News

Utah Hopes That Third Time’s a Charm for Non-Compete Statute

The State of Utah on March 22, 2019 returned to the topic of non-competes for the third time in three years. It had passed that statute in 2016 (as we noted), and then amended in 2018 (as we also discussed here earlier), and now is at it again, by amending it once more. Maybe they are hoping that the third time’s a charm, as they say.

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Davis & Gilbert is proud to welcome Julie M. Makowski to the firm’s Corporate Practice Group

Julie Makowski is an associate in the Corporate Practice Group of Davis & Gilbert. She is involved in all aspects of the firm’s corporate practice, with an emphasis on mergers and acquisitions and general commercial matters. Ms. Makowski also assists clients in structuring and negotiating employment and non-competition agreements, purchase agreements, shareholder agreements and other general corporate matters.

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Tate Modern: A story of legal nuisance, glass walls and net curtains

It is established law that a claim can be brought by one landowner against his neighbour in “nuisance”. Such a claim can arise in the event that the neighbour is doing something on his land which is causing a problem to the first landowner.

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Breaking Brexit: Updates on the “no deal” scenario and how it will affect your European trademark rights

Since its June 2016 vote to leave the European Union (EU), the United Kingdom (UK) has struggled to agree on terms to implement a “Brexit” from the EU. As the looming March 29, 2019, deadline for the UK’s departure approached, the EU voted last week to delay Brexit and give the UK more time to agree on an exit plan. Depending on certain decisions within UK Parliament this week, the new Brexit date will either be April 12 or May 22 of this year.

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A Director’s Duty

When a company is solvent, the primary duty imposed on directors is to promote the success of the company for the benefit of its shareholders.  This duty is codified at section 172(1) of the Companies Act 2006. However, that position changes when a company is insolvent, or close to insolvency.

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Kommersant Newspaper: Lidings Among TOP 10 Leading Legal Advisor in Russia

Lidings law firm keeps its leading position in the ranking of the most prominent legal advisors in Russia based on the analytical research held annually by the Kommersant newspaper.

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CMS Attempts to Curb Fraud in the HHA Industry by Limiting HHA Reimbursement

Despite recent welcome news to the home health agency (“HHA”) industry in Florida, Illinois, Michigan, and Texas following an end to Centers for Medicare & Medicaid Services’ (CMS’s) long-standing HHA provider enrollment moratoria, CMS subsequently announced that it would place some newly enrolled HHAs in a provisional period of enhanced oversight. The purpose of the enhanced oversight period and the corresponding additional restrictions placed on certain HHAs is to help CMS address and closely monitor fraud, waste, and abuse concerns in the HHA industry, thus signaling CMS’s ongoing industry-wide scrutiny.

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Centers for Medicare & Medicaid Services Proposes Changes to the Methodology for Calculating Medicare Advantage/Part D Civil Money Penalties

On March 15, 2019, the Centers for Medicare & Medicaid Services (CMS) released proposed changes to its methodology for calculating Civil Money Penalties (CMPs) for Medicare Advantage (MA) and Part D Prescription Drug Plan (MA and Part D) sponsors.  The proposed changes would impact both the calculation methodology for 2019 as well as the CMP amounts for 2019 and beyond in an effort to increase plan accountability.  CMS is accepting comments on these proposed changes until April 15, 2019 at 11:59 PM ET.

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International Lawyers Network Welcomes New Member Firm in Taiwan

We’re thrilled to welcome our newest member firm into the ILN, Lee and Li, Attorneys-at-Law, Taiwan. The firm are leaders in their local and Chinese markets, strengthening our position in Asia. As business needs continue to grow globally, law firm clients require access to an experienced legal support system. “Lee and Li is comprised of talented legal professionals,” said Alan Griffiths, ILN Executive Director “and with an impeccable reputation for being creative, business-focused and responsive, they are an ideal ILN member firm.”

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Hall & Wilcox lawyers named as 2020 Best Lawyers in Australia

Leading independent business law firm Hall & Wilcox is pleased to announce 49 lawyers have been recognised in the 2020 Best Lawyers in Australia list, as published in today’s Australian Financial Review.

Best Lawyers is a peer review guide to the legal profession worldwide. Lawyers are reviewed by their peers based on professional expertise and likelihood to refer work and are divided by location and practice areas.

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