Monthly Archives: January 2018

Davis Malm Attorneys Walk to the Hill for Civil Legal Aid

On January 26, 2018, Davis Malm attorneys joined nearly 700 lawyers, judges, and other legal professionals for the 19th Annual Walk to the Hill for Civil Legal Aid. The Davis Malm contingent was led by Daniel T. Janis and Samuel B. Moskowitz, and included C. Michael MalmHaritha D. AmbrosJames E. Gallagher, and Alicia R. Selman.

One of the largest lobbying events on Beacon Hill, the Walk to the Hill traditionally draws hundreds of lawyers to the State House to request their legislators’ support for civil legal aid funding. This year, the Equal Justice Coalition’s legislative funding campaign called on state lawmakers to provide $23 million in funding for the Massachusetts Legal Assistance Corporation (MLAC) line item in the Fiscal Year 2019 state budget.

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Joshua S. Grossman and Gary S. Matsko to Present at MCLE’s 17th Annual Business Litigation Conference

Mr. Matsko’s panel, “Unexpected Liabilities and Exposures,” will discuss unforeseen issues, including the role of the de facto merger doctrine in the sale of corporate assets, provide insight into how courts apply the de facto merger doctrine to avoid unfairness to stockholders or creditors, and analyze the conditions that may be imposed to avoid possible application of the doctrine.

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ILN Today Post

Stramning af praksis? – Ny afgørelse fra Højesteret om konkurskarantæne

Højesteret har den 11. januar 2018 afsagt kendelse, hvorefter den tidligere direktør i en konkursramt koncern idømmes konkurskarantæne. Kendelsen fastslår en pligt for ledelsen til at rette op på groft uforsvarlig forretningsførelse, ligesom det fastslås, at man i konkurskarantænesammenhæng ikke efter konkursdekretet kan reparere på forretningsførelsen ved forligsmæssige betalinger til boet/kreditorerne.

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ILN Today Post

Third party funders on the hook for indemnity costs

On 18 November 2016, the Court of Appeal brought an end to the long running Excalibur Ventures LLC v Texas Keystone Inc and others litigation, providing some useful guidance on the extent to which third party litigation funders may be liable to pay the costs of a successful defendant in a funded claim.   In short, funders may be liable for indemnity costs awarded against their funded clients even when they themselves have been guilty of “no discernible conduct”.  The court considered that the derivative nature of a funder’s involvement should ordinarily lead to it being required to contribute to costs on the same basis as the funded claimant.

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ILN Today Post

Your claim has been declined

In July 2017, the Competition Appeal Tribunal (CAT) refused to approve the proposed £14 billion class action claim against MasterCard on behalf of 46.2 million consumers who purchased goods or services from UK businesses which accepted MasterCard between 1992 and 2008.  The claim followed on from the EU Commission finding in 2007 that MasterCard’s default interchange fee (the fee charged between banks when processing card payments) was an anti-competitive agreement in breach of article 101 of the Treaty on the Functioning of the European Union, and resulted in higher fees being charged between acquiring banks.

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Compulsory Purchase Arbitration Event

HOMS Solicitors are delighted to host the 40th Chartered Institute of Arbitrators (CIArb) ADR Forum on Compulsory Purchase Order arbitrations at our Limerick office, Bishopsgate, Henry Street, Limerick on the evening of Monday 5th February, 2018. The speakers at the event are Siobhán Stack SC and Conleth Bradley SC and the event will be chaired by Michael Carrigan, Consultant Solicitor at HOMS. The event is free but pre-registration is essential. For further details on registration and the event itself, please contact Aoife Skehan, Associate Solicitor, at aoife.skehan@homs.ie or 061 445546.

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Rainmaking Recommendation from Jaimie Field: The Personal Legal Brand Series

Kicking off our 2018, Rainmaking expert and coach, Jaimie Field is bringing us a brand new series on personal branding!

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ILN Today Post

Associate partners Kadri Kallas and Sander Kärson promoted to partner, Peeter Viirsalu becomes associate partner

Associate partners Kadri Kallas and Sander Kärson have been promoted to partner, senior associate Peeter Viirsalu joins TGS Baltic partners circle as associate partner from January 2018.

Partners Kadri Kallas and Sander Kärson lead the M&A department, one of the firm’s fastest growing departments that has recently advised LHV Pension Funds in investing into Lithuanian cable television and Internet services provider Cgates, Citypark Estonia in selling its company to Modus Group, Estonian ICT research and development company Cybernetica in selling its navigation systems business unit to a Canadian listed corporation Carmanah, AK Systems in selling its IT services business to Telia Estonia, the largest IT and telecom company in Estonia, and Avia Solutions Group in acquiring one of the Estonian largest tour operators GO Adventure.

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ILN Today Post

Billion Dollar Career in Luxury Residential and Commercial Deals

With just over a week left in 2017, Leo G. Aubel of Howard and Howard Attorneys PLLC was busy closing some $50 million in luxury residential and commercial real estate deals. At 200 transactions a year, Aubel estimates he is well over $1 billion in residential real estate transactions for his career so far. The total may well have surpassed $2 billion with commercial real estate deals added in, he says.

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The road less travelled – companies’ by-laws can be customised

The “new” Civil Code, which entered into force more than two years ago, has made it possible for businesses to shape, in their own image, the regulations governing their organisation and operation. This opportunity has certainly captured the imagination of legal practitioners. All sorts of extreme ideas were mooted. For example it was suggested that a limited liability company (Kft.) could issue shares or other securities embodying members’ rights. The company courts soon put a dampener on things, however, creating the category of “status rules”: no matter how flexible the law, it still isn’t possible to depart from the rules that constitute the defining features of a particular form of business entity.

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