Monthly Archives: August 2018

ILN Today Post

WITHHOLDING TAX IMPLICATIONS ON PAYMENT OF TECHNICAL SERVICES FEE

One of the most common questions in an international transaction is the tax liability of the non-resident on the income proposed to be generated in India on provision of managerial, technical or consultancy services in India. In this article, we will be addressing the issue faced vis-à-vis a withholding tax implication on payments made to foreign collaborators for provision of technical services.

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ILN Today Post

Antitrust Safety Zone for Mergers Involving Small Hospitals

Statement 1 of the Statements of Antitrust Enforcement Policy in Health Care recognizes that small hospitals, particularly those in rural areas, may be unable to achieve cost savings through efficiencies, such as those that could be achieved by larger hospitals. Statement 1 also notes that, in many cases, a small rural hospital may be the only hospital in the relevant geographic market. As a result, Statement 1 provides an antitrust safety zone for mergers involving small hospitals; the antitrust enforcement agencies will not challenge transactions involving these small hospitals, “absent extraordinary circumstances.”

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ILN Today Post

Minnesota: High court strikes down tax on trust income from the sale of shares in Minnesota corporation

The Supreme Court of Minnesota recently struck down the State Tax Commissioner’s attempt to impose an income tax on trust income from the sale of shares in a Minnesota corporation.  The Court issued its opinion in Fielding v. Commissioner of Revenue on July 18, 2018, finding that the tax violates constitutional due Process protections against extraterritorial taxation.

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Creation of Courts of Cassation and Appellate Courts

On 30 July 2018, the Federal Constitutional Law № 1 FKZ “On amending the Federal Constitutional law «On the Judicial System of the Russian Federation» and certain Federal Constitutional Laws in regard to creating general jurisdiction courts of cassation and general jurisdiction appellate courts” dated 29 July 2018 was published. In respect thereof, the system of judicial review is changing. According to the new law, the judicial system will be as follows:

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ILN Today Post

Neil P. Di Spirito Joins Epstein Becker Green, Further Strengthens Firm’s FDA Capabilities

Washington, DC (August 16, 2018) – Epstein Becker Green (EBG) is pleased to announce that Neil P. Di Spirito, an attorney with more than two decades of experience advising pharmaceutical, medical device, biologic, and life sciences clients on compliance with U.S. Food and Drug Administration (FDA) regulations, has joined as a Member of the Firm in the Health Care and Life Sciences practice in the District of Columbia and Florida.

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ILN Today Post

Refining the band of reasonable responses test – an insight into fair dismissals

In this briefing we look at two recent Employment Appeal Tribunal (EAT) decisions relevant to dismissal:  In the first, Quintiles Commercial UK Ltd v Barongo, the EAT considered whether an Employment Tribunal had been correct in deciding that a dismissal for a first offence of misconduct had been automatically unfair where the conduct in question had been serious, but not “gross”, misconduct; Afzal v East London Pizza Ltd T/A Dominos Pizza, on the other hand, addressed the crucial question of whether the ACAS Code of Practice on Disciplinary and Grievance Procedures has wider application to dismissals for some other substantial reason.

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ILN Today Post

‘No oral modification clauses – firmly set in stone’

MWB Business Exchange Centres Ltd v Rock Advertising Ltd

The case of MWB Business Exchange Centres Ltd v Rock Advertising Limited saw the Supreme Court make a ruling on a fundamental issue in the law of contract.  It held that a clause in a contract that required modifications to that contract in writing and signed by the parties invalidated a subsequent oral agreement to amend the contract.

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ILN Today Post

Episode 17: The role of fiduciaries

On the 17th episode of MH Business Exchange, host Mike Witzke talks with McDonald Hopkins trust and estate attorney Roger Shumaker about fiduciaries: Who are they, what do they do, and how do they act?

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Periodical look at our Business Law Group’s activity

M&As, Financing and Business Transactions

Assisting a Canadian-based supplier of apparel, accessories and other merchandise, together with its affiliates, in concluding an Amended and Restated Credit Agreement with its bank. (Sharon G. Druker)

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ILN Today Post

Epstein Becker Green Attorneys Selected for The Best Lawyers in America 2019 and Four Attorneys Named “Lawyer of the Year”

New York, NY (August 15, 2018) – The following 38 attorneys from Epstein Becker Green (EBG) were recently selected by their peers for inclusion in the 2019 edition of The Best Lawyers in America©. Best Lawyers® compiles lists of outstanding attorneys by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate the professional abilities of their peers within their geographical and legal practice area.

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