Monthly Archives: September 2014

A Committee’s Duty to Foster the Independence of the Patient

A committee is a person or entity appointed by the Court to make decisions on behalf of an adult that is not capable of making his or her own decisions about health care and personal affairs and/or financial and legal affairs (the incapable adult is called the “patient”).  On December 1, 2014, section 18(2) of the Patients Property Act will become law and impose additional statutory duties on committees.  That section will read as follows:

18 (2)  A committee must, to the extent reasonable, foster the independence of the patient and encourage the patient’s involvement in any decision making that affects the patient.

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In re Kellogg Brown & Root Update

An update from our colleague Stuart Gerson.

In this blog and subsequently in an article on the subject under the aegis  of the American Health Lawyers Association that can be found at http://www.lexology.com/library/detail.aspx?g=b68c51ae-2bdb-490e-ac3d-02c351a19310 EBG analyzed the DC Circuit’s decision  in  In re Kellogg Brown & Root, 2014 U.S. App. LEXIS 12115 (D.C. Cir. 2014).  The DC Circuit’s holding reinforces the protections established by the Supreme Court 30 years ago in Upjohn Co. v. United States, 449 U.S. 383 (1981), that afford privilege to confidential employee communications made during a corporation’s internal investigation led by company lawyers. 

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Andra Rubene on involving security service companies in dispute resolution, „Dienas Bizness”

In connection with the article “Security guards in gun-ports in business battles” published in the 3 September 2014 special section “Legal Services” of the business newspaper “Dienas Bizness”, Andra Rubene, Partner and Head of Mergers & Acquisitions Practice Group in Latvia, expresses her opinion. 

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ILN Today Post

Lefèvre Pelletier & associés Avocats retained as counsel to the African Development Bank for the structuration and creation of AFRICA50

In 2012, African Heads of States in their Declaration on the Program for Infrastructure Development in Africa (PIDA) called for innovative solutions to facilitate and accelerate infrastructure delivery in Africa. In response, and after broad consultations with African stakeholders, the African Development Bank (AfDB) has proposed the establishment of a new delivery vehicle called AFRICA50 More…

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Multistate Tax Update — September 4, 2014

Much has been said about having the home court advantage. There are many disadvantages to being the away team as an athlete, but paying the home jurisdiction’s tax bill is probably not the first that comes to mind. Taxes for visiting athletes, or so called “jock taxes,” assess tax on income earned by nonresident athletes when they play or perform in another taxing jurisdiction. In general, these taxes are not all that different than the taxes assessed on all nonresident taxpayers. However, as was mentioned in Part I of this series, such nonresident taxes arguably impact athletes more heavily than taxpayers in other professions because athletes frequently travel to perform in numerous taxing jurisdictions, are highly compensated, and are easily identifiable when they perform in a particular taxing jurisdiction.

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Multistate Tax Update — September 4, 2014

Much has been said about having the home court advantage. There are many disadvantages to being the away team as an athlete, but paying the home jurisdiction’s tax bill is probably not the first that comes to mind. Taxes for visiting athletes, or so called “jock taxes,” assess tax on income earned by nonresident athletes when they play or perform in another taxing jurisdiction. In general, these taxes are not all that different than the taxes assessed on all nonresident taxpayers. However, as was mentioned in Part I of this series, such nonresident taxes arguably impact athletes more heavily than taxpayers in other professions because athletes frequently travel to perform in numerous taxing jurisdictions, are highly compensated, and are easily identifiable when they perform in a particular taxing jurisdiction.

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Change and Transformation

Huijun Ma and Jiong Zhang of Zhong Lun Law Firm explain the laws and challenges of real estate & construction in the PRC, the investment and financing methods for real estate projects and the progress of REIT rules

More…

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The challenges of private capital

Jihong Wang and Zejun Lin of Zhong Lun Law Offices analyse the legal challenges created by using private capital to invest in infrastructure development, both in China and by Chinese enterprises looking outbound

More…

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ILN Today Post

HOWARD & HOWARD CONGRATULATES ATTORNEY JOSEPH B. HEMKER ON RECEIVING WMU’S FINANCE AND COMMERCIAL LAW OUTSTANDING ALUMNI AWARD

Royal Oak, Michigan, September 3, 2014:  Howard & Howard Attorneys PLLC is pleased to announce that attorney Joseph B. Hemker received the Western Michigan University’s Haworth College of Business Finance and Commercial Law Outstanding Alumni Award.  This award is given annually and is the highest alumni honor that the department can bestow. The award recognizes career accomplishments and business leadership by an alumnus in the department’s discipline area (finance and/or law). “The WMU Department of Finance and Commercial Law Awards Committee has carefully evaluated the candidates for this important award and came to the conclusion that Mr. Hemker was certainly the best choice. From his career accomplishments to the excellent service he has provided to our university for many years, he is a shining example of all a Haworth College of Business alumnus can achieve. He gives career advice to finance and commercial law students and has been an excellent source of information on mergers and acquisitions during our student competitions. He is currently a member of the Dean’s Advisory Council of our college and is also a member and past president of the Board of Directors of the WMU Foundation. Mr. Hemker is an outstanding alumnus and an inspiration to all of our students.” – Dr. Devrim Yaman, Chair, Western Michigan University Department of Finance and Commercial Law. More…

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Rainmaking Recommendation from Jaimie Field: The Curse of Legalese

We had a surprise rainstorm last night, so it’s only fitting that we have a rainmaking recommendation from rainmaking expert and coach, Jaimie Field.

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2014 and still many attorneys are writing in “legalese”.

I have personally seen and edited blog posts, client communications and newsletters which are geared to the non-legal public in which phrases such as “heretofore”, “wherein”, and the like have been liberally sprinkled throughout.

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