Monthly Archives: September 2014

McDonald Hopkins Government Strategies Advisory: This Week in Washington — September 12, 2014

House Republicans on Tuesday unveiled details of a stopgap spending bill to keep the government operating through Dec. 11. The temporary solution includes money to fight the Ebola outbreak, reauthorizes the controversial Export-Import Bank through the end of June 2015, and extends the moratorium on taxing the Internet.

The Export-Import bank’s current authorization is set to expire on Oct. 1. And though generally supported by Democrats, conservatives led by Financial Services Committee Chairman Jeb Hensarling (R-TX) have opposed its renewal. Critics say it is a form of “crony capitalism,” that it interferes with the free market, and that it puts taxpayers on the hook for loans.

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Forskelle i tab af erhvervsevene

A, der var lastbilchauffør, var i forbindelse med sit arbejde udsat for en ulykke, hvor et lastbildæk eksploderede under oppumpningen af dækket på et værksted. Som følge af dækulykken fik A hovedpine, øresmerter og nedsat koncentrationsevne. Efter ulykken fik A konstateret en lungelidelse samt lænde- og knægener, og A blev tilkendt førtidspension. Skaden blev anerkendt som en arbejdsskade, og Arbejdsskadestyrelsen vurderede As erhvervsevnetab til 20 % efter arbejdsskadesikringsloven.

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State of the Creative Series: Interview with the CEO & CCO at StrawberryFrog

For the “State of the Creative” series, we’ve heard from Chief Creative Officer’s at: Ogilvy & Mather North America, Weber Shandwick, GREY, 360i, and R/GA.

For my final post, I turn to StrawberryFrog – a New York City Advertising Agency – to get there thoughts. Drum roll, please…

In my final post regarding the “State of the Creative,” I sat down with StrawberryFrog – a New York City Advertising Agency – to discuss the state of the creative today with the agency’s Founder and Chief Executive Officer, Scott Goodson and Chief Creative Officer, Kevin McKeon.

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D.C. Circuit: Private Settlement Unenforceable Because Plaintiffs Did Not Know They Were Entitled to Overtime

In Sarceno v. Choi, the defendants operated a supermarket in Washington D.C.  Three of the defendants had previously been sued by different employees in a proposed collective action (“the Munoz suit”) under the FLSA and other statutes.

The Munoz suit was resolved through settlement decrees approved by the District Court.

At approximately the same time they were settling the Munoz suit, the defendants presented five other employees (who performed activities similar to those of the Munoz plaintiffs) with “settlement agreements” purportedly releasing the defendants from any claims under the FLSA.  The agreements stated that a bona fide dispute existed between the parties with respect to the total hours worked and amounts due.

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Epstein Becker Green Enhances Its West Coast Health Care and Transactional Capabilities with the Addition of Paul A. Gomez

Epstein Becker Green is pleased to announce that Paul A. Gomez has joined as a Member of the Firm in the Health Care and Life Sciences and Corporate Service practices, in the Los Angeles office.  Paul’s arrival brings added strength to Epstein Becker Green’s health care practice, particularly its transactional work, on the West Coast.  His experience representing a wide array of providers complements the services that the firm provides in that area, from structuring mergers and acquisitions, joint ventures and strategic affiliations, to counseling on compliance with fraud and abuse laws, and advising on provider licensing and reimbursement matters. For further information please click here.

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Choosing trustees? Not so fast!

What is the key decision which repays very careful thought when setting up a trust or a will containing a trust?  Is it who can benefit from the trust (the beneficiaries)?  Of course, that is very important.  Or whether it is a fixed interest or a discretionary trust?  Absolutely, money in the right hands at the right time, naturally.  But I would argue that there is one matter that trumps even both of these.  No prizes for guessing (the clue is in the title!) – the No.1 spot has to go to choice of trustees.  Poor decision-making on this front can lead to big regrets all round as it is far from easy to force trustees to retire once they have accepted the position.  Read on if you require further persuasion.   
Some clients prefer to appoint family members as trustees and indeed in theory there is no problem if a trustee is also one of the beneficiaries of the trust.  The potential conflict of interest that this situation creates is tolerated under English law.  However, just because it’s possible doesn’t mean it’s good!  The skills and personalities of the family members must be honestly considered.  For example, if one child shows no interest in managing money or another likes to lord it over his siblings, trouble can ensue if parents appoint them as trustees.
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Multistate Tax Update — September 11, 2014

Taxing professional athletes presents unique issues and creates opportunities for revenue officials due to the visibility of professional sports. In Part I, we discussed taxing resident athletes, while Part II, focused on the issues surrounding taxing nonresident athletes. Taxation of the same income by a taxpayer’s resident state and non-resident states can lead to concerns about double taxation on the same income.

Fortunately, most states generally provide for a system of resident credits and reciprocity agreements to diminish the effects of taxing the same income earned in nonresident jurisdictions. By claiming state tax credits and deducting expenses, athletes are able to alleviate the impact of multistate tax. The athlete faces challenges in complying with his or her multistate tax burden. Mitigating the impact of multistate taxation is critical because many states place an emphasis on enforcement. While athletes are used as an example, this same issue applies to other taxpayers working in multiple states.

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Law Professors Object to New Trade Secrets Acts Proposed in Congress

As we have previously noted, Congress this year is actively considering two bills that would create a federal private right of action for trade secret theft: The Trade Secrets Protection Act (H.R. 5233) and the Defend Trade Secrets Act (S. 2267). These bills have been spurred in large part by increased foreign cyber-espionage affecting American companies.

Although the bills have enjoyed bipartisan support in Congress and in the business community, including from the National Association of Manufacturers, last month a group of dozens of law professors in the intellectual property and trade secret fields sounded a note of caution by publishing a Letter in opposition to the two bills. While acknowledging that the United States needs to increase protection against cyber-espionage, the professors argue that the bills should be rejected for several reasons, including:

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Ontario Court of Appeal Stays Securities Class Action

In a recent discussion (Kaynes v. BP, PLC 2014 ONCA 580), the Ontario Court of Appeal stayed a proposed class action against BP, PLC for secondary market misrepresentation on the principle of forum non conveniens.  The Court concluded that while Ontario Courts had jurisdiction to hear the class action, there was another forum that was clearly more appropriate for the adjudication of the plaintiff’s claim and of the claims of foreign exchange purchasers of BP’s securities.
 
The plaintiff’s claim rose out of the Deep Water Horizon oil spill that occurred in the Gulf of Mexico in April of 2010.  The plaintiff alleged that BP made certain misrepresentations in its public disclosures, before and after the spill, related to its operations, safety programs, and the accident that impacted the price of BP’s shares.  His claim was based on part XXIII.1 of the Ontario Securities Act which provides a statutory cause of action for secondary market misrepresentation.
 
The plaintiff, a resident of Ontario, purchased his shares over the New York Stock Exchange. The proposed class included all residents of Canada who acquired BP securities between relevant dates wherever those securities were purchased.
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Shared Parental Leave to Benefit Newly Expectant Couples

Couples who are now finding out they are expecting a baby may be able to take advantage of shared parental leave. The new system provides that a pregnant woman will continue to have access to 52 weeks of maternity leave and 39 weeks of maternity pay- as under the current rules.

However, where a child is born (or placed for adoption) on or after April 5 2015, working families will be given greater flexibility to share parental leave, which will allow parents the option to spend up to six months at home together following the birth of their child.

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