ILN Today Post

Trademark protection in the new domain frontier

My January 2011 column addressed the importance of trademark protection for names of PR firms. This topic is particularly important now, due to two new developments involving domain names. PR agencies that have not already filed a federally registered trademark in the name of their firm now have an added reason to do so.

The worldwide Internet domain name system is coordi- nated by a nonprofit entity called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN recently implemented two new domain name suffixes known as generic top-level domains (gTLDs). Perhaps the most familiar gTLDs are “.com,” “.org,” “.net,” and “.edu.” ICANN just introduced two new suffixes – .XXX gTLD and the unique or branded gTLD, in addition to the familiar and traditional suffixes previously mentioned.

For the full article, please click here.

 

 

Read full article
ILN Today Post

Ohio Statehouse Update: Week in review — September 23, 2011

1. Governor holds Energy & Economic Summit

Governor Kasich this week held his 21st Century Energy & Economic Summit at The Ohio State University, produced by Battelle Memorial Institute. The Governor criticized the federal government for not having an energy policy and said that the Summit was meant to be the beginning of a comprehensive, jobs-friendly energy policy for Ohio. He indicated that he would not favor one energy industry over another, noting that some reporters have tried to get him to say that he would like to do away with the renewable energy standards included in Senate Bill 221 from the 127th General Assembly, which require that 25 percent of the state’s electricity come from alternative energy sources by 2025. The Governor said that the state needs wind and solar energy, but that they must be realistic about the cost and availability of these sources.

Read full article
ILN Today Post

Tax Alert: IRS rolls out worker classification program…

Does your business have an independent contractor issue?

There has been significant focus by the IRS and other governmental agencies over the last few years on whether businesses are appropriately characterizing workers as employees or independent contractors.  The IRS has unveiled a new voluntary compliance program to help businesses that have improperly classified their workers as independent contractors.  Under this program, employers who voluntarily change the classification of their workers from independent contractors to employees will essentially not be penalized and will not be subject to audit for prior years.  The terms of this new program are very favorable and should be considered by any business that has an independent contractor whose status as such is questionable.

To qualify for this program, the business must:

Read full article
ILN Today Post

TARK GRUNTE SUTKIENE advised in the implementation of AB SANITAS share acquisition transaction, one of the major and most successful mandatory takeover bids of recent years

Vidmantas DrizgaDeimantė KorsakaitėMantas Gofmanas

TARK GRUNTE SUTKIENE acted as legal advisors of Valeant Pharmaceuticals International, Inc. in submitting and implementing a mandatory takeover bid to buy up the remaining voting shares in AB SANITAS.

In the course of the mandatory takeover bid, the value of the bought-up shares constituting 79.32 per cent of the company’s shares subject to the mandatory takeover bid totalled EUR 19,804,428 (LTL 68,380,729).

In this process TARK GRUNTE SUTKIENE, i.e. partner Vidmantas Drizga, senior associate Deimantė Korsakaitė and associate Mantas Gofmanas, were legal advisors to the offeror in drafting the prospectus of the takeover bid, as well as all other documents related to the project, represented the offeror before the Securities Commission of the Republic of Lithuania, AB NASDAQ OMX Vilnius, and performed any other actions necessary in connection with the takeover bid.

The takeover bid was announced after the implementation of the transaction on the acquisition of 87.2 per cent of AB SANITAS shares by Valeant Pharmaceuticals International, Inc. represented by TARK GRUNTE SUTKIENE.

Read full article
ILN Today Post

Tark Grunte Sutkiene counselled Cgates in the acquisition of Mikrovisatos TV

TARK GRUNTE SUTKIENE counselled UAB Cgates in acquiring 100 per cent stake in UAB Mikrovisatos TV, a major provider of pay TV services in Lithuania. In 2010, the consolidated turnover of UAB Cgates amounted to LTL 30 million and UAB Mikrovisatos TV achieved the turnover of LTL 20 million. After the acquisition, UAB Cgates will become the second largest provider of pay TV and fixed broadband Internet services in Lithuania after TEO and will have 180 thousand subscribers.

The lawyers of the law firm TARK GRUNTE SUTKIENE performed legal due diligence, drafted and harmonised transaction documents, drafted a notification of concentration, coordinated the signing process and will represent the client at closing. Partner Marius Matonis and senior associate Aurimas Pauliukevičius ran the counselling process.

Read full article

Labor Board Takes Another Step into Management Decision Making

By: James S. Frank and D. Martin Stanberry (Admission Pending)

On August 23, 2011, the National Labor Relations Board (“Board”) ruled that a hospital whose nurses are represented by a union does not have the authority to unilaterally implement an employee flu vaccination program because, in the Board’s view, ensuring patient safety is not a core purpose of the enterprise.  Virginia Mason Hospital, 357 N.L.R.B. No. 53 (August 23, 2011).  Specifically, the Board rejected the employer’s reliance on what is known as the “Peerless defense,” and held that the National Labor Relations Act (“NLRA”) prohibits a hospital from implementing public safety programs without first bargaining over the proposal with a union that represents its employees.

Read full article

Get Ready for the Summary of Benefits Coverage under PPACA

On March 23, 2012, another requirement under the Patient Protection and Affordable Care Act (the “Act”)  will be effective-the requirement to provide group health plan participants and beneficiaries with a summary of benefits coverage that accurately describes the benefits and coverage available under the plan and a uniform glossary of terms (“SBC”).  These requirements were incorporated under the Internal Revenue Code and ERISA (in addition to existing summary plan description requirements).  Under currently proposed regulations, health insurance issuers will also be required to provide this type of information to group health plan sponsors at the time of application or request for information regarding coverage within seven days of the request (including an obligation to update such information should it change); this information must also be provided upon renewal (30 days in advance of a new policy year in a case of an automatic renewal).  

Read full article
ILN Today Post

FTC SEEKS COMMENTS ON PROPOSED REVISIONS TO CHILDREN’S ONLINE PRIVACY PROTECTION RULE

The Federal Trade Commission (FTC) is seeking public comments on proposed amendments to the Children’s Online Privacy Protection Rule (the Rule), which gives parents control over what personal information websites may collect from children under 13 years of age.

Specifically, the Rule imposes certain requirements on operators of websites or online services directed to children under 13 years of age and operators of websites or online services that have actual knowledge that they are collecting personal information online from children under 13 years of age (collectively, operators). Among other items, the Rule requires that operators provide notice to parents and obtain their verifiable consent prior to collecting, using, or disclosing personal information from children under 13 years of age.

Click here to read the full alert >>

Read full article
ILN Today Post

NCCP ACT amendments – hardship, leases, reverse mortgages, and small amount lending

NCCP ACT amendments – hardship, leases, reverse mortgages, and small amount lending

By Jon Denovan of Gadens Lawyers, Sydney

Amendments to the National Consumer Credit Protection Act 2009 are likely arising from the Consumer Credit and Corporations Legislation Amendment (Enhancements) Bill 2011(Cth) presented to the Commonwealth Parliament on 21 September 2011.  The key changes are summarised below.  The changes are intended to commence on 1 July 2012.

read more…

 

Read full article
ILN Today Post

Environmental Alert: The President abandons a tighter Ozone Standard: What it means

What it means

On Friday afternoon, September 2, 2011 of Labor Day weekend, President Obama made a surprising announcement. His administration decided to abandon the proposed tightened Ozone Standard by which we measure the country’s air quality, thereby suggesting that the haze in those lazy, hazy, crazy days of summer would be with us at current levels for two more years. Environmental groups saw the President’s decision as a betrayal and capitulation to congressional and business pressures. Business and manufacturing groups saw the decision as the only logical choice in a job-strapped economy.

 

What is the Ozone Standard?

Read full article