Monthly Archives: September 2016

Davis Malm Continues to Expand with Addition of Patrick T. Clendenen

Davis, Malm & D’Agostine, P.C. announces that Patrick T. Clendenen has joined the firm as a shareholder. Mr. Clendenen practices in the Litigation and Business Law areas. He is a seasoned trial lawyer with experience in sophisticated business and fiduciary disputes, including contracts, consumer financial services, products liability, business torts, class action suits, derivative actions, and securities matters. He also focuses on intellectual property litigation, including internet, patents, trade dress, and trade secret matters. Mr. Clendenen has represented a wide range of public and private businesses and corporate clients nationally in both state and federal courts across the United States. He also represents business and corporate clients in international cross-border disputes, both in litigation and alternative dispute resolution.

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Davis Malm Shareholder William F. Griffin, Jr. to Present at Boston Bar Association Program

On September 27th, William F. Griffin, Jr., a shareholder at Boston law firm Davis, Malm & D’Agostine, P.C., will be a featured speaker at the Boston Bar Association’s (BBA) program, “Deed Stamps: When Required, When Exempt and When Nonpayment is Challenged by the Department of Revenue.” Mr. Griffin, along with two other panelists, will discuss deed stamps, and will address when they are required, when a transaction is exempt, how the DOR enforces the obligation to pay deed stamps, and certain nuances for conveyancing practices.

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Davis Malm’s Lawrence Casey and Richard Sampson to Present at SBANE Program, “Practical IP Solutions for Start-Ups and Small Businesses”

Davis Malm shareholders Lawrence J. Casey and Richard L. Sampson will present at the Smaller Business Association of New England’s (SBANE) Technology & Innovation Committee event, “Practical IP Solutions for Start-Ups and Small Businesses,” on September 29th, from 7:30 – 10:00 a.m. at SBANE’s Headquarters, 1601 Trapelo Road, Waltham, MA.

Mr. Sampson will present strategies for protecting a company’s intangible assets (patents, copyrights and trademarks), and will provide an overview of the different types of filings. He will discuss the advantages and disadvantages of each, as well as how to enforce IP rights and avoid potential pitfalls. Mr. Casey will serve as program moderator.

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Insurers with a “Direct Interest” may Join the Party

By Daniel Paperny

1. Introduction

The BC Supreme Court’s recent decision in MacPherson v White, 2016 BCSC 1151 establishes that an insurer can successfully apply to be added as a party to a lawsuit which it has a direct interest in, even if the insurer has no contractual right or legislative standing to be added.

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City of Miami EB-5 Regional Center 2016 Conference Update

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

The City of Miami Regional Center held a regular presentation on “The Present and Future of the EB-5 Regional Center Program.” The uniqueness of the program involved the presentation of certain public/private partnership transactions being considered which were quite unique and exciting. These projects included the following:

  1. Miami Marine Stadium. This is an old, cherished relic of the City located on Key Biscayne that is in the process of being renovated and that will potentially utilize EB-5 capital up to $40 million.
  2. VA Facilities Near VA Hospital. A VA affiliate is in the process of undertaking a VA Village that is to provide for housing and other benefits to veterans. That is being highly supported by all government agencies and is likewise seeking EB-5 capital to fund the development of the project.
  3. The 10-Mile Underline Project. Miami has a Metrorail system that travels down U.S. 1, and like other cities, it is exploring the utilization of the land which has 100-feet width to develop various opportunities in the 10-mile stretch in a primary section of Miami-Dade County. This project potentially could involve capital expenditures in excess of $100 million and again, EB-5 capital is being considered in connection with this project.
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ACA Information Reporting: Ensuring Big Data Analyses Do Not Lead to Big Penalties

By Michelle Capezza (Member of the Firm, Epstein Becker Green) and Howard Gerver (President, ACA Managed Services)

As employers prepare the Affordable Care Act information reporting filings for the 2016 year that will be due in 2017 (notably the 1094/1095 B&C), the good faith standard of compliance, and the potential for inaccuracies, is no longer available.  In order to seek a waiver of penalties for the 2016 filings made in 2017, an employer will need to meet a standard of reasonable cause and no willful neglect.  With this standard, an employer must show that there are significant mitigating factors or the failure was due to certain events outside their control and the filer acted responsibly.  While “responsibly” remains subjective, the employer must be able to demonstrate that the same level of quality assurance and audit rigor that is applied to other governmental reporting must be applied to the 1095 and 1094 IRS reporting processes. Also, at this time, anticipate that the filings will need to be made with the government, and to the employees (and other recipients), under the regular schedule without extensions: (i.e., the disclosures to employees will be due the last day of January following the calendar year in which coverage was provided; forms must be filed with the IRS by the last day of February if filing on paper or March if filing electronically (which is required for employers with 250 plus returns)).

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Top Five Takeaways from MedPAC’s Meeting on Medicare Issues and Policy Developments — September 2016

The Medicare Payment Advisory Commission (“MedPAC”) met in Washington, DC, on September 8-9, 2016. The purpose of this and other public meetings of MedPAC is for the commissioners to review the issues and challenges facing the Medicare program and then make policy recommendations to Congress. MedPAC issues these recommendations in two annual reports, one in March and another in June. MedPAC’s meetings can provide valuable insight into the state of Medicare, the direction of the program moving forward, and the content of MedPAC’s next report to Congress.

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Davis Malm welcomes

Davis Malm welcomes Patrick T. Clendenen to the firm.

Patrick Clendenen practices in the Business Law and Litigation areas. He is a trial lawyer with significant experience in sophisticated business and fiduciary disputes, including contracts, consumer financial services, products liability, business torts, class action suits, derivative actions, and securities matters. He also focuses on intellectual property litigation, including Internet, patents, trade dress, and trade secret matters. 

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Week of September 12, 2016 on ILNToday – A Roundup!

roundupWho’s ready for the roundup? Let’s just dive right in!

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ILN Today Post

The new regulation of investment funds in participants – FIPS

The Securities and Exchange Commission (CVM) published on August 30, CVM Instruction No. 578 with the new rules governing the establishment, operation and administration of Investment Funds in Participations, the FIPs, reflecting the regulatory modernization of the fund industry and the approach the local rules to those practiced internationally.

Among the main innovations brought by the new rule are:

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