Monthly Archives: May 2014

LinkedIn’s Publishing Platform – Could I Be Convinced?

Last week during our annual conference, one of our delegates wanted to sit down with me and talk about content. He mentioned that his firm’s website didn’t have the capability for publishing articles, and there were no current plans to change that, but indicated that he had things he wanted to say about his area of practice.

While some of you may think a blog is the answer, he had some other caveats – he wanted something that he could update and publish to as frequently or infrequently (due to his busy schedule) as he liked, and something that wouldn’t require too big of a learning curve.

Read full article

USCIS Ombudsman Reports Mistaken Denials of Work Authorization for Conrad 30 Dependents

By Robert S. Groban, Jr. and Matthew S. Groban

On March 24, 2014, the USCIS Ombudsman reported that the agency has been improperly denying employment authorization to the dependents of J-1 doctors who are participating in the Conrad 30 program. Normally, foreign physicians who pursue medical training in the United States in J-1 status must leave the country and return home for at least two years when they finish their residency programs. The Conrad 30 program waives this two-year foreign residence requirement and allows those J-1 physicians selected for the program to change their status to H-1B (exempt from the cap) and apply for a green card if they spend at least three years practicing in an underserved area.

Read full article
ILN Today Post

INFINUS AG Finanzdienstleistungsinstitut: Insolvenzverfahren eröffnet

Das Amtsgericht Dresden hat das Insolvenzverfahren über die „INFINUS AG Finanzdienstleistungsinstitut“ (FDI) eröffnet. Zum Insolvenzverwalter des Unternehmens bestellte das Gericht Dr. Bruno M. Kübler von der bundesweit tätigen Kanzlei KÜBLER.

Read full article

Multistate Tax Update — May 29, 2014

This past Tuesday, sponsors of H.B. 5, Representatives Grossman and Henne, testified before the Senate Finance Committee regarding the Ohio municipal tax simplification bill. This bill was previously covered in the Oct. 17, 2013 edition of the Multistate Tax Update. Some highlights of their testimony were:

Read full article

OIG Supplemental Advisory Bulletin on Patient Assistance Programs Leaves Open Questions for High-Cost Breakthrough Drugs in Medicare Part D

On May 21, 2014, the Office of the Inspector General (“OIG”) of the Department of Health and Human Services issued a Supplemental Special Advisory Bulletin (“Supplemental Bulletin”) addressing the risks that Independent Charity Patient Assistance Programs (“PAPs”) raise under the Anti-Kickback Statute and beneficiary inducement civil monetary penalties of the Social Security Act.[1] In a PAP, pharmaceutical manufacturers and others can contribute to independent, bona fide charities that assist beneficiaries enrolled in federal health care programs in meeting cost-sharing obligations for prescription drugs. The Supplemental Bulletin adds new limitations to the 2005 Special Advisory Bulletin (“2005 Bulletin”) that the OIG issued regarding PAPs in advance of the 2006 implementation of the Medicare Part D outpatient prescription drug program (“Part D”).[2] The limitations reflect certain issues that the OIG has observed in the years since Part D was implemented and focus on three areas: disease funds, eligible recipients, and the conduct of donors. At the same time, the Supplemental Bulletin does not specifically address recent developments that can have important impacts on Part D beneficiary cost sharing and the development of PAPs. These recent developments include the phase-out of the Part D coverage gap by 2020 under the Affordable Care Act (“ACA”) and the emergence of breakthrough, high-cost drugs, such as Gilead’s sovaldi. This Client Alert summarizes the new limitations in the Supplemental Bulletin and the potential uncertainties that may remain given these recent Part D developments.

Read full article
ILN Today Post

Shutts & Bowen Attorneys Recognized as Leading Lawyers by Chambers USA

Shutts & Bowen LLP is pleased to announce that thirteen partners have been named top lawyers in their fields by London-based Chambers & Partners in the 2014 edition of Chambers USA: America’s Leading Business Lawyers.  The attorneys were recognized for excellence in the following practice areas: banking and finance, construction, corporate/M&A and private equity, real estate, zoning/land use, health care, and employee benefits. More…

Read full article

Curing Deficiencies in a Will – Examples from Other Provinces

As we have previously discussed, section 58 of the Wills, Estates and Succession Act allows the Court to declare that a writing, document, or record that does not meet the formal requirements for the execution of wills is, nonetheless, fully effective as a will.  This is a substantial change to the law in our province.  The following are examples of documents that were found to be fully effective as a will (or revocation of a will) under the Manitoba or Saskatchewan provisions, which are similar to section 58:

Read full article

Konkurrencerådet godkender revisorfusion med tilsagn

Konkurrencerådet har været betænkelig ved fusionen, men den er blevet godkendt, fordi fusionsparterne afgav tilsagn om at stille et antal medarbejdere fri for deres kunde- og konkurrenceklausuler, således at KPMG International har bedre mulighed for at rekruttere medarbejdere ved genetablering i Danmark.

Read full article

Two for Tuesdays: Conference Follow Up

It’s time for another Two for Tuesdays here in muggy New Jersey, and what better topic to discuss than conference follow up? We just wrapped up the ILN’s 26th Annual Meeting in Chicago, which was a whirlwind of business sessions and social activities designed to facilitate relationships. And we managed to squeeze a little fun in there too! 

Read full article

OCAHO Continues to Enforce Form I-9 Violations in Hospitality and Construction Industries

By Matthew S. Groban and Robert S. Groban, Jr.

The OCAHO has recently issued two Form I-9 enforcement decisions involving hospitality and construction industry employers that should be of interest to all our clients.

In United States v. Symmetric Solutions, Inc. d/b/a Minerva Indian Cuisine, 10 OCAHO no. 1209 (OCAHO February 6, 2014), an OCAHO Administrative Law Judge (“ALJ”) upheld a $77,000 fine imposed by Immigration Customs Enforcement (“ICE”) against a restaurant in Alpharetta, Georgia (“Restaurant”), for Form I-9 violations. ICE claimed that the Restaurant failed to prepare/present Forms I-9 for more than 80 employees, failed to ensure that several employees completed their Forms I-9 correctly, and hired 17 workers knowing that they were not authorized to work. The Restaurant claimed that it was not liable for the violations because, among other things, it did not own the Restaurant at the time of the violations. The ALJ rejected this defense, and upheld the fine, because the evidence established that the original owners retained a 40 percent interest in the business following the sale and continued to play an active role managing the business after the transaction.

Read full article