Regions

Attorneys and gifts

The Public Guardian’s new ‘Practice Note PN7: giving gifts’ is a must-read for any attorney appointed under an Enduring or Lasting Power of Attorney, or deputy, faced with the thorny issue of whether they can use the incapable donor’s funds in a transaction which is not for value – such as a payment by way of gift or to meet a person’s needs.

An attorney’s ability to make gifts is severely limited by the Mental Capacity Act 2005. An attorney must not make a gift from the donor’s funds unless it is made on a customary occasion for making gifts within families or among friends (Christmas, weddings etc).  It must be made only to someone related or connected to the person or to a charity that the donor would have supported, and be of a reasonable value in all the circumstances and given the size of the person’s estate.  Acting outside these constraints can land the attorney in varying degrees of hot water.

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Medicare Secondary Payer Compliance: An Introduction (Part I)

This post is the first in a series from Epstein Becker Green on the growing area of enforcement of the Medicare Secondary Payer Act (MSP). There has been a recent growth in enforcement actions and regulatory interest that may not have yet attracted the attention of many providers and traditional and non-traditional payers. Noncompliance with the MSP can result in monetary penalties and government enforcement action. In particular, the MSP is garnering attention as an enforcement tool under the False Claims Act (FCA).  This series of blogs provides a general overview of the MSP, discusses requirements for compliance for differing entities, describes recent MSP enforcement actions under the False Claims Act (FCA), and sets forth  key takeaways to potentially reduce liability.

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Protecting Trade Secrets When Traveling Abroad with Electronic Devices

Our colleague Daniel R. Levy, at Epstein Becker Green, has a post on the Trade Secrets & Employee Mobility blog that will be of interest to our readers: “It’s a Brave New World: Protecting Trade Secrets When Traveling Abroad with Electronic Devices.

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Living in Splendid Isolation: Ten Lessons Learned Enforcing an Ontario Judgment in Mexico

Introduction

This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico.

More than 25 years ago, the Supreme Court of Canada’s decision in Morguard Investments Ltd. v. De Savoye[1], represented a sea change in the way Canadian courts recognized and enforced foreign judgments.  The “foreign” aspect of Morguard involved British Columbia plaintiffs seeking to enforce an Alberta judgment.  Writing for the court, Justice La Forest rejected the centuries’ old principles regarding recognizing and enforcing foreign judgments which were anchored in the concept of territoriality.  He held that modern states like Canada should no longer live in “splendid isolation” from the rest of the world and should give effect to judgments made in other countries.  In arriving at its conclusion, the court relied heavily upon the concept of comity which had been adopted by the Supreme Court of the United States.  It held that comity would “impel sovereigns to mutual intercourse”. 

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Once again, Normand Laurendeau is in the media

February 15, 2018 — Today’s edition of Montréal daily Le Devoir discusses the application of the provisions of the Highway Safety Code on the protection of cyclists. Normand Laurendeau’s comments are quoted in support of the journalist’s findings.

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SEVENTEEN HOWARD & HOWARD ATTORNEYS NAMED TO ILLINOIS SUPER LAWYERS AND ILLINOIS RISING STARS 2018

Chicago, Illinois, February 14, 2018:  Howard & Howard Attorneys PLLC is pleased to announce that seventeen of our attorneys have been named to Illinois Super Lawyers® and Illinois Rising Stars 2018. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. Only five percent of the attorneys in Illinois were named to the Super Lawyers list and two and one half percent to Rising Stars.

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Restrictive covenants; do they mean I can’t redevelop my property?

Developers often identify land that looks good for development on the face of it, only to discover that there are restrictive covenants preventing the land from being developed or used in the way they would like. This can be incredibly frustrating; especially where the restrictive covenants are historic and the interests they seek to protect appear to be of limited modern relevance.

In this article I will explore what a developer can do when confronted by such a restrictive covenant. I have used “beneficiary” to describe the party with the benefit of the restrictive covenant and “you” to describe the developer.

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A tale of Two Right Feet: indemnity costs for baby business

The tale of Two Right Feet Limited reminds us of the importance of investigating and considering the merits of a claim prior to commencing proceedings, and the dangers of forging ahead with speculative litigation.

In July 2017 a judgment of the High Court of Justice in Two Right Feet Limited (In Liquidation) v National Westminster Bank Plc, Royal Bank of Scotland Plc, KPMG LLP[1] ordered Two Right Feet Limited, an insolvent online baby products business (previously featured on BBC’s Watchdog), to pay indemnity costs of the three defendants.

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Normand Laurendeau quoted in the Journal du Barreau

February 13, 2018 — The latest edition of the Journal du Barreau, the monthly magazine of the Quebec Bar, features on pages 26 and following a paper on the upcoming reform of the Highway Safety Code, announced in December. The text is highlighted with comments by Normand Laurendeau, an expert on transportation law.

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Judge Rules GrubHub Delivery Drivers are Independent Contractors under California Law

Our colleagues , at Epstein Becker Green, have a post on the Wage and Hour Defense Blog that will be of interest to many of our readers in the hospitality industry: “Labor Issues in the Gig Economy: Federal Court Concludes That GrubHub Delivery Drivers are Independent Contractors under California Law.”

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