Monthly Archives: August 2014

ILN Success in Latin American Privacy Laws Consultation

Some of the ILN’s greatest success stories are seen when multiple member firms coordinate and collaborate to service each others’ clients. The most recent example of this occurred when the ILN’s member in Missouri, Lewis, Rice & Fingersh, L.C. required a consultation with a number of Latin American jurisdictions regarding privacy laws. Together with Alan Griffiths, the ILN’s Executive Director, Luis Lavalle Moreno of Martinez, Algaba, De Haro, Curiel y Galvan-Duque, S.C. of Mexico spearheaded the effort.

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State of the Creative Series: Interview with the Chief Creative Officer at GREY

Continuing with the series on the “State of the Creative,” we reached out Chief Creative Officers at some of the world’s leading ad agencies on: What it means to be a creative in today’s world? How many “legs” does an idea have to have when advertisers and marketers are targeting various demographics, each using multiple media devices and social media platforms? And does having all that data mean you or anyone else knows how to use it?

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Multistate Tax Update — August 7, 2014

On July 29, 2014, Illinois Gov. Pat Quinn signed Illinois H.B. 3816—the Tax for Education Referendum Act—which requires that Illinois voters be asked an advisory question of public policy regarding whether Illinois millionaires should pay an additional tax to provide additional funding for Illinois schools.

The following question will appear on the ballot for the general election to be held on Nov. 4, 2014:

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Attorney Nisha Patel joins McDonald Hopkins

Chicago, Illinois (August 7, 2014) – Nisha P. Patel has joined the Chicago office of McDonald Hopkins as an associate in the firm’s Business Department.

Patel joins McDonald Hopkins after nearly five years at a Chicago-based international firm where she provided corporate, commercial, banking and finance, and investment management services for clients. Previously, she served three years as a Senior Internal Audit Consultant at Protiviti Independent Risk Consulting in Chicago.

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Multistate Tax Update — August 7, 2014

On July 29, 2014, Illinois Gov. Pat Quinn signed Illinois H.B. 3816—the Tax for Education Referendum Act—which requires that Illinois voters be asked an advisory question of public policy regarding whether Illinois millionaires should pay an additional tax to provide additional funding for Illinois schools.

The following question will appear on the ballot for the general election to be held on Nov. 4, 2014:

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Supreme Court Limits Appeals from Commercial Arbitration Awards

One of the benefits of commercial arbitration is finality.  Parties to a commercial arbitration agreement have the ability to contract out of any appeal.   The giving up of appeal rights is one of the most significant factors that a party should consider when entering into an arbitration agreement.    Many provincial arbitration acts provide that a party to an arbitration agreement may appeal the decision of the arbitrator on a question of law only and that leave to appeal must be granted.  This supervisory role of the courts was recently tested in a case – Sattva Capital Corp. v. Creston Moly Corp. 2014 S.C.C. 53 – that went all the way to the Supreme Court of Canada.
 
In this case, Creston was obliged to pay a finder’s fee to Sattva as a result of Sattva introducing Creston to an opportunity to acquire a molybdenum mining property in Mexico.  According to the agreement, the finder’s fee of US$1.5 million would be paid in Creston shares.  The dispute between the parties concerned which date should be used to determine the price of the Creston shares and thus the number of shares to which Sattva was entitled.   Sattva argued that the share price was dictated by the market price definition in the agreement, i.e. the price of the shares “as calculated on close of business day before the issuance of the press release announcing the acquisition”.  Creston claimed that the agreement’s “maximum amount” proviso meant that Sattva would receive shares on the date the fee was payable.  
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Reviewing Trends in PHI Breaches & Enforcement

By Patricia WagnerAli Lakhani and Jonathan Hoerner

On May 20, 2014, the Secretary of the Department of Health and Human Services (HHS) submitted the agency’s Annual Report to Congress on Breaches of Unsecured Protected Health Information for Calendar Years 2011 and 2012 (“Breach Report”). This report provides valuable insight for healthcare entities regarding their data security and enforcement priorities.

Section 13402(i) of the Health Information Technology for Economic and Clinical Health Act (HITECH) requires the Secretary of Health and Human Services to prepare an annual report regarding the number and nature of breaches report to HHS, as well as the actions taken in response to those breaches.

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Rainmaking Recommendation from Jaimie Field: Back to Basics

It’s the first Wednesday of the month, so you know what that means…a rainmaking recommendation from rainmaking coach and expert Jaimie Field!  Jaimie posted her 100th rainmaking post today – congratulations! – and it’s a great one on getting us back to basics.

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Wow! 100 Rainmaking Recommendations! Thank you for being a part of this journey and here’s to many more.

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As Marijuana Becomes Legal in More States, How Should Employers Handle Positive Drug Tests?

By:  Jordan Schwartz

Due to the ever changing laws surrounding the legality of marijuana, many of our hospitality clients have recently asked us whether it is lawful to terminate an employee who has tested positive for marijuana.  The answer varies greatly depending on the state in which you are located.

States continue to pass legislation legalizing marijuana use for specific purposes.  On July 5, 2014, New York became the twenty-first state along with the District of Columbia to legalize marijuana use for certain medical conditions—joining Alaska, Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont.  Two other states, Colorado and Washington, have legalized recreational marijuana use for individuals who are 21 years old or older, and Alaska and Oregon currently have similar legislation pending.

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ILN Today Post

Why Aren’t You Buying a Bank?

These transactions have happened! Both Federal and State Chartered CU’s have purchased banks. All types of banks have been purchased including: mutual banks, publicly-traded banks; healthy banks; banks with financial challenges; banks with TARP money; and many others. So far, transactions have occurred in three NCUA Regions. Transactions have been approved by the NCUA, OCC, FDIC, Federal Reserve and various state regulators. These transactions continue to be viewed favorably by the regulators and the regulators are getting more efficient and comfortable in their reviews. More…

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