Monthly Archives: March 2015

ILN Today Post

Business Restructuring and Bankruptcy Special Report: Ohio’s receivership laws receive dramatic changes

For the first time in 60 years, the state of Ohio has new receivership statutes, effective March 23, 2015. The revised receivership rules act to clarify existing law, and substantially reform and define the powers of a receiver.

Specifically, on January 30, 2013, H.B. No. 9 was introduced to the 130th Ohio General Assembly. H.B. No. 9 proposed amendments to Sections 2333.22, 2715.21, 2735.02 and 2735.04 of the Ohio Revised Code to add to and clarify the powers of a court-appointed receiver, and provide new procedures for the sale of real property by a receiver free and clear of existing liens, claims, and interests. On December 14, 2014, the Governor of the State of Ohio signed H.B. No. 9 into law. This special report provides a summary of the most significant provisions of the new receivership laws.

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Medicare Chronic Care Management: Billing, Compliance, and Implementation Issues (Hindmand)

McDonald Hopkins attorney Rick Hindmand was a panelist for the AHLA’s webinar “Medicare Chronic Care Management: Billing, Compliance, and Implementation Issues,” on March 24, 2015. This program examined Medicare policies for billing under new the Chronic Care Management (CCM) codes along with related implementation and compliance challenges.

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Lauren Liang presents to CHOA for their Spring 2015 Seminars

Tonight at the Vancouver Public Library, Lauren Liang is presenting to the Condominium Home Owners Association of BC (CHOA) for their Spring 2015 strata education program. Lauren will discuss all aspects of the fees and costs that strata corporations may collect and the collection tools available.

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ILN Today Post

Pat Williams and Veronica Franco at CLE Strata Property Update

Pat Williams is chairing and also speaking along with Veronica Franco at the Continuing Legal Education Society of BC Strata Property Update, taking place today at the Pan Pacific Hotel. They are speaking on the subjects of council meetings, special general meetings and council’s duty to enforce bylaws.

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Limitations Period For Bringing Discrimination and Retaliation Claims May Be Contractually Shortened

E. Jason TremblayE. Jason Tremblay

A recent case from the Northern District of Illinois, Lugihibl v. Fifth Third Bank (Case No. 13 CV 7193, March 16, 2015, Kennelly, M.), held that Title VII and ADEA limitations periods can be contractually shortened under certain circumstances, despite the general 300-day limitations to bring such claims in Illinois.

In Lugihibl, a bank employee brought sex and age discrimination and retaliation claims against his employer after he was discharged. While the discharged employee filed his EEOC charge within the 300-day period allowed in Illinois, he filed it after the six-month (or 180-day) period that he contractually agreed to in his incentive compensation agreement for bringing such claims. Specifically, the incentive compensation agreement stated that the employee would not commence an employment-related action “[m]ore than six months after the termination of Employee’s employment, if the action or suit is related to the termination of Employee’s employment,” or “[m]ore than six months after the event or occurrence on which Employee’s claim is based, if the action or suit is based on an event or occurrence other than the termination of Employee’s employment.” The discharged employee also contractually agreed to waive any statute of limitations periods that were contrary to this position.

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NLRB Extends “Specialty Healthcare” to Acute Care Hospitals: Carves Unit into Multiple Smaller Pieces

My colleague Barry A. Guryan published a Health Employment And Labor (HEAL) blog post that will be of interest to many of our readers: “NLRB Extends “Specialty Healthcare” to Acute Care Hospitals: Carves Unit into Multiple Smaller Pieces.”

Following is an excerpt:

Ever since 1974, when the NLRB(“Board”) first took jurisdiction over health care institutions, the Board has paid particular attention to the impact of union organizing on the delivery of healthcare in this industry in general  and of acute care hospitals in particular.  When the Act was first amended in 1974, it stated its objective at that time was to avoid a “proliferation of bargaining units” as one method to limit the inevitable disruption created by numerous elections and negotiations while at the same time balancing employee’s opportunity to exercise its Section 7 rights to organize and collectively bargain.

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ILN Today Post

Blind Invention

Prior user under s 7 Patents Act 1990 (C’th) will not invalidate a patent if the act did not actually make publicly available all the relevant information necessary to disclose all the essential integers of the impugned claims, according to the Federal Court in a decision handed down 13 March 2015: Damorgold Pty Ltd v JAI Products Pty Ltd [2015] FCAFC 31.

The Full Federal Court has made it clear that prior user attacks cannot rely merely on whatcould have happened, only on what did happen.

The case involved a patent for a spring assisted blind mechanism – a type of roller blind. At trial a number of the claims were struck down for lack of novelty based on prior user, the evidence in relation to which was that (paras [18], [35]): More…

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Ted Goloff honoured by the Lord Reading Law Society

March 23, 2015 — Theodore Goloff, from our Labour and Employment Law Group, has been selected by the Lord Reading Law Society as the recipient of its Past Presidents’ Medal.

The Medal was created in 1998, to be awarded from time to time to a member or former member of the Society “who has achieved excellence in the legal profession, who has made a significant contribution of service to the community and who embodies the highest ethical standards”.

Ted will be receiving the award on June 16, on the occasion of the Society’s Annual Human Rights Lecture.

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Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Conciliation 2015/3/20 21:39:02

The UN Commission on International Trade Law (“UNCITRAL”) held its 47th session in New York on 7-18 July 2014 and the Author had the privilege of attending the conference at invitation of Mr. Yu Jianlong, President of the Asia Pacific Regional Arbitration Group (“APRAG”). During the conference, the U.S. Government submitted a proposal suggesting Working Group II (Arbitration and Conciliation) of UNCITRAL (“Working Group II”) to develop a multilateral convention with respect of the enforceability of international commercial settlement agreements reached through conciliation (“Enforceability Convention”) for the purpose of encouraging the use of conciliation in resolving international commercial disputes.

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ICC and CIETAC Arbitration Practice Comparison — Case Study Note 1 2015/3/20 21:37:13

One of the most important negotiated points by parties in contract negotiations is the dispute resolution clause. If parties agree on arbitration, they often negotiate which arbitration institution or arbitration rules will apply in resolving potential disputes.

Over the past ten years, there has been an increase in various activities by arbitration institutions around the world to compete for influence in international dispute resolution. Undoubtedly, each arbitration institution has its own characteristics and parties will always have their own preferences. However, some have posited that there is a general trend of convergence among different arbitration institutions in terms of practices and rules. If true, such a convergence would hopefully make the selection of arbitration institutions and arbitration rules less of a critical and contested issue for parties in contracts negotiations. 

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