Monthly Archives: August 2015

McDonald Hopkins Government Strategies Advisory: This Week in Washington — August 21, 2015

Editors Note: With Congress out of session for the August recess, we present an abbreviated “This Week in Washington.”

Obama takes on natural gas

President Obama’s aggressive climate change plan has a new target: the natural gas industry.

On Tuesday, the White House proposed new rules limiting emissions of methane and other pollutants from the oil and natural gas industry, part of a strategy to cut methane emissions by up to 45 percent of 2012 levels by 2025. The rules — which will only apply to new and modified gas wells — are meant to address a harmful byproduct of the natural gas boom.

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Welcome partner Jim Schmidt

Clark Wilson would like to warmly welcome Jim Schmidt as a partner with our Business Litigation group. Jim brings a wealth of experience in commercial disputes and arbitrations. We are pleased to have him join our team.

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ILN Today Post

BEIRNE, MAYNARD & PARSONS PARTNER SCOTT MARRS COMMENTS ON TARGET CORP. DATA BREACH AGREEMENT

Beirne, Maynard & Parsons partner Scott Marrs was quoted in a Law360 article regarding the agreement by Target Corp. and Visa Inc. to reimburse card issuers for costs arising from Target’s 2013 cyber breach. Marrs commented that the agreement reached will serve as a “barometer for future cyber breach settlements.” To view the full article, access the below pdf.

PDF FileTarget Sets High Bar For Data Breach Deals In Visa Pact

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Part 1: FTC Updates Answers to FAQs About Endorsement Guides

The Federal Trade Commission (FTC) recently updated its answers to a series of frequently asked questions (New FAQs) about its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides). The updated FAQs are further proof that endorsements and testimonials are once again on the FTC’s radar, and marketers and their agencies should expect an increase in enforcement over the upcoming months.

This summer, Allison Fitzpatrick, Advertising, Marketing & Promotions Partner, and I co-authored an alert on the FTC’s updated answers to FAQs about endorsement guides. Given the long-awaited guidance, I wanted to share with you its potential impact. In the next coming weeks, I will be addressing the following affected areas: Social Media, Likes, Pins, and Posts, … Continue Reading

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ILN Today Post

49 Lewis Rice Attorneys Named inThe Best Lawyers in America® 2016

Lewis Rice is pleased to announce that 49 of our attorneys have been named to the 2016 Best Lawyers in America® annual list. We would also like to recognize Thomas C. Erb, John M. Hessel, Frank B. Janoski, Joseph E. Martineau, Charles F. Miller, and Richard B. Walsh, Jr. as being honored as Best Lawyers’ “Lawyers of the Year” for 2016.

Best Lawyers in America® compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.

Click here to view the selections >>

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ILN Today Post

KLA sponsors New York State Bar Association Seasonal Meeting

The International Section’s Seasonal Meeting of the New York State Bar Association will be held in São Paulo, at the Renaissance Hotel, between October 14 and 17. The upcoming meeting will begin with a Plenary Session with remarks from the Brazilian and U.S. Bar Association Presidents, and include panel discussions on a variety of topics. KLA’s partner Isabel Franco, as the NYSBA’s Brazil Chapter chair is the head of the steering committee. Partners Karin Alvo and Tiago Cortez are among the meeting panelists. More…

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Use it or lose it: Government announces early closure of LDF

The UK Government has recently announced that the beneficial terms of the Liechtenstein Disclosure Facility (LDF) will cease on 31 December 2015 (the facility had previously been due to run until April 2016). The LDF is a tax disclosure process through which individuals can bring their tax affairs up to date with HMRC on favourable terms and in particular benefit from reduced penalties and full immunity from criminal prosecution.

The LDF, and a number of other current disclosure opportunities, will instead be replaced by a new “last chance” disclosure facility that will run until mid-2017 but will offer much less favourable terms. It is anticipated that the penalties imposed will be higher and there will be no guarantee of immunity from criminal prosecution.

The UK Government has also recently announced its intention to increase compliance efforts in relation to undeclared foreign assets. The introduction of this new, less favourable facility will therefore coincide with an anticipated increase in HMRC’s investigation and compliance activity in the coming years.


HMRC’s future efforts to scrutinise the tax affairs of those with potential UK tax liabilities will be greatly assisted by the introduction of a raft of information exchange initiatives (primarily focusing on financial information and tax compliance) with other countries within Europe and throughout the world.


By September 2016 HMRC is due to receive the first tranche of information relating to accounts and structures from financial institutions in the British Crown Dependencies (Jersey, Guernsey and the Isle of Man) and British Overseas Territories (Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Gibraltar, Montserrat and the Turks and Caicos Islands) via the intergovernmental agreements reached with these jurisdictions.

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Multistate Tax Update — August 20, 2015

Background

In 1992, the Supreme Court decided Quill Corp. v. North Dakota, holding that states cannot require out-of-state retailers to collect sales taxes on products they ship into those jurisdictions, absent some minimal contact or physical presence there. As Internet shopping becomes more prevalent, this rule has become increasingly burdensome on states seeking revenue.

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Business Law: Small businesses now the target of large sanctions penalties

Business Law: Small businesses now the target of large sanctions penalties

The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) enforces the nation’s sanction laws—such as those that prohibit exports to sanctioned countries or transactions involving individuals, companies, and shipping vessels on sanctions lists. The OFAC enforcement stories that make the news are often those with record-setting fines against major international companies.

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Hvilke standardvilkår må fastsættes af en brancheforening?

Der kan være mange fordele ved i en brancheforening at udforme standardvilkår, som medlemmerne kan benytte i forbindelse med indgåelse af kontrakter og afgivelse af tilbud. Men sådanne standardvilkår må ikke angå væsentlige konkurrenceparametre – det ville være en overtrædelse af konkurrenceloven.

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