Monthly Archives: December 2014

David Austin quoted in Business in Vancouver

David Austin was quoted in the December 4, 2014 edition of Business in Vancouver, “Independent producers add private juice to BC’s public power grid”. In the article, David discusses the financial risks of independent power producers.

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The Government of India, on Wednesday December 10, approved amendments to the Electricity Act, 2003 in terms of the amendment bill proposed by the Ministry of Power.

The Ministry of Power had sometime in October 2014 circulated the draft amendments to concerned administrative authorities including the Central Electricity Authority, the Central Electricity Regulatory Commission, and State power generation and transmission utilities for their comments. The proposed amendments are substantially with respect to distribution and supply of electricity by seeking a separation of distribution and supply functions and activities within a specified period, to meet the Government’s objective of allowing consumers to select a power supply company of their choice. Presently, distribution companies while managing the distribution infrastructure to different categories of consumers also act as suppliers of electricity. The draft amendments also seek to impose stiffer penalties for non-compliance with directions of the State and Regional Load Despatch Centres or other orders or directions passed pursuant to the Electricity Act, 2003.

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Multistate Tax Update — December 11, 2014

At the end of Jan. 2014, Florida Gov. Rick Scott released his It’s Your Money Tax Cut Budget for fiscal year 2014-2015. As he repeated when he unveiled his budget, Gov. Scott’s tenure has focused on cutting taxes, reducing spending, and reducing debt. It is, therefore, not surprising that there are already three pre-filed bills related to tax reductions—SB 110, SB 140, and SB 138—for consideration in Florida’s 2015 legislative session only one month after he was reelected in the November midterms.

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Healthcare Alert: Proposed rule would allow more physicians to participate in multiple ACOs

On Dec. 1, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would revise the Medicare Shared Savings Program (MSSP) regulations relating to accountable care organizations (ACOs). These proposed changes were published in the Dec. 8, 2014 Federal Register and include changes that would provide increased flexibility for physician practices in various specialties to participate in multiple ACOs.

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Nicholas J. Krnjevic quoted in The Lawyers Weekly

December 10, 2014 — “Quebec appeal court upholds $4.1 million claim by bailiff firm”, an article in the December 5 issue ofThe Lawyers Weekly, features comments and explanations by Nicholas J. Krnjevic. The article discusses Continental Casualty Company c. Taillefer, a recent decision from the Quebec Court of Appeal in a complex case related to the scope and interpretation of a professional liability insurance policy.

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The Court of Appeal deals with the nature of the insured’s obligation to mitigate damages and the insurer’s duty to advise the insured

The Court of Appeal discussed the nature of the insureds’ obligation to mitigate their damages when their building is damaged by water infiltration and the insurer’s obligation to advise the insureds in these circumstances.

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Nature or Nurture? Advertising, Toys, Sexist Stereotypes, and Destiny

Maxine NeuhauserIn the midst of the holiday buying season, let’s take a moment to reflect on the influence of advertising on our gift-buying choices and the potential impact that those choices have on our children. We are well versed in the power of advertising in enforcing stereotypes in our culture and on ourselves. Last month, NPR aired a segment that offered striking evidence of how much that might matter.

The NPR segment reported on how advertising in the early days of personal computers, which were marketed by companies such as Radio Shack and Commodore, effectively shut the door on girls entering computer science by targeting the new product as a toy for boys, much like erector sets.  Pitching personal computers to boys gave them a significant head start in learning computing and coding. Girls, on the other hand, did not grow up coding because personal computers were not marketed to them. As a result, by the time that boys entered college, those considering a computer science major already had a significant base of knowledge.   The boys’ baseline then came to be the standard expected by professors.  Girls who had a similar interest in computer science entered college with a knowledge base far behind that of boys; as a result, most girls abandoned computer science for other degrees before really even getting started. From there, the male computer nerd/genius stereotype took off and took hold. This is despite the fact that women led the field until 1984. 

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Elisabeth Laroche successfully represents two insurers

Elisabeth Laroche recently won two cases where she was defending insurers against claims.

In the first case, the plaintiff had hurt his hand while using a saw at his home. He was claiming over $1.4M, including $1M in punitive damages, under an accident insurance policy. The policy required that the “loss of function [be] continuous for twelve (12) consecutive months”, whereas the plaintiff had filed his claim barely two months after the accident. The Court pointed out that the plaintiff was not covered by a disability insurance and that he had not proven that he had sustained a damage as described by his accident policy. It also concluded that the insurer’s failure to pay an indemnity soon as the accident occurred was not an act of bad faith, and thereby denied the claim for punitive damages.

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Dialogues on Diversity: A new speaker series for senior leadership (Richik Sarkar)

Richik Sarkar will moderate the fourth program in the new series, Dialogues on Diversity by The Commission on Economic Inclusion and the Cleveland Metropolitan Bar Association (CMBA), on December 10, 2014 from 5:00 to 6:00 p.m., with a reception to follow at the CMBA offices, 1375 East 9th Street, One Cleveland Center.

This program features a panel of five distinguished General Counsels from area organizations and businesses:

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ILN Today Post

Dej-Udom & Associates Business and Legal Update

Countdown 2015

ASEAN Economic Community

ASEAN Safe School Initiative

This month, the ASEAN member states launched the ASEAN Safe School Initiative (ASSI) Phase II. The initiative’s goal is to strengthen collaboration among the member states so they will continue to build safer schools and strengthen education services so children will be more resilient to disasters. In Southeast Asia, over 100 million children live in areas prone to disasters caused by natural hazards. 14,500 schools in the ASEAN region were fully or partially damaged by natural disasters over the last five years. More…

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