Blog Archives

EB-5 2017 – Where Are We Now?

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

Following the December 9, 2016 extension of the EB-5 Regional Center Program until April 28, 2017, there have been additional developments from an administrative, legislative and practical standpoint. Needless to say, the Program remains in limbo as to where it will end up and at what point in time legislation will be passed, especially considering the advent of a new administration and Congress. There could be final legislation current as of the April 28, 2017 deadline. That being said, given the change in administration and the political lobbying, related to the Program, that is taking place in Congress, there is no clear time limit as to when legislation will be finalized. What is apparent is that the situation is extremely complicated, with many political interests being represented that have yet to come to the table and resolve outstanding issues.

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West Palm Beach Partner Covers Construction Defect Law on “Legal News & Review” Radio Program

Josh Atlas

Photo Courtesy of Legal News & Review

Arnstein & Lehr LLP West Palm Beach partner Joshua Atlas made a year-end appearance on local AM radio show, Legal News & Review, where he discussed construction defect and construction lien issues. Mr. Atlas was joined by William Cornwell of Weiss, Handler & Cornwell, P.A., who covered class action lawsuits, and legal panel host Toni Kissel, who discussed traffic ticket law. Click here to listen to the segment.

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How to follow USCIS policy when investor is a minor

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

There has been a lot of recent discussion on an investment by a minor and how it is treated by USCIS, in addition to the corporate issues related. The key factors to be considered are the following:

  1. A minor can be an investor. This was verbally confirmed by one of the Deputies of USCIS to me personally at the Miami Stakeholders Meeting on July 28, 2016.
  2. The key component of a minor Subscriber is USCIS’s concern that the investment is not voidable or void.
  3. Generally, the state law stated in the Subscription Agreement and/or Operating Agreement would apply as to what law would determine the enforceability of the investment contract. This will be discussed below. Independently, I checked with Chinese counsel who acknowledged that a minor is generally under the age of 18 and that a parent can sign for a minor as a guardian providing there is proof of the parent’s capacity.
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SMOKE SIGNALS FROM SPECIMEN OF USE SUPPORT REGISTRATION REFUSAL FOR “HERB” SALES DESCRIBED IN APPLICATION

photo-1439902708487-91bcf15ceb27In a precedential opinion, the Trademark Trial and Appeal Board (“TTAB,” an administrative arm of the U.S. Patent and Trademark Office) affirmed the trademark examiner’s refusal to register HERBAL ACCESS for retail store services featuring “herbs.”  Although the application did not mention marijuana as one of the “herbs” being sold, applicant Morgan Brown’s specimen of use and web site home page contained enough evidence for the examiner to determine that he was indeed selling the federally banned substance.  In re Morgan Brown, Ser. No. 86/362,968 (TTAB July 14, 2016).

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City of Miami EB-5 Regional Center 2016 Conference Update

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

The City of Miami Regional Center held a regular presentation on “The Present and Future of the EB-5 Regional Center Program.” The uniqueness of the program involved the presentation of certain public/private partnership transactions being considered which were quite unique and exciting. These projects included the following:

  1. Miami Marine Stadium. This is an old, cherished relic of the City located on Key Biscayne that is in the process of being renovated and that will potentially utilize EB-5 capital up to $40 million.
  2. VA Facilities Near VA Hospital. A VA affiliate is in the process of undertaking a VA Village that is to provide for housing and other benefits to veterans. That is being highly supported by all government agencies and is likewise seeking EB-5 capital to fund the development of the project.
  3. The 10-Mile Underline Project. Miami has a Metrorail system that travels down U.S. 1, and like other cities, it is exploring the utilization of the land which has 100-feet width to develop various opportunities in the 10-mile stretch in a primary section of Miami-Dade County. This project potentially could involve capital expenditures in excess of $100 million and again, EB-5 capital is being considered in connection with this project.
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Illinois Employee Sick Leave Act and Its Impact on Employers

Kellie Y. Chen

Kellie Y. Chen

Employee Sick Leave Act

On August 19, 2016, Governor Bruce Rauner signed into law the Employee Sick Leave Act, Public Act 99-0841 (the Act), which goes into effect on January 1, 2017. The Act requires Illinois employers that currently provide sick leave for employees to allow employees to use their personal sick leave benefits for absences due to illnesses, injuries, or medical appointments of their family members. In short, under the Act, employees can use their personal sick leave for their family members’ medical needs just as they would be able to use their personal sick leave for their own illnesses or injuries.

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5th Edition of Employment Law Toolkit for Illinois Employers is Now Available

Employment Law ToolkitArnstein & Lehr LLP Chicago Partner, E. Jason Tremblay, has published the 5th Edition of his book entitled “Employment Law Toolkit for Illinois Employers – How to Protect Your Business From Liability and Comply with State and Federal Employment Laws.”

This 182-page book provides an excellent summary of federal and state employment and labor laws facing employers. It also serves as an excellent resource for employers, business professionals and entrepreneurs to protect themselves from employment and labor-related liability. Among other topics in this new edition of the Toolkit are trending topics such as the updated Fair Labor Standard Act regulations, restrictive covenant law developments, worker classification issues, as well as a wide range of other legal topics impacting employers in today’s litigious environment. 

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New Illinois Law Provides For Unpaid Child Bereavement Leave

Kellie Chen Kellie Y. Chen

On July 29, 2016, Governor Rauner signed the Child Bereavement Leave Act (the “Act”), making Illinois one of only two states (Oregon being the first in 2014) to require covered employers to provide unpaid leave in the event of the death of an employee’s child.  The Act, effective immediately, requires employers with 50 or more employees to provide employees with up to two weeks (10 working days) of unpaid leave, also known as child bereavement leave.

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USCIS Stakeholders Meeting Report – July 2016

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

This is a follow-up to the USCIS Stakeholder Engagement held in Miami, Florida on July 28.

In attendance from USCIS were the following personnel:

  • Nicholas Colucci, Director
  • Jan Lyons, Economist
  • Lori McKenzie, Deputy
  • Julia Hanson, IPO Deputy
  • Danielle Scott, Chief Intergovernmental Affairs
  • Eddie Pearson, Division Chief
  • David Leckenby, Division Chief
  • Steve Koch, Deputy Director of Miami District Office
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Paid Sick Leave is Coming to Chicago

E. Jason Tremblay

E. Jason Tremblay

On June 22, 2016, the Chicago City Council passed the Chicago Minimum Wage and Paid Sick Leave Ordinance (the Ordinance). Provided the Ordinance is signed into law by Mayor Rahm Emanuel (which is expected), the Ordinance will take effect on July 1, 2017. As discussed more fully below, the Ordinance will allow Chicago employees to accrue up to 40 hours of paid sick leave every 12 months.

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