Monthly Archives: February 2016

New York Considers Possible Solutions for Health Insurer Insolvencies

We recently wrote about the many failures of health insurance co-ops created under the Affordable Care Act (“ACA”), and the impact of those failures on providers and other creditors, consumers, and taxpayers.

As we described, nonprofit co-op insurers were intended to increase competition and provide less expensive coverage to consumers; however, low prices, lack of adequate government funding, restrictions on the use of federal loans for marketing, and low risk corridor payments from the Centers for Medicare & Medicaid Services created financial challenges for these insurance plans. Facing insolvency, state regulators have ordered many plans to cease offering coverage and be wound down.

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RSS, International Lawyers Network’s Firm of the Month

February 15, 2016 — The International Lawyers Network has just announced that RSS has been selected as its Firm of the Month for February/March 2016.

The ILN is an association of 91 high-quality, full-service law firms with over 5,000 lawyers world-wide. The Network provides clients with easily accessible legal services in 67 countries on six continents.

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Beskatning af fri bolig – kan dette begrænses?

Hovedaktionærer, der privat bor i en ejendom ejet af deres selskab, undergives en særlig form for beskatning. Det antages nemlig, at sådanne hovedaktionærer har en væsentlig indflydelse på egen aflønning og derfor skal undergives en særlig skærpet og objektiv beskatning. Beskatningen udmåles som en værdi på 6 % af ejendommens værdi op til 3.040.000 kr. og 8 % af værdien over 3.040.000 kr.

Det pågældende beløb medregnes i personlig indkomst. Oven i det pågældende beløb medregnes ejendomsskat, forbrug m.v.

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Think of renewing your employment contracts upon expiry!

February 15, 2016 — Three years ago, you hired a sales rep. You drew an employment agreement defining the compensation, working schedule and vacations. Since the rep was to occupy a strategic position in your company, you inserted non-competition and non-solicitation clauses into the agreement. Finally, you stated that the agreement would be limited to a three-year duration, and that its renewal would require an express agreement.

This contract expired last January 29. However, through the hustle and bustle of daily activity, no one paid attention to the fact that the contract had come to an end, and no one was surprised when the rep showed up for work on February 1 and kept doing his job through the week.

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ILN Firm of the Month – Robinson Sheppard Shapiro – Montreal, Canada!

FirmoftheMonth1

February/March 2016

The ILN is proud to announce our latest firm of the month, Robinson Sheppard Shapiro (RSS) – Montreal, Canada!

Robinson Sheppard Shapiro, a mid-size firm steeped in tradition, is located in Montreal, a city rooted in a rich cultural heritage with a unique civil law system. Founded in 1921, their firm has a long history of providing global and in depth legal advice and services in transactions and judicial proceedings alike.

Their firm’s 80 bilingual attorneys offer comprehensive multidisciplinary expertise to their diverse local, national and international clientele. The attorneys in their Insurance Law practice group and Business Law practice group (including their mergers and acquisitions, tax, finance, real estate, transportation, employment, IP and commercial litigation groups) are recognized leaders in their fields. They bring extensive knowledge, skill sets and high level strategic thinking to all legal and business matters. RSS is also home to one of Montreal’s largest and most respected Family Law practice groups. Their attorneys have been consistently recognized by peer – rating publications as being amongst Canada’s best. Their approach across all practice groups is rooted in a strong belief that valued and valuable legal counsel demands a disciplined practice of uncompromising integrity, high efficiency, practical counsel and superior expertise.

Their firm offers a blend of 21st century amenities such as a dedicated conference centre with multifunctional boardrooms and state of the art technology, uniquely balanced with a strong commitment to and sensibility towards maintaining cost-effective services, where personal relationships, a deep appreciation of and interest in their clients’ needs and global business trends, is a cornerstone of their philosophy. Being large enough to generate economies of scale, and small enough to be able to easily adapt to the ever changing business and economic needs of their clients and to deliver efficient personal services, RSS continues to deliver on its century old tradition of high quality service in all respects.

Recent Developments
Herb Pinchuk, Chair of the Business Law Practice Group, points out the steady and focused growth of the firm. “Over the past 12 months, we have engaged 15 new attorneys”. Those include:

  • Marilyn Piccini Roy, Ad. E., one of the country’s leading estates and trusts practitioners;
  • Julie Forest, labour and employment law, with expertise in entertainment law, litigation and arbitration;
  • Pierre Brossoit, construction and real estate litigation;
  • Benoît G. Bourgon, with over 35 years’ experience in litigation, with special emphasis on insurance defense matters.

Recent Matters in which the Firm was Involved
A small sample of the firm’s recent legal representation includes:

  • Counsel to a major Canadian fast food chain seeking to obtain an order of mandamus against a municipality;
  • Completion of a large number of leasing transactions involving facilities for food, restaurant, jewellery and clothing establishments and large commercial premises;
  • Continued representation of the interests of a Quebec-based real estate developer named as Master Developer of a large multi-use development project in New Haven, Connecticut;
  • Counsel to an insurer in a tobacco litigation class action suit that resulted in a $15-billion award;
  • Counsel in the $450M class action suit that followed the Lac Mégantic train derailment;
  •  Representation of the self-insured law societies (attorneys and notaries in Quebec) in the defense of malpractice cases;
  • Counsel in one of the most significant local investor fraud cases of the past decades;
  • Represented a large Quebec-based soft goods manufacturer and importer in its acquisition and restructuring of several manufacturing entities under receivership;
  • Represented the principal defendants in a province-wide product liability case;
  • Represented a beneficiary in a multi-jurisdictional international estate dispute;
  • Performed a major reorganization of an international manufacturer and distributor of health care products;
  • Represented various buyers in their acquisition and financing of large mixed use commercial complexes and industrial properties.

Herb points out that while the firm’s national and international client base continues to grow, it is deeply entrenched in the local Quebec economy, where its reputation as a first-rate, mid sized law firm is impeccable.

He is also quick to acknowledge the firm’s very beneficial, long-standing relationship with the ILN. The Network has allowed RSS attorneys to work with ILN members on many of challenging matters with a Quebec/Canadian connection and in the process, to develop some very meaningful global relationships and friendships. “The firm’s link with the ILN has been very rewarding and mutually beneficial with both inbound and outbound referrals.”

Main Contacts at Robinson Sheppard Shapiro and More…

Learn More…

Full descriptions of Robinson Sheppard Shapiro’s services, expertise, and lawyer profiles
are available on their ILN profile.

Barry Shapiro

Barry Shapiro

Email:
bhshapiro@rsslex.com

Telephone: +1 (514) 393-4021

Practice Groups: Trusts, Estates

Herb Pinchuk

Herbert Pinchuk

Email:
hzpinchuk@rsslex.com

Telephone: +1 (514) 393-4023

Practice Groups: Business

Alan Griffiths ILN Executive Director, Alan Griffiths says…

“Robinson Sheppard Shapiro values professional excellence, high quality service, and solutions-oriented advocacy, and those values come through clearly in their work and commitment as ILN members.”

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Lidings Starts a Series of Industrial Law Workshops for Students

Lidings law firm announces the launch of an educational program course at the law faculty of the Moscow State University. The course is combined of a series of special workshops dedicated to specifics of working in particular industrial spheres: pharmaceuticals, information technology, automotive and FMCG. Each industrial sector will be covered by one lecture and one practical lesson enhanced by a Case Study. The first lesson is scheduled to take place on February 17th. The final lesson and a test over the topics covered during the course will take place on March 11th. 

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(Français) Entrevue éclair avec Me Geneviève M. Griffin

Geneviève M. Griffin s’est jointe à notre équipe de droit de la famille en 2015.

ggri

Pourquoi avoir choisi le domaine dans lequel vous pratiquez? Pour l’aspect humain de la pratique et l’aide directe que je peux apporter à des gens en difficultés, et aussi pour l’aspect litige qui est très présent.

Quand vous prenez vos vacances, vous aimez? Être dépaysée, découvrir une nouvelle culture et bien manger!

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Loose Lips Sink Ships: New Liabilities Under The Affordable Care Act

Epstein Becker Green’s Peter M. Panken and Frank C. Morris, Jr. have authored a post on the Hospitality Labor and Employment Law blog entitled, “Loose Lips Sink Ships: New Liabilities Under The Affordable Care Act.” 

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ILN Today Post

Best Will for…..providing for minor children

Parents, in particular, face a bewildering choice of structure options when it comes to making provision for their children in their Wills. Often the prospect of their child inheriting a large sum of money at age 18 does not appeal. Instead, being able to delay a child taking control of their inheritance until age 21 or 25, or later, or arranging for a series of staggered payments over the years is preferred. However, the tax consequences of the various options are not always explained and parents can end up making inappropriate choices.

In 2006, the Government of the day decided that parents should have to pay for the privilege of keeping assets tied up in trust beyond a child’s 18th birthday, by levying a capital tax on the child’s will trust in proportion to how long the child’s will trust lasts.

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ILN Today Post

Making provision for minor children or grandchildren in your Will

This note offers guidance for anyone who wants to leave assets to minor children or grandchildren in their Will.

You may be content for minors to inherit relatively small amounts of money outright after your death, perhaps regardless of what age they have reached at your death. However, you may not want a minor to inherit more substantial sums at age 18 or younger. This note provides a brief summary of your options for making provision for minors and the tax consequences of each.

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