Monthly Archives: November 2016

Image Rights: High profile individuals can benefit from ATO tick of approval

With careful planning, high profile individuals (such as sportspeople and entertainers with valuable ‘Image Rights’) can structure their arrangements in ways that achieve important commercial goals like asset protection, and are also tax efficient.

‘Image Rights’ are an individual’s right to exploit their name, image and other identifiable characteristics (such as their likeness, name or signature) on merchandise or in the media.

Under Australian law, an individual does not have a proprietary interest in their name, image or likeness, and therefore cannot assign these rights to a third party. However, the Australian Taxation Office (ATO) has accepted that an individual can grant a licence to a third party for the use and exploitation of his/her Image Rights1.

A common practice is for a person who has valuable Image Rights (Image Rights Individual) to set up a private company or a trust (Private Entity) and to grant a licence over their Image Rights to the Private Entity.

In turn, a third party that wishes to use the Image Rights (including, in the case of a sportsperson, the club or team they play for) will enter into an arrangement for the use of the Image Rights with the Private Entity. The fees paid by the third party for the use of the Image Rights are paid to the Private Entity and not to the Image Rights Individual directly.

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Lidings Bolsters its Tax and Customs Practice With Hire of the New Counsel

Lidings, the leading Russian law firm advising major Russian and foreign companies on all aspects of Russian law has announced Denis Khramkin joining its Moscow office as Counsel. Mr. Khramkin, a seasoned legal professional in the sphere of taxation, will become a valuable addition to the firm’s Tax and Customs practice.

Prior to joining Lidings Denis Khramkin has successfully headed the department of taxation methodology of one of the largest oil and gas companies in Russia, worked at such prominent international law firms as DLA Piper and Deloitte as well as at the Big Four’s PricewaterhouseCoopers.

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Law Firm of the Future: Deeper Discussions Sought Here

photo-1470093309323-be5043d91fa6 (1)Last week, we considered the idea that maybe the law firm of the future was going to have to start from scratch in order to really generate change that matters. On LinkedIn, one commenter saw this as an opportunity for smaller firms to grab marketshare from BigLaw, as they are able to be more nimble and agile in a changing market, while one of the ILN’s members wondered how mid-sized firms, particularly in emerging markets, are able to properly prioritize the changes that clients want and need.

I tend to agree that where some may see change as a challenge, it does present a huge opportunity, especially for some smaller and mid-sized firms, but it not only requires us to ask some tough questions and take a critical internal look, it also means that we need to work collaboratively. When we work together – not just within our firms and organizations, but within the industry – we’re able to better identify both the questions and challenges AND the answers and solutions to these issues. We’ve talked before about how the law firm of the future will embrace a more collaborative approach, but I see the industry overall as taking on a more collaborative tone – without giving away any trade secrets, we can all work together to make the industry stronger and more client-centric. 

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White House Issues Call to Action on Non-Competes – Employment Law This Week

The top story on Employment Law This Week:  The White House is calling on states to combat what it describes as the “gross overuse of non-compete clauses today.”

The call to action recommends legislation banning non-competes for certain categories of workers and prohibiting courts from narrowing overly broad agreements. New York Attorney General Eric Schneiderman answered the call immediately, announcing that he would introduce relevant legislation in 2017. Our colleague Zachary Jackson, from Epstein Becker Green, comments.

Watch the segment below and see our blog post on this topic.

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Workplace culture no excuse for sexual harassment

The Fair Work Commission has dismissed a former employee’s unfair dismissal application1, finding that the employer’s workplace culture was not to blame for the employee’s sexual harassment.

The employer (an unidentified airline) summarily dismissed the employee from his position as a Cabin Crew Supervisor following an investigation into multiple allegations of sexual harassment, including that the employee had:

  • shown explicit images of a crew member to other crew members while in flight
  • repeatedly made inappropriate and unwanted sexual comments and advances to a number of fellow crew members, including lewd observations about passengers.

The employee denied the allegations. However, on consideration of the evidence (including evidence given by eight cabin crew members) the Commission found that the alleged conduct did occur and that it was serious misconduct. Therefore, the employer had a valid reason for the dismissal.

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Week of October 31, 2016 on ILNToday – A Roundup!

roundupWe’re welcoming a new face to the roundup this week, with a contribution from our Maltese firm on Brexit! Before you head out into the first November weekend, take a look through this week’s roundup of top posts from ILNToday:

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ILN Today Post

BREXIT – the EU Passport Opportunity for Malta

BREXIT – Britain’s momentous decision to leave the European Union has put into question what rights will British nationals and companies located in Britain have in relation to the European market? In particular, there is doubt whether the passporting rights pursuant to European directives will continue to apply.

Malta offers a number of advantages to individuals and companies looking for a secure and stable entry point into the European market.

Malta, a full EU member, has transposed all applicable EU directives into its domestic law, particularly in relation to the financial services sector, covering such areas as Funds, Investment Services, Pensions etc.

Added to which, Malta’s long term, special relationship with the UK, provides UK located individuals and businesses comfort in the face of the forthcoming Brexit changes.BREXIT – Malta’s Opportunity

Why Malta?

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ILN Today Post

HOWARD & HOWARD RATED AMONG NATION’S BEST LAW FIRMS BY U.S. NEWS & WORLD REPORT AND BEST LAWYERS®

Royal Oak, Michigan, November 3, 2016:  Howard & Howard has been ranked in the 2017 “Best Law Firms” list by U.S. News & World Report and Best Lawyers® in the following areas:

METROPOLITAN TIER 1

  • Ann Arbor
    • Litigation – Intellectual Property
  • Troy
    • Commercial Litigation
    • Energy Law
    • Litigation – Patent
    • Patent Law
    • Trademark Law

Press Release Best Law Firms 2017

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Webinar, Nov. 30: Year in Review – Trade Secrets and Non-Compete Developments

Many businesses progressively fear that their trade secrets and valued business relationships are at risk of attack by competitors – and even by their own employees. Do you know what it takes to protect those critical assets in the ever-changing world of trade secret and non-compete law?

Join Epstein Becker Green attorneys Anthony J. Laura,  Robert D. Goldstein, and Peter A. Steinmeyer on Wednesday, November 30, 2016 at 1:00 p.m. EST for a complimentary, 75-minute webinar hosted by Practical Law.  This webinar offers insights into recent developments and expected trends in the evolving legal landscape of trade secrets and non-competition agreements. This webinar will focus on how to navigate this developing area and effectively protect client relationships and proprietary information. Topics will include:

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The Independent Worker: An Interview with Gene Zaino, CEO of MBO Partners

Gene ZainoGene Zaino, a nationally recognized expert in the contract workforce market, launched MBO Partners to re-invent the way independent consultants and organizations work together. MBO Partners provides technology solutions and personal service that both simplify and expedite business processes for self-employed professionals including: incorporation, contract setup, billing, financial management, payroll, tax compliance, and health and retirement benefit programs. MBO Partners also provides access to the largest network of “engagement ready” enterprise companies, as well as portable benefits to independent workers.  Zaino is a major force in the independent workforce movement, committed to making it easier for self-employed professionals and their clients to work together.

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