Monthly Archives: May 2015

McDonald Hopkins Government Strategies Advisory: This Week in Washington — May 22, 2015

Short-term transportation fix

Before leaving town for the Memorial Day recess, the House passed a short-term transportation patch – and the Senate is expected to do the same before they leave as well. The bill, which passed 387-35 in the House, will extend the program for two months. Without the patch, the highway trust fund would have expired.

President Barack Obama indicated that he will sign the short-term extension even if he would prefer a long-term solution.

The traditional source of transportation funding has been revenue from the 18.4-cent-per-gallon federal gas tax. The tax has not been increased since 1993, however, and improvements in auto fuel efficiency have sapped its purchasing power.

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Media interviews David Austin

Various media outlets interviewed David Austin on the Lax Kw’alaams rejection of a $1.1-billion cash and land offer to support Petronas’ $11-billion LNG project in Prince Rupert. Should the project move forward against the First Nation’s wishes, “it would be a very complex case. Would an LNG developer be patient while it was winding its way through the courts, or would it seek alternatives in another part of the world?” asks David. Learn more about this “$36-billion question.” David also says “The devil is in the details, but risk is definitely being allocated to taxpayers,” in an article by The Globe and Mail.

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Does a Person with a Medical Condition Affecting His Mind Have the Mental Capacity to Make a Will?

One of the grounds for challenging the validity of a Will is that the person who made the Will did not have the mental capacity to understand his actions.  With an aging population and higher rates of medical conditions, such as Dementia and Alzheimer’s Disease, which may affect a person’s memory and other mental functions, questions about testamentary capacity arise more frequently.

In a recent case Bull Estate v. Bull, the Supreme Court of BC provided further guidance on the issue of testamentary capacity. In Bull Estate, the deceased made a Will in 2010 leaving more assets to her daughter than her son. The deceased died in September 2012. Her son challenged the Will on the basis that, amongst other things, the deceased’s progressive dementia made her incapable of making the Will.

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Marks & Spencer on kuum!

Marks & Spencer teatas 661 miljoni naelasest kasumist märtsis lõppenud finantsaastal, mis on 6,1% rohkem kui eelmisel aastal. Tähelepanuväärne on, et Briti suurim rõivakauplus on teenib täna enim raha pisikeste kodulähedaste toidupoodidega. Trend meiegi jaoks?

Risto Vahimets
partner
Tark Grunte Sutkiene

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ILN Today Post

MARK MY WORDS: PROTECTION OF ATHLETES’ NICKNAMES & CATCHPHRASES IN THE U.S.

This article was first written for and published by LawInSport on 7 May 2015. View the original article.

During a pre-Super Bowl interview on January 27, Marshawn Lynch wore a hat featuring his “Beast Mode” logo. By the next day, the hats were completely sold out. In December, Anthony Davis’ trademark application for FEAR THE BROW® was granted registration. Ryan Lochte’s trademark application for JEAH™ has been approved for registration pending proof of use. It seems that nowadays, every JOHNNY FOOTBALL™ or Bill Rafferty runs, jumps, passes and kicks their way to the Trademark Office. More…

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ILN Today Post

recop electronic gmbh: Investorenprozess hat begonnen

Gut einen Monat nach dem Antrag auf Eröffnung des Insolvenzverfahrens läuft der Geschäftsbetrieb des Kasseler Anlagenbauers recop electronic gmbh stabil, Kunden und Lieferanten unterstützen den Sanierungskurs. Unterdessen hat die Suche nach einem Investor begonnen.

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Internal Whistleblower Complaints Raise Important Considerations

The number of whistleblower complaints is on the rise, according to the 2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program, and defending against them can be costly and disrupt business operations. Taking appropriate steps in response to internal complaints can go a long way toward minimizing the risk that the issue becomes an external dispute at OSHA or in court.

MP900175557-300x201[1]Understanding the Objectives A prompt investigation and an understanding of the objectives of the investigation are paramount. Employers should decide, for example, whether the goal is to create a factual record, prepare an investigative report addressing a particular inquiry or legal consideration, provide a basis for decision making, or serve as a defense in anticipated litigation—or any combination of these objectives. These considerations will determine whether the investigation should be undertaken by a non-attorney or by corporate counsel or outside counsel, or both. For example, if the goal is simply to correct a problem internally, perhaps corporate counsel is appropriate. If, on the other hand, there is a high likelihood that the employee’s complaint will lead to full-blown litigation, outside counsel may be more appropriate. In addition, employers must have a basic understanding of the privileges afforded to attorney work product and attorney-client communications. This is because the choice of investigator can impact whether, and to what extent, these privileges apply to the information adduced during the investigation, which, in turn, will determine whether such information will be protected from disclosure to third parties.

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Multistate Tax Update — May 21, 2015

On Monday, the U.S. Supreme Court released its decision in Comptroller v. Wynne, in which it considered the constitutionality of Maryland’s personal income tax on state residents. Maryland’s law provides for both a state and county income tax, but when a resident earns income – and pays tax on that income – in another state, the law only allows for a credit against the resident’s state tax liability, not the county tax liability. The court concluded this double taxation scheme, in which income earned outside the state is taxed twice, first by the state in which it’s earned and then by Maryland, amounts to unlawful discrimination against interstate commerce.

Justice Alito wrote the 5-4 decision, and Chief Justice Roberts, and Justices Kennedy, Breyer and Sotomayor joined.

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Business in Vancouver interviewed David Austin

Business in Vancouver interviewed David Austin on the Lax Kw’alaams rejection of a $1.1-billion cash and land offer to support Petronas’ $11-billion LNG project in Prince Rupert. Should the project move forward against the First Nation’s wishes, “it would be a very complex case. Would an LNG developer be patient while it was winding its way through the courts, or would it seek alternatives in another part of the world?” asks David. Learn more about this “$36-billion question.”

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Evidence Mounts on the Benefits for Children of Working Mothers

Maxine NeuhauserI have long felt that the debate over working mothers versus stay-at-home moms is largely fueled by a desire to perpetuate perceived (though not necessarily actual) cultural norms. Why should we feel guilty about working? Many women work outside the home because they must, but the truth is that necessity does not equate to reluctance.

Many of us want to work and feel that doing so benefits not just ourselves, but our families. And The New York Times recently reported on a study of 50,000 adults in 25 countries that backs us up.  The study showed that having a working mother yielded “economic, educational and social benefits for children of both sexes.” This is great news for women who must work and also for those who choose to do so.

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