Monthly Archives: January 2016

(Français) Entrevue éclair avec Me Benoît Chartier

Me Benoît Chartier est avocat en droit des assurances.

bcha

Il est le premier à s’être prêté au jeu de l’ « Entrevue éclair ». Voici donc ses réponses à nos questions:

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Robert J. Munnelly, Jr. to Present at MBA Program

On March 23, Davis Malm shareholder Robert J. Munnelly, Jr. will present at the Massachusetts Bar Association (MBA) Continuing Legal Education program, “Protecting Data 2016.” Mr. Munnelly’s presentation, “Best Practices for WISPs and Other Security Policies,” will cover aspects of WISPs (Written Information Security Programs), including why they are important as well as how and when to review them.

Mr. Munnelly practices in the Regulatory area. His data security and information privacy practice focuses on advising and working with companies to develop written plans, improve security-related polices, support compliance training, and respond to potential security breaches. He also has extensive experience with legal, regulatory, and local taxation issues faced by energy, cable television, and telecommunications companies in New England and nationally.

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ILN Today Post

Multistate Tax Update — January 21, 2016

In November 2015, the Michigan Court of Appeals reached a decision in the case Auto-Owners Insurance v. Department of Treasury holding that various cloud-computing transactions were not subject to use taxes despite the Treasury Department’s opposite conclusion. This was the last of several cases in which the courts reached a conclusion contradicting the Treasury Department’s position. (We discussed the details ofAuto-Owners in our November 19, 2015, Multistate Tax Update.)

On Jan. 11, 2016, the Treasury Department put to the bed speculation over how it would handle these losses and issued a Notice to Taxpayers that it would not continue to fight; it is giving full retroactive effect to the judicial rulings.

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ILN Today Post

Ten tactical tips to avoid tripping up in chambers: Musings of retired judge, Marion Allan

The Honourable Marion Allan is featured in the Advocate discussing ways to succeed in chamber proceedings. It is a clever and practical piece that outlines ten tips, including using affidavits effectively, dealing with objections effectively and remembering that judges are human too. Check out the full article.

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ILN Today Post

Pat Williams and Veronica Franco talk contingency funds and depreciation reports

Pat Williams and Veronica Franco are featured in today’s front page article of the Vancouver Sun talking about contingency funds and depreciation reports for strata lots. “There is no specific place to look up whether fees for a strata are sufficient,” says Veronica, and “depreciation reports have reconfirmed or acknowledged what bad shape some contingency fund reserves are in,” explains Pat. Read the full article.

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Physician Owned Labs Affiliating with Hospitals

Hospital-physician practice acquisitions represent a large segment of the very active healthcare mergers and acquisitions market, which will likely continue in 2016.[1]  In New York, an acquiring hospital often forms a new professional corporation owned by one or more hospital-based physicians to acquire the business and operations of a group physician practice in an asset purchase. The acquiring hospital will be able to exercise a level of management and control over the new professional corporation, often referred to as a “captive PC”, through a contractual arrangement with the captive PC.  This captive PC structure is used to comply with New York’s corporate practice laws as well as to allow the group practice to continue operations as a separate entity but with close business ties to the hospital, e.g. with respect to participation in the hospital’s managed care contractual arrangements and access to other resources of the hospital system. 

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Rainmaking Recommendation from Jaimie Field: The Top 5 Excuses for Not Becoming a Rainmaker

I’m a big fan of today’s post from rainmaking expert and coach, Jaimie Field, who talks about the disease of “excusitis” – are any of the reasons she cites below holding you back from becoming a rainmaker?

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A deadly disease is plaguing your legal practice.  It’s called “Excusitis”.

Excusitis occurs when you come up with the various reasons why you cannot do something.  Here’s the rub – no matter what excuse you may have, someone has already debunked it. 

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New York Cracks Down on Advertising’s Bad Apples

“Advertising and marketing cannot be used as a tool to confuse and endanger New York consumers.” – New York Attorney General Eric Schneiderman, April 2015

When you think about police work in the city of New York, you’re likely to think about officers patrolling the streets – not the billboards above it.  The fact is, however, that just as the city works to prevent violent crime, it also devotes law enforcement resources to ensuring that advertising and marketing in the city is not deceptive or otherwise in violation of the law.

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ILN Today Post

Michael Lozoff and Dr. Bruce Trotman remember Martin Luther King, Jr. during Miami office event

Michael Lozoff, a partner in the Miami office, remembers the day he felt a strong sense of injustice while in college. He had invited his black friend to eat lunch when his friend declined because they wouldn’t serve him or any person of color at the campus cafe. That event led Michael to spend much of his youth organizing communities and working in the civil rights movement.

Michael recounted this and other stories from his experience with the civil rights movement at a Martin Luther King, Jr.  remembrance event hosted last Friday at the firm’s Miami office. Miami Partner in Charge Frank Rodriguez said in his opening remarks that “this room would have looked very different in April of 1968. There’s a lot of diversity in this room and that’s in part attributed to Dr. King’s legacy.”

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Christopher J. Marino Elevated to Shareholder

Davis Malm is pleased to announce that Christopher J. Marino has been elevated to shareholder, effective January 1, 2016.

Mr. Marino concentrates his litigation practice on shareholder disputes, corporate governance, securities, real estate, construction and development, employment relations, contracts, and insurance coverage disputes. He also advises clients on general business matters, including business formation, contract negotiation, and employment matters. Mr. Marino was named a Massachusetts Super Lawyers Rising Star from 2008-2015. He is an active member of the Boston Bar Association and serves as a Trustee for the Lupus Foundation of New England. 

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