Monthly Archives: March 2017

ILN Today Post

Revisiting the Affordable Care Act

Over 150 million Americans currently receive their health care coverage through employer sponsored health plans. For as much as the Affordable Care Act (ACA) focused on expanding coverage for the previously uninsured and underinsured, it also extended protections to employees receiving health insurance through their employer.

After last week’s cancellation of the vote on the American Health Care Act (AHCA), the House Republican plan to repeal the ACA, it is important to take a step back and revisit some of the major ACA employer provisions that remain intact for now.

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ILN Today Post

Chambers Global 2017 ranks Fladgate partners

Fladgate congratulates the following partners on their inclusion as “Leaders in their Field” in the 2017 edition of Chambers Global, the guide to the world’s best lawyers. Individuals are ranked after extensive research by the Chambers team with opinions sought from clients, peers, referees and competitors.

Germany
Corporate/M&A (Expertise Based Abroad)

Alex Kaufmann of Fladgate LLP is dual-qualified in England and Wales and Germany, and is also a fluent German speaker. He advises companies from Germany, Austria and Switzerland on cross-border mergers and acquisitions. He has a number of clients from the engineering, media and hospitality sectors. Kaufmann is also fluent in French and Romanian.

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ILN Today Post

Disclosure of confidential information

This article was first published by Solicitors Journal on 7 February 2017, and is reproduced by kind permission.

The recent case of Glenn demonstrates that while privilege and confidentiality may overlap, they are separate concepts.

Confidentiality of documents, information, and witness evidence may be the source of significant dispute between litigating parties. Disclosure of confidential information was recently considered in Glenn and another v Watson and others [2016] EWHC 3259 (and associated claims).

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ILN Today Post

There would be no fashion without immigration

With London Fashion Week having taken place last month and with the next round of shows in autumn, we need to ensure that the brightest and best global talents continue to choose the UK as their destination for growth.

London Fashion Week is adored by buyers and press, with an international reputation as the most innovative and experimental fashion event. The buzz around London Fashion Week increases every year, a clear sign of the creative and commercial importance of fashion. With a schedule designed to showcase the world’s most innovative emerging talent, it’s no surprise there’s excitement everywhere.

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ILN Today Post

Lovlige aktionærlån – pas på alligevel!

Det kan blive muligt at låne penge i egen virksomhed, men der er mange faldgruber, som kan gøre det dyrt.

Erhvervsministeren har den 5. oktober 2016 fremsat et lovforslag om ændring af selskabsloven, herunder lovliggørelse af aktionærlån. Danmark har i en lang årrække – siden 1982 – haft forbud mod, at aktionærer og ledelsesmedlemmer måtte låne midler i det selskab, hvor de indgik i ledelsen og/eller var ejere af. Et selskab måtte endvidere ikke stille sine midler til rådighed eller stille sikkerhed for de pågældende personers forhold.

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Week of March 27, 2017 on ILNToday – A Roundup

roundupWe’re here with another roundup, after an intense week attending the Legal Marketing Association’s Annual Conference – it’s always like trying to drink water from a fire hose in terms of learning and networking. So while I decompress from a crazy few days and catch up on work and emails, here is the roundup of articles from our lawyers on ILNToday:

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High Court Dismisses Personal Injury Case Where Experienced Hill Walker Fell on the Wicklow Way

On 17th February 2017, the High Court overruled a Circuit Court decision that awarded a sixty year old woman, Teresa Wall, compensation of €40,000 for personal injuries she suffered while hill walking on the Wicklow Way.

What obligations do landowners owe to hill walkers?

As the law stands, private landowners owe a duty of care to ‘recreational users’ of their land in accordance with the Occupiers’ Liability Act 1995. This duty is akin to that of a trespasser and is simply the requirement not to intentionally injure or act with reckless disregard for that person. In determining reckless disregard, the courts tend to look at whether or not it was reasonable for the landowner to protect the person from dangers on the land in question.

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Talking Tax – Issue 71

Case law

AAT decision emphasises the need for contemporaneous records

In Spence v Commissioner of Taxation (Taxation) [2017] AATA 307 the Commissioner disallowed the Taxpayer’s claim for deductions under section 8-1 of the Income Tax Assessment Act 1997 (Cth) (ITAA 97), due to a lack of evidence that he was carrying on a share trading business.

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Class actions have arrived in Queensland

As of 1 March 2017, it is now possible for the first time to bring a class action in the Supreme Court of Queensland.

The legislation bringing in this change was proclaimed by the Queensland Governor on 24 February 2017 after first being passed by Parliament in November 2016.

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Ministry of Health adopts lists of data in the technical and operational documentation for a medical device

The Order of Ministry of Healthcare of Russia dated 19.01.2017 No. 11n “On approval of requirements to the content of technical and operational documentation of the medical product manufacturer (producer)” (hereinafter – the “Requirements”) became effective on 24 March 2017.

Previously clause 3 article 38 of the Federal law dated 21.11.2011 No. 323-FZ “On basics of health protection of citizens in the Russian Federation” was limited to state, that the Requirements are established by the authorized federal executive body.

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