Monthly Archives: October 2018
Liability to account for future profits: an expansion of the available remedies for knowing assistance?
In its recent decision in Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited  HCA 43, the High Court has highlighted the expansive remedies that can be ordered against a party who is found to have knowingly assisted in a breach of fiduciary or statutory duty, including ordering an account of anticipated future profits not yet (and potentially not ever) derived. This decision serves as a warning to those who knowingly assist employees, directors or officers and other fiduciaries to breach their duties that the financial liability of such conduct may far outweigh the actual benefits received.
Pub’s gamble pays off: gaming machine entitlements deemed revenue expenditure
A humble Daylesford hotel is the latest battleground in the age-old capital v revenue tax battle.
Royal Oak, Michigan, October 11, 2018: Howard & Howard Attorneys PLLC is pleased to announce that Ryan T. O’Malley has joined the firm. He will practice out of the firm’s Las Vegas, Nevada office.
Songs and musical works have been protected under the intellectual property laws of the United States since the 1830s, and third parties who wish to use or perform songs written by others must first get permission from the songwriter to do so. However, sound recordings did not enjoy federal copyright protection until 1972, resulting in older songs being subject to a patchwork of state copyright laws governing recordings, and new song recordings being treated differently under the law than the songs themselves.
One important aspect of a chapter 11 case, whether the plan for the case is to reorganize and emerge from bankruptcy or to liquidate, is the preservation of pre-petition claims for prosecution after the plan is confirmed. If a claim is not properly preserved and transferred in the chapter 11 plan, the debtor risks losing the claim post-confirmation. The defendant may defend any such claim by asserting the claim is barred pursuant to res judicata or the debtor lacks standing to pursue the claim.
The American Clinical Laboratory Association (“ACLA”) challenged the final rules promulgated by the Department for Health and Human Services (“HHS”) pertaining to how the Medicare Clinical Laboratory Fee Schedule (“CLFS”) payment rates are established for laboratory services (Am. Clinical Lab. Ass’n v. Azar, No. 17-2645 ABJ, 2018 U.S. Dist. LEXIS 161639, 2018 WL 4539681 (D.D.C. Sept. 21, 2018)). The U.S. District Court of the District of Columbia granted HHS’ motion for summary judgment to dismiss the complaint after concluding that the court lacked subject matter jurisdiction to hear the case. This is a significant set-back for the laboratory industry that has been fighting against the reductions in Medicare reimbursement under the new payment methodology, but it is not the end of the road.
Since January this year, it’s been more difficult than ever to litigate in Hungary. Courts have been rejecting countless petitions, filed by even the most experienced lawyers, citing professional inaccuracies or formal errors. The stringent policy is likely to prompt parties with grievances to use alternative forums for the settlement of disputes.
As one of the largest networks of experienced attorneys in the world, the International Lawyers Network is pleased to announce that Martinez Berlanga Abogados in Mexico City, Mexico have joined the association. An independent, regional law firm, Martinez Berlanga Abogados provides clients with general corporate, restructuring, corporate finance, mergers and acquisitions, joint-venture, cross border transactions, real estate, local and cross border trust structures and testamentary successions, as well as regulatory advice.
October 10, 2018 — Establishing a Business Entity: An International Guide, published by the International Lawyers Network [ILN], provides a concise description of the conditions and procedures for the creation of a business in 41 countries.