Monthly Archives: March 2017

What happens if you are from the UK or own assets in the UK?

Beware of the dreaded inheritance tax and changes to it from April 2017!

Approximately 1.3 million Britons now live in Australia and Brexit may only increase this number! Many think that moving to Australia means they no longer need to worry about UK tax, but often they are not fully aware of the tax and in particular the inheritance tax (IHT), implications of moving here.  Similar issues can arise for Australians owning UK assets, which has become more attractive because of the exchange rate and individuals working abroad. With information sharing between tax authorities now the norm, it is no longer possible to ignore this.

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Lidings Wins Over RUR 20 mln. IP Infringement Case on Behalf of Major German Manufacturing Company in FAS

Lidings intellectual property practice’s experts have successfully represented a large German company, one of the world’s leaders in the industrial and FMCG sectors, in a case over infringement of its intellectual property rights by Russian competitor with claim over RUR 20 mln.

One of the Russian regional enterprises imitated trade dress, design elements and corporate colors of well-known adhesives, the intellectual property rights of which belong to the Lidings’ client. The counterfeit products manufactured by the competitor were sold in retail chains throughout the country.

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Third Circuit Holds Medical Residents May Bring Title IX Claims

In a decision with significant implications for private hospitals, on March 7, 2017 the Third Circuit held in Doe v. Mercy Catholic Medical Center that medical residents may bring private causes of action for sex discrimination under Title IX against private teaching hospitals operating residency programs, and are not limited to claims under Title VII.

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Even If A Trial Court Denies Your Injunction, If Your Request Is Well-Founded, Consider An Immediate Appeal

In non-compete matters, it is often said that trial judges dislike enjoining individuals and will go out of their way to avoid doing so. A recent decision by the Florida Court of Appeals, Allied Universal Corporation v. Jeffrey B. Given, may be a good example of such a situation – as well as an example of an employer that took an immediate appeal and got the relief it wanted.

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ILN Today Post

Latvia: New law encouraging volunteer workers

A new law regulating unpaid volunteer work has recently been adopted in Latvia. The law as originally drafted envisaged that only non-profit entities would be allowed to organize volunteer work, ie:

1. Non-profit associations and foundations (including trade unions).

2. State and municipal institutions (and political parties).

It has now been proposed that social enterprises (for-profit businesses with a social or environmental mission) be added to the list of organisations that are permitted to employ volunteers. The change is expected to come into force on 1 January 2018. Social enterprises should bear in mind that they will not be permitted to rely solely on volunteers – at least one member of staff must receive a salary.

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Top Five Takeaways from MedPAC’s Meeting on Medicare Issues and Policy Developments – March 2017

The Medicare Payment Advisory Commission (“MedPAC”) met in Washington, DC, on March 2-3, 2017. 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.

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Recent Executive Orders Have Immediate Immigration Impacts, but Overnight Overhaul of U.S. Immigration System Is Unlikely

It is no secret that the new administration under President Trump brings with it a fundamental shift in executive attitude with respect to both legal and illegal immigration. The transitional period leading up to January’s inauguration left employers and their foreign national employee populations mired in uncertainty regarding the future of former President Barack Obama’s largely immigration-friendly reforms. Shortly after entering the White House, President Trump made headlines by signing a series of controversial EOs that created a travel ban on nationals “from” seven primarily Muslim countries, eliminated visa interview waiver programs, suspended refugee programs, expanded removal grounds, eliminated federal funding for “sanctuary” cities, and directed the design and build-out of a wall at the United States/Mexico border. These EOs created discord among the government agencies that are charged with executing the EOs but were largely kept out of the drafting process. In addition, the EOs left employers scrambling to identify and support their impacted employee populations and cemented notions that the Trump administration has initiated a new immigration dialogue that will focus on enforcement and the impact of immigration on U.S. workers.

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ILN Today Post

PREFEITURA DE SÃO PAULO ADERE AO PROGRAMA EMPREENDA FÁCIL

A Prefeitura de São Paulo formalizou, no último dia 6, o lançamento do “Programa Empreenda Fácil”, cujo objetivo é facilitar a constituição e regularização de empresas no Município, organizando processos e reduzindo prazos e a burocracia.
Em sua maior parte, os procedimentos previstos no Programa serão efetuados por sistemas disponibilizados pela Prefeitura de São Paulo, suprimindo a necessidade de comparecimento dos empresários e representantes em diversas repartições públicas. Inicialmente o programa atenderá as empresas classificadas de “baixo risco”, consideradas como tal aquelas localizadas em edificações com área construída inferior a 1.500 m² ou instalados em área de até 500 m², que não demandem licenciamentos específicos. As empresas que tenham atividades econômicas classificadas de baixo risco, poderão obter a liberação de alvará automática, sem inspeção prévia.
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Recent Federal Decisions Confirm That DTSA Claims Must Follow Longstanding Pleading Standards

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As the law’s first anniversary approaches, federal courts continue to adjudicate claims arising under the Defend Trade Secrets Act (“DTSA”).  Enacted on May 11, 2016, DTSA provides the first private federal cause of action for trade secret misappropriation, allowing parties to sue in federal court for trade secret misappropriation.  Although the law is in its infancy, employers and legal practitioners filing complaints that assert DTSA claims must nevertheless adhere to longstanding rules of pleading set forth by the Supreme Court and the Federal Rules of Civil Procedure (“FRCP”).  Two recent decisions address this fundamental concept and serve as reminders that all complaints must follow basic pleading precepts.

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Week of March 13, 2017 on ILNToday – A Roundup

roundupTop of the mornin’ to you! This part-Irish lass wishes you all a happy and healthy St. Paddy’s Day, and is bringing you a great roundup of top posts from this week on ILNToday. But before we get to the content, we’d like to offer a very big congratulations to the ILN’s very own Eugenija Sutkiene, who was named European Managing Partner of the Year at last night’s awards ceremony by The Lawyer. This is a huge honor, and well-deserved, and we’re thrilled for Eugenija and her colleagues!

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