Monthly Archives: November 2016

Week of November 7, 2016 on ILNToday – A Roundup!

roundupWe are excited to be announcing our newest ILN member today – Salaberren y López Sansón (SyLS) in Buenos Aires, Argentina! The firm is a leading legal and tax boutique in Argentina, whose partners are recognized as industry leaders. You can read more about them in our press release about the membership announcement, and help to welcome them to ILN membership.

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Commercial signs, trademarks, and French generic terms: Need a road map?

By Geneviève Goulet, from our Business Law Group.

November 11, 2016 — Over the past couple of years, the language of commercial signs has been a recurring theme in the media. In April of 2014, the Superior Court rendered its decision in the Best Buy case, ruling that businesses with English-language trademarks could not be compelled to change their signs to add a French generic term — for instance, a descriptive word such as magasin (store) or entrepôt (warehouse) — as requested by the Office québécois de la langue française.

A year later, the Court of Appeal confirmed this decision. Soon after, the Government announced its intention to take action to emphasize French on commercial signs.

This intention has materialized with recent amendments to the Regulation respecting the language of commerce and business and the Regulation defining the scope of the expression “markedly predominant” for the purposes of the Charter of the French language, that are coming into force on November 24.

What are the consequences of these amendments for businesses operating in Quebec? Let’s have a brief look.

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Talking Tax – Issue 57

Legislation and Government updates

Stamp duty concessions for businesses that move to Latrobe Valley

The Premier of Victoria has announced that the Government will establish a new Economic Growth Zone (EGZ) in the Latrobe Valley, in an effort to create local jobs and grow local businesses.

The new EGZ means that companies starting or expanding their businesses in the Latrobe Valley will be eligible for financial incentives, including reimbursement of fees and charges.

There is little doubt that this incentive will create opportunities for businesses to benefit from stamp duty concessions in setting up in the Latrobe Valley, and will help to contribute to the growth and stability of the area.

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Parallel Review – Forcing Manufacturers to Go All In

On October 24, 2016 the Food and Drug Administration (“FDA”) in conjunction with the Centers for Medicare & Medicaid Services (“CMS”) announced their intention to extend the Parallel Review pilot program indefinitely. The Parallel Review process is intended to provide timely feedback on clinical data requirements from FDA and CMS, and minimize the time required for receiving Medicare coverage nationally.  Sounds good.  So, why have so few manufacturers taken advantage of the program to date?

Despite its admirable goals, the current Parallel Review Process is too limited in scope and involves significant risks for manufacturers.

The standard process for obtaining Medicare coverage involves a sequential review. First, the device manufacturer must obtain approval, 510(k) clearance, or a de novo classification by the FDA.  After FDA approval, clearance, or de novo classification has been received, the manufacturer would seek coverage of the device or procedure using the device from CMS.  The manufacturer has the option of pursuing a National Coverage Determination (“NCD”) from CMS or a local coverage determination (“LCD”) from one or more of the Medicare Administrative Contractors (“MACs”).

In contrast, under the Parallel Review program, FDA and CMS simultaneously review manufacturer’s clinical trial design and data. Parallel Review is broken down into two stages: (1) the pivotal clinical trial design development stage, and (2) the concurrent evidentiary review stage. This two stage process is designed to allow manufacturers to minimize the likelihood of having to conduct additional trial(s) at a later date to meet CMS’s coverage requirements and shorten the overall timeline by having the agencies review the evidence simultaneously.  Although the goal is right, there are some disadvantages.

First, the Parallel Review program is limited to devices that are subject to pre-market approval or de novo classification. This is only a small portion of the market today. To put this in context, for every 140 510(k)s cleared by the FDA, one PMA is approved. In 2014, for example, there were 3203 510(k) clearances compared to only 42 PMAs and 28 de novo classifications. This means that the vast majority of devices will not be eligible for Parallel Review.

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The insurance broker’s liability and the duty to inform

By Nicolas Drolet, from our Insurance Law Practice Group.

November 10, 2016 — In Maison Jean-Yves Lemay Assurances inc. c. Bar et spectacles Jules et Jim inc., 2016 QCCA 1494, the Quebec Court of Appeal reiterates the broker’s duty to review the building’s replacement value and coverage when renewing the insurance policy for the property.

The facts

The case began in June 2010, when the insured sought to renew the insurance of its building. Following its broker’s recommendation, an appraiser was mandated to prepare; until then, the property was insured for $424,000.

On July 20th, the broker took notice of the report, in which the replacement value was increased to $565,000. However, since he was leaving for vacation, he asked a colleague to follow up on the file. Unfortunately, no further steps were taken. The building was destroyed by fire on July 23rd.

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New Jersey Minimum Wage Increases at Start of 2017

january-1-calendar-page-shutterstock_167767466-200x200New Jersey employers should take note that on January 1, 2017, the state’s minimum wage will increase six cents, from $8.34 to $8.44.

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Discretionary Trusts Guide

Our Wills and Probate Unit is pleased to bring you our brochure A Practical Guide to Discretionary Trusts. You can download the brochure here. Please contact Kevin Doughan, Associate Solicitor, Wills and Probate Unit, for more information.

The post Discretionary Trusts Guide appeared first on Holmes O'Malley Sexton Solicitors.

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ASX finalises its new admission requirements

As foreshadowed in its May 2016 consultation paper,  Australian Securities Exchange (ASX) has made reasonably significant changes to the admission requirements within the Listing Rules, which effectively impose higher thresholds and more strenuous requirements on  local and foreign entities wishing to list on the ASX. These amendments, in addition to the discretion conferred upon ASX to refuse admissions (a sword it has used on some recent occasions, including the much publicised case of Guvera), may result in a number of entities having increased difficulty in successfully listing on Australia’s primary bourse.

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Bøde til Opel for minimumspriser

Opel Danmark har fået en bøde på over 8 mio. kr. for at have fastsat minimumspriser over for sine forhandlere. Bøden er en af de første, der er givet efter ændringerne i Konkurrenceloven trådte i kraft den 1.marts 2013. Den viser, at konkurrencemyndighederne mener det alvorligt med en væsentlig forhøjelse af bødeniveauet.

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Employers Must Continually Navigate a Minimum-Wage Patchwork Across America

Perhaps in response to protests brought by employees and their advocates in recent years, states, counties, and cities across America have been increasing their minimum wage in piecemeal fashion. Few employers are fortunate enough to need worry about only one minimum wage—the federal minimum wage that is the floor below which employers may not go (unless an employer is not covered under the FLSA). Most large employers that operate in multiple states must now navigate a minimum-wage patchwork in which the hourly rate varies from state to state and, sometimes, between counties and cities.

Although the federal minimum wage is $7.25 per hour, 29 states and the District of Columbia have a minimum wage greater than the federal minimum wage. And those states are consistently increasing their minimum wage—New Jersey just passed legislation increasing its minimum wage from $8.38 per hour to $8.44 per hour, effective January 1, 2017, which is also when the Montana minimum wage will go from $8.05 to $8.15 per hour.

California is arguably the most difficult minimum-wage patchwork for employers to navigate. From a present minimum wage of $10 per hour, the California minimum wage will increase one dollar per hour each year until it reaches $15 per hour in 2022.

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