Monthly Archives: October 2016

Creation of Representative Office of Foreign Company – Lidings’ Lawyers Continue to Share Expertise Exclusive for Simplawyer

Creation of Representative Office of Foreign Company – Lidings’ Lawyers Continue to Share Expertise Exclusive for Simplawyer

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Week of October 17, 2016 on ILNToday – A Roundup!

roundupWe’re here with another roundup for you this week, and excited to welcome into the fold one of our newest member firms, Hall & Wilcox. You may remember that we announced their membership last week, and so now you’ll get the benefit of their expertise in the weekly roundup as well, including an article looking at some new tax incentives for early stage investors. So grab a cup of coffee and take a look through our top posts from this week on ILNToday!

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

The Medicare Payment Advisory Commission (“MedPAC”) met in Washington, DC, on October 6-7, 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.

As thought leaders in health law, Epstein Becker Green monitors MedPAC developments to gage the direction of the health care marketplace. Our five biggest takeaways from the October meeting are as follows:

1. While Accountable Care Organizations received high marks for quality they failed to produce Medicare savings in 2015.

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Talking Tax – Issue 54

Legislation and Government policy

Research and Development (R&D) tax incentive review

The Government has released its report of the R&D Tax Incentive review that concluded in April 2016.

The report, which was co-chaired by Chair of Innovation Australia Bill Ferris, Australia’s Chief Scientist Alan Finkel and Secretary to the Treasury John Fraser, highlights the finding that more could be done to encourage additional research and research spill-overs into other relevant sectors.

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USCIS Policy for EB-5 Redeployment and “At-Risk” Issues Discussed at IIUSA Conference

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

At the October 2016 IIUSA Conference, I was on a distinguished panel of practitioners discussing the topic of redeployment issues. The panel focused on the current USCIS Guidelines that sets forth the concept of “at risk,” which is pursuant to the draft policy statement issued on August 10, 2015 and was discussed at both the August 13, 2015 and July 28, 2016 USCIS Stakeholder’s meetings.

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Interlisting on US OTCQX (Premier Market) About To Get Much Easier: and We Can Help!

By Bernard Pinsky

OTC Markets Group has published proposed amendments for qualification rules to list on the OTCQX for all companies, including Canadian and other International public companies. These rules are scheduled to become effective on January 1, 2017.

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Clark Wilson LLP launches online system to help investors complete subscription agreements

By Victor Dudas

While being a public company is not easy, issuers accept the added costs and challenges because of the added benefits, like liquidity and increased access to capital.

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Loan agreements secured by real estate assets. The latest developments for entrepreneurs and consumers.

Contratti di finanziamento garantiti da beni immobili. Le novità nei confronti di imprenditori e consumatori
Autori: Antonello Corrado, Silvia Viceconte, Giovanna Canale Sono state di recente introdotte nel nostro ordinamento…
Antonello Corrado
Silvia Viceconte
Giovanna Canal
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Recently, new provisions favorable to banks or other entities authorized to grant credit to the public have been introduced into our judicial system, implementing the so-called Consolidated Banking Act (Legislative Decree 1 September 1993, no. 385) so as to provide the creditor with the most effective instruments for recovering the funds granted to the borrower, being either entrepreneur or consumer.

Such procedures, profoundly different from one another by derivation and content, contained in two separate law provisions, pursue the common purpose of offering creditors alternative measures to the lengthy litigation procedures of real estate enforcement, with the main objective of resolving the problem of loan defaults and the relative effects on the resulting ability to grant the credits.

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FLSA Violations You Must Avoid

ebgsquare

Our colleague Michael Kun, co-editor of this blog, shared his thoughts on various wage and hour issues in the publication of “7 Deadly Sins,”  which discusses FLSA violations that must be avoided to ensure compliance at your company, published by TSheets.

Following is an excerpt:

“The most common issues we see regarding meal and rest periods occur in states like California where state laws – rather than the FLSA – require that employees be provided those breaks at certain times during the day, and employees are entitled to significant penalties if they are not provided breaks in compliance with the law. …”

Read the full post here.

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Non-possessory pledge

Pegno non possessorio
Autori: Antonello Corrado, Giovanna Canale, Silvia Viceconte È entrato in vigore il 3 Maggio 2016,…
Antonello Corrado
Giovanna Canale
Silvia Viceconte

On May 3, 2016, the Decree Law 3 May 2016, no. 59, containing “Urgent provisions on enforcement and bankruptcy proceedings in favor of investors in banks in liquidation”, entered into force and introduced a new form of credit guarantee, the so-called non-possessory pledge.

This Decree was converted into Law no. 119 of 30 June 2016 and published in the Official Gazette no. 153 on July 2, 2016.

Article 1 of Decree Law no. 59/2016 stipulates that “Entrepreneurs registered in the Business Register may place a non-possessory pledge in order to guarantee the credits granted to them or to thirds, whether current or future, determined or determinable and with a forecasted maximum guaranteed amount, relating to the business activity of the enterprise”.

This new form of security is aimed at combining the need for corporate finance – the debtor that can offer this form of guarantee must be an entrepreneur registered in the Business Register – with the interest of the creditors for the realization of their right and for the certainty of the timeframe of credit satisfaction.

The pledge is granted through written deed and is published in a dedicated register (the “Register of Non-possessory Pledges”) held in computerized systems of the Revenue Agency. From the date of registration, the pledge becomes effective and enforceable against third parties, both in enforcement and bankruptcy proceedings.

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