Monthly Archives: February 2016

McDonald Hopkins Government Strategies Advisory: This Week in Washington — February 5, 2016

Top Issues From This Week — February 5, 2016

Last ditch effort on criminal justice reform

With the odds of criminal justice reform passing in this Congress dimming, supporters are making a last ditch effort to regain momentum in an increasingly difficult and partisan political environment.

On Tuesday, Senators Chuck Grassley (R-IA) and Mike Lee (R-UT) held a forum on the Hill with former Attorney General Mike Mukasey and other law enforcement officials to promote their bipartisan legislation that would overhaul sentencing and prison policies.

The bill would reduce mandatory-minimum sentences for certain nonviolent drug offenders and allow reduced prison sentences for inmates who take part in programs to cut recidivism.

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Location Matters: The Perils of Geographic Names as Trade-marks

When choosing a trade or business name it may seem like a good idea to incorporate the location of your business into the name. There are benefits: it is helpful for marketing, it gives your audience an idea of where your business is and who your market is, it can help establish your business in a neighborhood, and it can help you build a brand based on community and locality.

However, using the location of your business in your trade or business name can cause difficulties when it comes to registering that name as a trade-mark. Under section 12(1) (b) of the Trade-marks Act, a trade-mark is not registerable if it is clearly descriptive or deceptively misdescriptive of the place of origin of the goods or services with which the trade-mark is used, unless that trade-mark has acquired distinctiveness through its use.

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Federal trade union regime: back to the future!

February 4, 2016 — Last spring, the federal government caused quite a stir within trade unions with the adoption of Bill C-525, that tightened the rules for the accreditation of a union while facilitating the revocation of certification. The Bill came into force on June 16, 2015.

In April, RSS had issued a bulletin on this amendment.

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(Français) Témoignage d’une étudiante – Un environnement de choix

Lorsque j’ai entamé le processus de course au stage, ma principale inquiétude à l’idée de travailler dans un cabinet d’envergure était celle de ne pouvoir poursuivre toutes mes activités et implications personnelles. Or, dès la première entrevue, j’ai été séduite par l’ouverture de RSS. En effet, mon cursus autre qu’universitaire a été considéré comme un atout à mes compétences professionnelles par les avocats intervieweurs.

RSS permet de développer nos compétences et connaissances en droit et de favoriser l’épanouissement de nos qualités humaines, dans un environnement de travail empreint de respect et d’ouverture. L’excellent encadrement que nous donnent les avocats de RSS nous confère un haut niveau de formation professionnelle, autant en termes de connaissances, de pratique du droit que d’éthique.

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“Car Hacking Growing More Likely, Security Experts Say,” Jim Giszczak quoted by Yahoo! Auto

Mr. Robot wants to drive your car.

But the Golden Globe winning drama’s fictional team of hackers is not nearly as dangerous as the real people who might try to take control while you’re driving, according to cyber security experts speaking at the Automotive Press Association luncheon Tuesday in Detroit.

“It’s going to happen,” said Tom Winterhalter, supervisory special agent, FBI Detroit Division, cyber squad. “There are groups out there that will want to try.”

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Multistate Tax Update — February 4, 2016

Illinois: State of the state speech contains many proposals, none for tax changes

In Governor Bruce Rauner’s January 27, 2016, address, he acknowledged his government’s goal “to improve the quality of life for ALL the people of Illinois,” which means more economic opportunity, higher pay and a lower cost of living.
Lamenting the fact that jobs and people are leaving the state, the Governor conceded that despite the fact that Illinois is a “wonderful place,” it has:
  • Fewer jobs today than it did 15 years ago;
  • The average working family is making less now than they were eight years ago;
  • Is “virtually tied for the highest property taxes in America;” and
  • Has “far more layers of government and mountains of debt at every level.”
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Høringsforslag om ny medarbejder-aktieordning

Som tidligere omtalt under Nyheder på hjemmesiden blev Regeringen, Dansk Folkeparti, Liberal Alliance og Det Konservative Folkeparti ved Finansloven for 2016 enige om at genindføre muligheden for at tildele medarbejdere aktieløn i virksomheden på gunstige vilkår.

I forlængelse heraf har Skatteministeriet nu sendt et lovforslag i høring om gunstigere skatteregler for aktier samt købe- og tegningsretter, som tildeles medarbejdere.

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If You’re Just Hearing About Multiplatform Publishing, It May Already Be Too Late

Have you heard of Digital Darwinism?

You can probably wager a guess at what it means. As it relates to multiplatform publishing, it holds that the brands that can’t adapt will not survive this content revolution. More specifically, brands that don’t seek to reach customers everywhere, and in real time, will be left in their competitors’ digital dust. 

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ILN Today Post

Former Miami Commissioner Marc D. Sarnoff joins Shutts & Bowen

MIAMI — February 2, 2016 — Former City of Miami Commissioner and Miami Commission Chairman Marc D. Sarnoff has joined Shutts & Bowen LLP. He will be a Partner in the Government Law and Land Use Practice Groups in the firm’s Miami office.

Mr. Sarnoff served the city for nine years until November 2015, representing City of Miami residents from Coconut Grove, Brickell, Downtown, Edgewater, Biscayne Boulevard, and Morningside. He served as Chairman of the City Commission, the Downtown Development Authority and the Omni Community Redevelopment Agency. During Mr. Sarnoff’s tenure, Miami witnessed hundreds of millions of dollars in new investment in the city, booming tourism and greatly expanded cultural opportunities.

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ILN Today Post

Receivers, Lenders and Investors Should Know about the Uniform Commercial Real Estate Receivership Act, says Shutts partner Michelle Hendler

According to an article published in the Daily Business Review by Miami partner and creditors’ rights attorneyMichelle Hendler, receivers, lenders and investors should pay attention to recent developments by the Uniform Law Commission, a group of 350 commissioners appointed to “bring clarity and consistency” to various laws.

The ULC is recommending that the Uniform Commercial Real Estate Receivership Act be adopted in Florida. The Receivership Act would apply to receiverships for commercial real property and gives the receiver powers similar to a bankruptcy trustee. Receivers control and maintain property in order to preserve the value of the property and minimize liability and costs.

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