Monthly Archives: May 2015

Multistate Tax Update — May 28, 2015

Washington: Gov. Inslee proposes controversial—and perhaps unconstitutional—seven percent tax on some capital gains

By law, the governor of Washington is required to propose a biennial budget in December, the month before the legislature convenes in regular session. With his state facing an “enormous budget challenge,” Gov. Jay Robert Inslee proposed a $39 billion budget plan hoping to spur the state’s slow but steady recovery from the worst recession since World War II.

Gov. Inslee’s proposal incorporates tax and revenue changes that are projected to raise about $1.4 billion during the 2015-17 biennium. A controversial component, which is expected to raise $798 million in fiscal year 2017, is a new seven percent capital gains tax on the sale of stocks, bonds, and other assets. This tax would apply to earnings above $25,000 for individuals and $50,000 for joint filers, starting in the second year of the biennium. Because it taxes investment income, it would have the greatest impact on Washington’s wealthiest taxpayers by increasing their effective state tax rates. The proposal exempts capital gains earned on retirement accounts, homes, farms, and forestry.

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ILN Today Post

HOWARD & HOWARD EXPANDS ROYAL OAK OFFICE; WELCOMES VINCENT C. ILAGAN

Ilagan-PhotoRoyal Oak, Michigan, May 27, 2015: Howard & Howard Attorneys PLLC is pleased to announce that Vincent C. Ilagan has joined the firm. He will practice out of the firm’s Royal Oak Office.

Mr. Ilagan offers over 14 years of diversified experience representing domestic and international clients in various intellectual property matters.  While he handles all aspects of intellectual property to help clients grow their businesses, his practice is mainly focused on procuring patents, conducting due diligence reviews and providing litigation support in a broad range of mechanical engineering technologies.  More…

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Alberta Court of Appeal Explores Boundary Between Faulty Workmanship and Resulting Damage

By Carmen Tham and R. Glen Boswall

In the recent case of Ledcor Construction Limited v. Northbridge Indemnity Insurance Company, the Alberta Court of Appeal was asked to decide whether an “All Risks” property insurance policy covered damage caused by one trade contractor improperly cleaning windows provided by another trade.  In particular, the issue was whether the window damage was excluded as “poor workmanship” or covered as “resulting damage.”

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Many Leave Families with No Inheritance Due to Wills

Millions of Britons could face a legal dilemma due to their loved ones not leaving a will according to research carried out by Macmillan Cancer Support.

According to their report, six out of ten stated that they had lost a loved one to find that they had not written a will with no clear indication of how the estate should be divided. A fifth of all respondents to the survey found that such issues led to a family dispute.

The most common reason for those not leaving a will was due to never getting around to do so, with one in three admitting that they promised something in their will but never granted it. Such actions, along with never having a will in place is one of the most common reasons for family disputes.

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A “Mixed Bag” from SCOTUS – Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter

In a unanimous decision announced this morning, the U.S. Supreme Court, in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, 2015 BL 163948, U.S., No. 12-1497, 5/26/15, ruled that the Wartime Suspension of Limitations Act (“WSLA”) applied only to criminal charges and not underlying civil claims in times of war. Thus, the WSLA – which suspends the statute of limitations when the offense is committed against the Government – cannot be used to extend the statute of limitations in cases such as those brought under the False Claims Act (“FCA”). This ruling reversed a decision of the Fourth Circuit which had previously held that WSLA applied to both criminal and civil claims.

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The Real Impact of Counterfeiting

Counterfeit StampA group of luxury brand makers including Gucci, Balenciaga, Yves St. Laurent, and other brands owned by Paris-based Kering SA, recently sued on-line retail giant Alibaba, claiming that the company had knowingly made it possible for counterfeiters to sell their wares throughout the world.  Why should we care about counterfeit goods?  Those luxury brand companies have so much money, they’re not really hurting.  If you can score genuine looking merchandise for a cheaper price, you’re just a savvy shopper, you’re not really hurting anyone, right?  WRONG.

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Rainmaking Recommendation from Jaimie Field: How to Destroy Your Reputation This Summer

I’m bringing you Jaimie Field‘s latest Rainmaking Recommendation a week after she originally posted it, but at just the right time – as we’re getting ready to kick off our Annual Meeting here in Sicily! Not only does it help me offer you some content while I’m out of the office, but it also provides some solid advice to those getting ready to enjoy a few cocktails by the seaside in Taormina (though I must say, my delegates are very well behaved generally!).

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Can you believe that we are almost at the unofficial start of the summer?  Memorial Day is coming up and with it, lots of summertime parties, industry conventions and business events.

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Health Care Industry: OSHA Is Quietly Gunning for You – Is Your Workplace Ready?

On April 2, 2015, Thomas Galassi, Director of the Directorate of Enforcement for OSHA, sent a memorandum to all Regional Directors announcing that the agency’s National Emphasis Program on Nursing and Residential Care Facilities would be extended until replaced by updated guidance or removed by the agency.  Mr. Galassi went on to state that, because the health care industry reports more work-related injuries and illnesses than any other general industry,

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ILN Today Post

India: Regulatory Alerts

Foreign Exchange Management Act:

Card Payments – Relaxation: The Reserve Bank of India has, in terms of its notification no. DPSS.CO.PD.No.2163/02.14.003/2014-2015 of May 14, 2015, relaxed the requirement of additional factor of authentication (AFA) for contactless card (card present) transactions only for a maximum value of Rs. 2,000 per transaction. Beyond this transaction limit, the card has to be processed as a contact payment and authentication with PIN (AFA) will be mandatory. This relaxation does not apply to ATM transactions irrespective of the transaction value, and card not present transactions (CNP). Full text of the notification can be found here.

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EARTH WIND & FIRE vs. THE EARTH WIND & FIRE EXPERIENCE featuring the Al McKay All Stars

Music industryDo you remember the song “September” ? Do you also remember the band behind the song? Yes… it is the famous US band EARTH WIND & FIRE. Why I am asking this? Thanks to the IP team of the Austrian law firm Brauneis Klauser Prändl (bkp) led by Martin Reinisch, this band just achieved a retroactive cancellation of the Austrian trademark “THE EARTH WIND & FIRE EXPERIENCE featuring the Al McKay All Stars”. Why is this so significant? The effect of the successful trademark cancellation goes well beyond Austria, as the deleted Austrian trademark served as basis trademark for an identical international mark with protection in more than 10 countries. Are you interested? Let’s start at the beginning…

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