Monthly Archives: August 2018

Talking Tax – Issue 129

ATO updates

Draft Guidelines for Enterprise Tax Plan

The ATO has issued draft Practical Compliance Guideline PCG 2018/D5(Draft Guideline) to provide clarity for corporate tax entities regarding the compliance and administrative approaches to determining the appropriate corporate tax rate or rate for dividend imputation purposes, applying to the last three financial years.

Read more

Read full article
ILN Today Post

Congratulations to attorney Michelle Wezner on her selection to Michigan Lawyers Weekly “Women in the Law” Class of 2018!

Royal Oak, Michigan, August 9, 2018:  Howard & Howard Attorneys PLLC is pleased to announce that attorney Michelle Wezner was selected to Michigan Lawyers Weekly “Women in the Law” Class of 2018. Now in its eighth year, the “Women in the Law” awards program honors 30 high-achieving, women lawyers in Michigan and their accomplishments. These women have a commitment to excellence in the practice of law, are inspiring and accomplished leaders in the profession, serve as mentors to other women, and contribute significant time and effort to volunteerism and/or pro bono.  The Class of 2018 will be honored at a special luncheon on September 20 at the Detroit Marriott in Troy.

Read more

Read full article

OIG Concludes IT Donation to Facilitate Telemedicine Consultations is Low Risk

The Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services issued Advisory Opinion No. 18-03 in support of an arrangement where a federally qualified health center look-alike (the “Provider”) would donate free information technology-related equipment and services to a county health clinic (the “County Clinic”) to facilitate telemedicine encounters with the County Clinic’s patients (the “Proposed Arrangement”).  The OIG concluded that although the Proposed Arrangement could potentially generate prohibited remuneration under the federal Anti-Kickback Statute (“AKS”) and Civil Monetary Penalties Law (“CMPL”) with the requisite intent to induce or reward referrals of federal health care programs, the OIG would exercise its discretion and not sanction the Provider or the County Clinic (collectively the “Requestors”).

Read more

Read full article
ILN Today Post

Feeling the chill in Europe

A new European regulation permits court orders to freeze bank accounts in Europe to enable cross-border recovery of debts. The European Account Preservation Order (“EAPO”) Regulation came into effect on 18th January 2017 and applies in all EU Member States except the UK and Denmark.

Read more

Read full article
ILN Today Post

Missouri Voters Kill Right-to-Work Law Signed into Law By Former Governor Greitens

On August 7, 2018, Missouri voters officially decided that Missouri will not join the majority of other states around the country to become a “right-to-work” (RTW) state. The controversial RTW issue, which Lewis Rice previously reported on here and here, emerged from a prolonged legislative process, only to be later overturned through Missouri’s rarely-invoked referendum process.

Read more

Read full article

Addressing Barriers to Change in Your Firm: People

 

 

 

 

 

 

Change can be intimidating.

Whether you find it exciting or not, even those of us who are the most adept at it can find it daunting and exhausting. In the legal industry, where change is historically slow, when it happens at all, it can be even more overwhelming. We’ve been talking an awful lot about it lately, and in light of what was revealed in the recent Altman Weil study, that there seems to be some “change fatigue” brought about by the challenges of shifting the thinking in your firm, it makes sense to start any discussion about change by talking about the people.

Read more

Read full article

OSHA Proposes to Roll Back Requirements from Electronic Reporting Rule

On July 30, 2018, the Occupational Safety and Health Administration (“OSHA”) published a notice of proposed rulemaking aimed at rolling back electronic reporting requirements that were implemented under a rule issued during the Obama administration (“Electronic Reporting Rule”). The Electronic Reporting Rule required employers with 250 or more employees, as well as employers in high risk industries, to electronically submit OSHA Form 300A (annual summary of work-related injuries and illnesses) by the end of 2017, and OSHA Forms 300 (log of injuries and illnesses) and 301 (injury and illness incident reports) by July 1, 2018.

Read more

Read full article

Establishment of Korea’s International Court for International IP Cases

 

 

 

 

 

IP cases, by their nature, proceed in more than one country simultaneously.  For instance, the patent lawsuits between Samsung and Apple have occurred at the same time in the courts of more than 10 different countries including Korea, the U.S., Germany, Japan, the Netherlands and Australia.  Because these cases are proceeding simultaneously, IP right holders are often placed in a situation where they have to determine in which country to file their claims, in order to yield the most favorable results. In this regard, courts all around the world attempt proactively to invite IP lawsuits and have been making efforts to provide environments that are suitable for IP litigation on a global scale.

Read more

Read full article

Payroll tax obligations of medical and healthcare providers

Do you operate or manage a medical or healthcare clinic? Does the clinic engage medical practitioners and professional (such as GPs, dentists)?

Read more

Read full article

Failure to consult about subjective selection makes redundancy unfair

As most employers will be aware, an employee dismissed due to genuine redundancy cannot claim unfair dismissal.  Under section 389 of the Fair Work Act 2009 (Cth), in determining whether a dismissal is a genuine redundancy the Fair Work Commission (FWC) is only required to consider whether:

Read more

Read full article