sweeping changes to the Medicare Program’s outpatient prescription drug benefit (“Part D”) program and additional changes to the Medicare Advantage (“MA”) program. Comments are due by 5 p.m. ET on March 7, 2014.[1] Stakeholders comprise a wide range of organizations, including managed care organizations, prescription drug plan sponsors, pharmacy benefit managers, pharmacies, drug manufacturers, and the vendors that provide services and products to this segment of the health care industry. Stakeholders are urged to comment on the Proposed Rule. Please visit http://www.gpo.gov/fdsys/pkg/FR-2014-01-10/pdf/2013-31497.pdf for more information about how to submit comments. Stakeholders will be significantly affected if the provisions in the Proposed Rule are adopted as proposed.

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New York Federal District Court Awards Undocumented Immigrants FLSA Damages

by Robert S. Groban, Jr.

On December 19, 2013, the U.S. District Court for the Southern District of New York denied the defendant’s motion for discovery regarding the plaintiffs’ immigration status in Colon v. Major Perry St., Inc., No. 1:12-cv 03788 (S.D.N.Y. 2013). In Colon, several workers, some of whom are undocumented aliens, sued under the Fair Labor Standards Act (“FLSA”) to recover minimum and overtime wages that the employer refused to pay. The defendant argued that under the Second Circuit’s decision in Palma v. NLRB, 723 F.3d 176 (2nd Cir. 2013), the plaintiffs were barred from collecting back pay under the FLSA if they were here illegally. In Palma, the Second Circuit held that the workers, who were undocumented aliens at the time they were fired, were precluded from collecting back pay under the National Labor Relations Act.

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