Monthly Archives: September 2016

ILN Today Post

New Jersey: Senator proposes tax credit for EpiPen retailers

Much has been made in recent weeks of what the media has characterized as manufacturer Mylan’s steep,soaring, and massive price increase of the EpiPen, an epinephrine injection system that provides emergency treatment for life threatening allergic reactions. More specifically, the Guardian reported that when Mylan acquired the rights to EpiPen in 2007, the price was $56.64. Since then, that price has increased 461 percent, to $317.82. Quoting a letter that several Democratic senators, including Bernie Sanders, Elizabeth Warren and Sherrod Brown, sent to Mylan’s chief executive officer, Heather Bresch, the paper highlighted the issue:

[M]aking sure the EpiPen is readily available for use is a critical part of life for millions of Americans living with severe allergies…The EpiPen, however, has become so exorbitantly expensive that access to this life-saving combination product is in jeopardy for many Americans. Mylan’s near monopoly on the epinephrine auto-injector market has allowed [Mylan] to increase prices well beyond those that are justified by any increase in the costs of manufacturing the EpiPen.

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ILN Today Post

Letter of Intent Under Indian Laws – Is It Legally Enforceable?

Execution of valid contracts is a prerequisite to creation of any legally binding rights and obligations among the executing parties. However, before moving on to detailed definitive contract(s), parties often enter into a letter of intent so as to agree and specify upfront the key terms of the proposed transaction. The idea is to identify and address any major commercial issues between the parties, and at the same time demonstrate their commitment to the transaction.

What then is the legal effect of a letter of intent? Executed at a pre-contractual stage, is it a legally binding document or is it only a means to capture and reflect the intention of the parties on the basic structure of the transaction?

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ILN Today Post

Howard & Howard expands home office

Royal Oak, Michigan, September 8, 2016: Howard & Howard Attorneys PLLC is pleased to announce that Veronica Madsen has joined the firm. She will practice out of the firm’s Royal Oak Office.

Ms. Madsen concentrates her practice in financial institution regulatory compliance.

Prior to joining Howard & Howard, Ms. Madsen served as the Vice President of Compliance/Chief Compliance Officer with an emerging Fintech platform helping small and medium-sized businesses secure financing and working capital solutions. She was responsible for drafting regulatory compliance-related policies, procedures and risk assessments; conducting compliance training and testing; reviewing and revising contracts; and serving as the Bank Secrecy Act Compliance Officer. Ms. Madsen also owned a compliance consulting company, ESTEE Compliance, LLC that assisted credit unions with their regulatory compliance needs.

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Rainmaking Recommendation from Jaimie Field: The “Key” to Creating Content That Gets Read

In yesterday’s Rainmaking Recommendation, rainmaking trainer and coach, Jaimie Field offers some great advice for how to write in a way that will get you noticed. I’d expand a little bit on what Jaimie has to say by adding that once you start writing, you want to continuously review what you’re writing to see what seems to be of most interest to people (what gets the most shares, comments, engagement) and then to write/produce more of that. Further, once you’ve figured out what your “key” keywords are, you can get a little in depth with Google to identify what the most popular ones are. We could get really into depth about this – and I won’t – but an easy way to see what people might be searching along with your keywords is to start typing them into a Google search – Google with then start to populate the search with the most popular searches. That may give you some additional ideas, both for other keywords to focus on, and for topics that you may want to address in your content. Read what Jaimie has to say for the full context! 

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Trader Joe’s trying to make Pirate Joe’s “walk the plank” in U.S. trade-mark case

In the ongoing dispute between Michael Hallatt, a Vancouver businessman, and U.S. based retailer Trader Joe’s, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) has overruled the 2013 decision of the U.S. District Court for the Western District of Washington (the “District Court”) not to hear Trader Joe’s claim against Hallatt for, among other things, trade-mark infringement, dilution, unfair competition and false advertising.

The dispute arose out of Hallatt’s purchase of products from Trader Joe’s stores in the U.S., particularly in the state of Washington, for resale in Canada (there are no Trader Joe’s stores in Canada).  Hallatt has and continues to mark up and re-sell Trader Joe’s products at his store in Vancouver, named Pirate Joe’s.

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UK residential properties held through offshore structures: a call to action

Owners of UK residential property held through offshore structures, including non-UK companies and partnerships, should urgently review their structures following the publication of a further consultation by the UK Government on 19 August 2016.  The consultation confirms that residential properties in these structures will be exposed to UK Inheritance Tax (IHT) from 6 April 2017.  The aim of the changes is to bring all UK residential properties within the charge to IHT.


For more detail on the proposal, read my briefing note available on Fladgate’s website via this link: https://www.fladgate.com/rFlVC

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Sharon Druker co-authors an international manual on the creation of businesses

September 7, 2016 — The International Lawyers Network [ILN] released today the third annual edition of Establishing a Business Entity: An International Guide. This manual provides a concise description of the conditions and procedures for the creation of a business in 22 countries. RSS is the Quebec member of the ILN, an alliance of 91 firms in 66 countries, with over 5,000 lawyers.

Once again, Sharon G. Druker has authored the chapter on Canada, with contribution by Michael Slan of Fogler Rubinoff LLP, the Ontario ILN member.

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En værdig opsigelse

Opsigelser kommer sjældent belejligt, men alle virksomheder vil før eller siden være nødsaget til at opsige en eller flere medarbejdere. Det er en stor psykisk belastning for den opsagte medarbejder, for lederen, som er nødsaget til at sige dygtige og trofaste medarbejdere op, og for de tilbageværende medarbejdere. Det er derfor vigtigt at finde redskaber til at foretage opsigelserne bedst muligt, både fra et HR-mæssigt og et juridisk synspunkt.

Af Søren Ole Nielsen

Der er flere grunde til, at en opsigelse skal forløbe bedst mulig – bl.a. virksomhedens sociale ansvar over for trofaste medarbejdere, at man i mindst mulig grad forstyrrer harmonien blandt de tilbageværende medarbejdere, og at man skal opretholde sit image og en drift med færre hænder.

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Raman Johal is new CBA BC, Wills & Trusts Subsection Chair

We are pleased to announce that Raman Johal has been appointed as Chair of the Wills & Trust – Vancouver Subsection by the Canadian Bar Association, British Columbia Branch. This subsection is concerned with all aspects of succession law and practice including wills, probate and administration, testamentary and inter vivos trusts, mental competency as it relates to succession, estate planning and adult guardianship, and necessary ancillary areas such as the Income Tax Act and the Land Title Act. Congratulations to Raman!

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ILN Today Post

After the facelift – here is the BEPS-proof Hungarian intellectual property tax regime

In order to bring Hungarian tax law in line with OECD’s recommendations delivered in “Action 5” of the “BEPS-package”, Hungary’s special tax regime on intellectual properties has been amended as of 1 July.

The revised, “BEPS-proof” rules provide a flexible framework for building up IP structures in Hungary. With appropriate planning, both the development, the acquisition and the utilisation of intellectual property rights can be carried out at the level of a Hungarian company with zero or minimum tax burden. Furthermore, the resulting profit can be repatriated tax neutrally. Therefore, it is foreseen that Hungary will keep its importance in the future as a centre of international IP investment and distribution structures.

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