Monthly Archives: August 2016

ILN Today Post

West Palm Partners Co-Author Daily Business Review Column on Downtown Condo Projects

Joshua M. AtlasSteveDanielsby Steven L. Daniels and Joshua M. Atlas

This was published as a column called, “Downtown West Palm Condos Compete With New Luxury Units,” on August 11, 2016, in the Daily Business Review. 

Now that the Great Recession has been officially over for several years, many new residential projects are either under construction or on the drawing boards throughout Palm Beach County, particularly in and around downtown West Palm Beach.

As a result of these new projects coming online in the immediate and not too distant future, existing condominiums are facing a different problem than they faced 10 years ago: stiffer competition from their newer and more modern neighbors for buyers. The new challenge is demanding condo associations to take a proactive approach to mitigate the impact of new luxury condos being delivered in a relatively small market. Not taking action is not an option if condo owners want to protect and grow the value of their condos by remaining competitive in the market.

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Are you ready? Safety standards changes for road vehicles as of November 20, 2016

A commentary by Normand Laurendeau, from our Transportation Law Group.

August 15, 2016 — New regulatory amendments on road vehicle safety standards will come into force on November 20, 2016. The coming into force of new road vehicle safety standards involves several changes.

Click here to read about those amendments.

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CMS Issues Proposed Rule Advancing Care Coordination through Three New Mandatory Episode Payment Models and Introducing a Cardiac Rehabilitation Incentive Payment Model

If your organization has missed an opportunity to participate in the voluntary Medicare Bundled Payments for Care Initiatives and/or the mandatory CJR program, CMS’ Centers for Medicare and Medicaid Innovation has issued a proposed rule introducing three new mandatory Episode Payment Models (EPMs) and a Cardiac Rehabilitation incentive payment model intended to be tested with a broad scope of hospitals which may not have otherwise participated in innovative payment model testing.

In the proposed rule issued August 2, 2016, CMS introduced EPMs for Acute Myocardial infarction (AMI), Coronary Surgery Bypass Graft (CABG) and Surgical Hip/Femur Fracture Treatment- Excluding Lower Joint Replacement (SHFFT) and a Cardiac Rehabilitation incentive model to be tested for five performance years, beginning July 1, 2017 and continuing through December 31, 2021. CMS estimates Medicare savings of $170 million over the five-year test period.

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ILN Firm of the Month – Stradling Yocca Carlson & Rauth – Newport Beach, California!

FirmoftheMonth1

August/September 2016

The ILN is proud to announce our latest firm of the month, Stradling Yocca Carlson & Rauth – Newport Beach, California!

Stradling is a premier business law firm with more than 130 attorneys in ten offices across California, Colorado, Nevada, and Washington. Stradling represents companies and other entities which seek a sophisticated law firm with experienced counsel to guide critical transactions and disputes. Originally founded in 1975 to represent Southern California’s most innovative emerging growth companies, Stradling is known today as a leading full-service business law firm representing high growth and established organizations at all stages of their existence, including formation, angel and seed financing, venture capital financing, mergers and acquisitions, private equity transactions, IPOs, and debt financings. They bring a tremendous amount of technical expertise to each transaction ranging from extensive corporate, securities, and finance experience, to specialized proficiencies in core areas such as executive compensation and employment, tax, intellectual property, environmental, and real estate law.

In addition to its corporate practice, Stradling’s complex business litigation team has deep experience across a spectrum of matters, including securities class actions, merger and acquisition litigation, consumer class actions, trade secret and unfair competition cases, intellectual property disputes, and government investigations.  Their lawyers are experienced in handling matters from inception through appeals and in the event the dispute cannot be resolved, Stradling  has experienced trial lawyers that have tried cases before judges and juries in state and federal courts across the United States. They also handle the day-to-day litigation needs of their clients utilizing creative approaches to effectively resolve commercial, contract, and business tort disputes, as well as deploying strategies to handle portfolios of litigation.

The firm’s public finance lawyers represent municipalities and public agencies in finance and redevelopment transactions throughout the western region and ranked #1 as a bond, disclosure and underwriter’s counsel firm in California for the third year in a row.

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ILN Today Post

MCA Clarification on Applicability of Provisions of Companies Act, 2013 on Rupee Bonds

Reserve Bank of India (“RBI”) vide its notification dated September 29, 2015 – “External Commercial Borrowings (ECB) Policy – Issuance of Rupee denominated bonds overseas”, (“the Notification”) eased the options of raising debt from the external sectors, by permitting Indian corporates to issue rupee denominated bonds (“Rupee Bonds”) to non-resident investors. This relaxation granted by RBI helped Indian corporates mitigate the risk of currency fluctuations. As per the Notification, the Rupee Bonds are to be issued under the extant external commercial borrowing (“ECB”) policy. RBI through its circular Issuance of Rupee denominated bonds overseasdated April 13, 2016, made an effort to promote the Rupee Bonds by reducing the minimum maturity period for Rupee Bonds issued overseas from five years to three years.

However, confusion prevailed amongst the Indian corporates, concerning compliance with the provisions in respect of private placement prescribed under the Companies Act, 2013 (“Companies Act”) and Companies (Share Capital and Debenture) Rules, 2014 (“Debenture Rules”) at the time of issue of such Rupee Bonds.

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Four Davis Malm Attorneys Recognized by 2017 Best Lawyers in America

Davis, Malm & D’Agostine, P.C. announces that four of its shareholders were recently selected by their peers for inclusion in The Best Lawyers in America® 2017. Published by Woodward/White, Inc. Best Lawyers is considered by many as the oldest and most respected peer review publication in the legal profession.

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What Does Subway’s “Voluntary Agreement” with the US Department of Labor Mean for Joint Employer Status?

Hoagie Sandwich and ChipsThis past week, Doctor’s Associates Inc.,  which is the owner and franchisor for the Subway sandwich restaurant chain entered into a Voluntary Agreement (the “Agreement”) with the US Department of Labor’s (DOL) Wage and Hour Division “as part of [Subway’s] broader efforts to make its franchised restaurants and overall business operations socially responsible,” and as part of Subway’s “effort to promote and achieve compliance with labor standards to protect and enhance the welfare” of Subway’s own workforce and that of its franchisees.

While the Agreement appears intended to help reduce the number of wage and hour law claims arising at both Subway’s company owned stores and those operated by its franchisee across the country, the Agreement appears to add further support to efforts by unions, plaintiffs’ lawyers and other federal and state agencies such as the National Labor Relations Board (NLRB or Board), DOL’s own Occupational Safety and Health Administration (OSHA) and the EEOC to treat franchisors as joint employers with their franchisees.

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Week of August 8, 2016 on ILNToday – A Roundup!

roundupWe’re at the end of another week here in August, and hopefully everyone battling this oppressive heat & humidity is doing so successfully! This runner has her fingers crossed that we’re seeing the last of the weather that makes outdoor runs so challenging!

But what is not challenging (see what I did there?) is reading this week’s top posts from ILNToday – we’ve got a great roundup for you from around the world. So grab your coffee and take a read!

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ILN Today Post

Sexual Harrassment in the Workplace

This week the TUC have published the results of a survey, carried out in conjunction with the Everyday Sexism Project, regarding women’s experience of sexual harassment in the workplace.

The results highlight that sexual harassment may be more prevalent than many would think, and it may go largely unreported. Some of the key findings were that, of the women surveyed:

  • 52% have experienced some form of sexual harassment, increasing to 63% for those aged 18-24.
  • 35% have heard comments of a sexual nature being made about other women in the workplace
  • 32% have been subject to unwelcome jokes of a sexual nature
  • 28% have been subject to comments of a sexual nature about their body or clothes
  • Almost 25% have experienced unwanted touching
  • 20% have experienced unwanted sexual advances
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ILN Today Post

Coming Up: The ‘New’ Overprovision

Around the start of the 20th century, the approach of a licensing authority to the “overprovision” of licensed premises was, in current parlance, a “no brainer”. Magistrates enjoyed a more-or-less absolute discretion as to whether a district was “congested” and the granting of a licence was “meet and convenient”.

So, when Robert McGeehen, a wine and spirit merchant in Airdrie, found his 9 year-old business closed down with the refusal of his certificate’s renewal by a temperance bench seemingly committed to dismantling the licensing system in favour of prohibition, the Court found itself unable to interfere (McGeehen v Knox, (1912) 1 SLT 428).

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