Member Articles
- Planning to develop land?
- National Policy Statement for fresh water reforms
- Decade of aquaculture roadblocks soon to be lifted
- New Environmental Protection Authority established The Government is continuing to work through its environmental reform agenda at a brisk pace. This month it has finalised a National Environment Standard for contaminants in soil and a National Policy Statement for Fresh Water. Significant progress has also been made on two key pieces of legislation this month, with the Aquaculture Amendment Bill passing its second reading and the Environmental Protection Authority Act passing into law... |
Update: Equal rights to survivor’s benefits for civil partners? Last year, we reported on the Employment Tribunal’s decision in Walker v Innospec Limited (ET 2411316/2011) that a pension scheme’s failure to provide survivor’s benefits for civil partners equal to those provided for spouses was unlawful discrimination... |
Your Contracts: a Systematic and Disciplined Approach is Called for
Every day, and several times a day, we enter into contracts without knowing it or without considering and controlling their effects. This bulletin provides a brief and non-exhaustive summary to help you better understand, prepare for and monitor your contractual environment... |
"A Cost-Effective Approach to Protecting Innovation in Healthcare" by Nate Bailey and Nicolo Davidson Executive Nashville With healthcare costs expected to soon exceed twenty percent of the United States economy, the healthcare industry represents fertile ground for innovation. From medical devices and pharmaceuticals to methods for managing patient data, new technologies continue to improve patient care and outcomes. Such innovation is vital for ensuring that the healthcare industry continues to meet the demands of aging populations in the 21st century.http://executivenashville... |
"Additional Rent" and a Tenant's "Proportionate Share"
Most commercial leases contain terms that require tenants to pay additional rent. Additional rent is usually a share of the costs and charges incurred to operate the property. These costs can include municipal taxes, insurance premiums, repair and maintenance costs and common area utility charges. In any given year, these charges change and fluctuate. Landlords often provide an annual estimate which tenants pay subject to a year-end reconciliation... |
"Anti-Money Laundering - Argentine Chapter" (published in Getting the Deal Through, Anti-Money Laundering Guide 2015). Domestic legislation1. Domestic law.Identify your jurisdiction’s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws. Law 25,246, enacted in 2000, was the first to regulate both criminal money laundering (by means of inclusions of specific money laundering and terrorism financing offences in the Argentine Criminal Code (ACC) and antimoney laundering provisions... |
"Blockchain Technology and Applications for Healthcare" Kristen Johns on the Nashville Medical News blog The underlying technology behind the digital currency, Bitcoin, is piquing interest across Nashville’s healthcare industry, largely due to its potential to change the way data is shared. Blockchain, or distributed ledger technology, is a decentralized database that securely records transactions and can also allow for the transfer of an asset such as data or currency.https://nashvillemedicalnews... |
"Commission Free to Gag" Last week the Court of Appeal confirmed the extensive nature of the Commerce Commission’s (Commission) gagging powers. The scope of such powers may come as a surprise to many. On 10 March the Court of Appeal allowed the Commission’s appeal and rejected Air New Zealand’s (Air NZ) cross appeal in the “gagging orders” case... |
"False" Self-Employment and the Gig Economy - Where are We Now? The question of 'employment status', continues to concern many employers working within today's 'gig economy'. The UK Supreme Court recently provided guidance on the correct "label" to be bestowed on 'gig economy' workers. Pimlico Plumbers recently lost an appeal in the UK Courts against a finding that one of its plumbers was a "worker" for the purposes of relevant UK employment legislation – not a self-employed independent contractor... |
"How to De-stress a Distressed Senior Living Company" Co-Authored by Jeffery D Parrish and John C Tishler External pressures, such as lower reimbursement rates and an overall shift in policy by the Centers for Medicare and Medicaid Services (CMS) and state Medicaid agencies have put significant financial and operational pressure on skilled nursing and other senior living operators in the United States... |
"Hurricane Harvey" and the Winds of Change Have we reached the tipping point in the fight against sexual harassment in the workplace? In late August 2017, Hurricane Harvey struck the Caribbean and the United States, causing unprecedented devastation and destruction. Less thantwo months later, a very different “Hurricane Harvey” followed, one that precipitated a renewed global consciousness over issues of sexual harassment... |
"How to Transform International Registrations Under the Madrid Protocol" By Robert P Felber Jr INTA Bulletin The Madrid system for the International Registration of trademarks is a convenient and economical system for applicants in member countries to secure trademark registrations in other member countries throughout the world. There are 98 contracting parties to the Madrid Protocol, covering 114 countries, including the United Kingdom, the United States, Mexico, China, and much of Europe and the Pacific Rim (http://www.wipo.int/madrid/en/)... |
"Mining Royalties: Constitutionality: does it really matter?" Congress has approved a senseless motion, which has been baptized as "royalties" and which has no relation with such institution. Therefore, it has been proven that there are many who have lack any knowledge regarding the Constitution or mining laws. Neither the Constitution nor mining regulations allow distributing "royalties" as own resources. For sure, the Chileans are now celebrating a national holiday. Members of Congress must act within the limits established by the Constitution (Art... |
"Limiting Liability Exposure for a Private Family Trust Company" by John Bunge Waller Private Family Trust Company Research Provisions in a trust instrument can expressly limit and define the scope of the PFTC’s fiduciary duties, including the Prudent Investor Rule and the duty to inform and report. Generally, the ability to limit fiduciary duties is subject to “mandatory” rules dictated by state statutes or common law. Some states have stringent mandatory rules, while other states seek to maximize the trust settlor’s freedom of disposition and freedom of contract... |
"Peer-To-Peer" Insurance: A Grassroots Revolution? After the hospitality sector, transportation of passengers and corporate financing, insurance could be the next sector to see its business model influenced by the sharing economy. In the past few years, numerous start-up companies have launched businesses in "peer-to-peer" ("P2P") insurance on risksharing platforms, claiming to reduce bureaucracy and costs, and insure risks not covered by the traditional markets... |
"Night of the Living Trademark Zombie Trademarks in the United States" by Robert P Felber Jr and Julian L Bibb IV INTA Bulletin The February 2016 resolution of the five-year-old trademark dispute between Macy’s Inc. and Strategic Marks, LLC in the United States District Court for the Northern District of California (Macy’s Inc. et al. v. Strategic Marks, LLC, Case No. 15-0612, N.D. Cal. 2016) is a reminder that zombie trademarks still walk among us... |
"Twenty Years" is Actually "Six Years" for Contractors and Manufacturers in North Carolina This year the North Carolina Court of Appeals issued an opinion that effectively nullifies many construction warranties. In Christie v. Hartley Construction, Inc., et al., No. COA12-1385, the Court limited warranties for construction defects to six years, even when the contractor or product manufacturer expressly provides a longer one. Plaintiffs George and Deborah Christie contracted for the construction of a custom home in Chapel Hill, North Carolina, in 2004... |
"Passthrough Partner Personal Goodwill and Passthrough Entities" by J Leigh Griffith Taxes - The Tax Magazine Generally when a successful business is acquired, whether by an asset acquisition or an equity acquisition, the assets will includeboth tangible and intangible property. When an entity conducting a business is liquidated, the tangible and intangible assets of the entity are distributed to the owners. Often, one very valuable intangible that does not appear on the balance sheet is goodwill... |
#MeToo: It May Be Happening in Your Workplace Too The resurgence of the #MeToo campaign highlights that sexual harassment comes in all variations, affects all classes of people, and cuts across all industries. While employers could dismiss the social media moniker as a “them” not an “us” problem, they do so at their peril. People, some of whom may be your employees, are talking, posting, and tweeting, and employers would be wise to listen and revisit their anti-harassment policies... |
"Private Family Trust Companies Find New Homes in Tennessee" by Richard A Johnson Family Office Elite Magazine Since 1999, when it was an early adopter of the state banking regulators’ model private trust company act, Tennessee has earned a reputation for responding to the sophisticated trust and financial needs of ultra-high net worth families and their private offices... |
#NotHere: 5 Steps to Prevent Harassment in the Workplace in Wake of the #MeToo Movement One year later, the #MeToo movement has caused a seismic cultural shift in American society and in the workplace. It continues to gain momentum and attracts wide-sweeping media coverage keeping the issue of sexual misconduct against women at the forefront of our national dialogue... |
"QAPI Spells Success for SNFs" Jeff Parrish in McKnight's Long-Term Care News The skilled nursing sector has seen a significant number of facility divestitures and closures in the last few years. Quite frankly, this negative trend is due in part to a reluctance by some operators to implement clinical-based care standards and a lack of honest self-evaluation to improve the clinical care provided at skilled nursing facilities. Outdated operating models – solely meeting the basic needs of patients – does not bode well for SNF operators to survive... |
$39 Million Jury Verdict in False Claims Act Suit against Tuomey Healthcare Last week, a federal jury in South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act by submitting false claims for reimbursement to the United States, resulting in $39 million in damages to the government. United States ex rel. Drakeford v. Tuomey Healthcare Sys., Inc., No. 3:05-2858-MBS (D.S.C. May 8, 2013)... |
"Series LLCs Part 2 - Current Status Multi-State Issues and Potential Uniform Limited Liability Company Protected Series Act" By J Leigh Griffith and Alberto R Gonzales Taxes - The Tax Magazine Although its emergence on the business scene is fairly recent, the Series LLC has been gaining popularity as a business entity. Under the Series LLC umbrella, this entity is able to create multiple Protected Series, each with its own separate rights, powers, assets, obligations, business purposes and associated members... |
$8 Million Awarded to a Quadriplegic Hockey Player: The Court of Appeal Confirms the Superior Court's Decision Last May 2, the Court of Appeal granted a motion to dismiss an appeal against a significant decision in the area of civil liability in the context of the practice of a sport.1Decision at trial2 The facts in the case date back to October 3, 2010. A few seconds after the start of a hockey game between two junior teams, the plaintiff, Andrew Zaccardo, was violently body checked from behind by the defendant Ludovic Gauvreau-Beaupré, a player on the opposing team... |
"Passthrough Partner Cancellation of a Nonlapse Restriction Compensation Surprise" by J Leigh Griffith Taxes - The Tax Magazine A large percentage of closely held businesses restrict or even prohibit the owners’ ability to transfer their equity interests. Often these restrictions require the owner to sell the equity back to the entity or the other owners at a formula value, for example, book value, that is not anticipated to be a true fair market value. These and other permanent restrictions on equity interests are called nonlapse restrictions because by their terms they never go away or “lapse... |
(Almost) Year-End Tax Alert In response to the current state of the economy, Congress has passed some tax legislation amending the Internal Revenue Code (the “Code”). Although it is up for debate, some would say that Congress has not been busy enough. As we near the end of the year, many taxpayers and their advisers are going through their usual year-end tax planning checklist... |
"Watering Down the Risk of Data Breaches" by Steve Blumenthal Nashville Business Journal I’ve had bad experiences with water. Pouring out of broken washers and gushing from burst pipes, water has repeatedly defied my attempts to keep it contained. But I need water, so I maintain my plumbing, use water sensibly, and, if I suffer a leak, I clean up the mess and go on. Why am I talking about water? Modern businesses need data, like we need water... |
...And Then There Was One: The Outlook for a Self-Regulatory United States Germany. November 9, 1938. Kristallnacht. “The Night of Broken Glass.” Nazi secret police and the Hitler youth swarm over Jewish businesses and homes, terrorizing and victimizing helpless individuals all over the country.1 SS leadership orchestrates attacks on every vestige of Jewish culture as “punishment” for fictitious crimes that will never be recognized by the rest of the world... |
"Will Growth Consolidation Lead Residential Addiction Treatment Industry to Police Itself in Terms of Ethics & Marketing" by Colbey Reagan Nashville Medical News At this year’s annual meeting of the National Association of Addiction Treatment Providers in Austin, there was a clear divide on display between the “old school” and the “new school” during a session on electronic marketing strategies. The number of residential addiction treatment providers operating in the United States has exploded since the passage of the Affordable Care Act in March 2010... |
.XXX Domain Registry Begins Accepting Opt-Out Applications Beginning today, September 7, 2011, owners of registered trademarks can file applications to block third parties from registering adult-oriented .XXX domains that contain their marks. This “Sunrise” period runs through October 28, 2011. Opt-out applications can be submitted using any .XXX accredited registrar. The current list of accredited registrars is available here. Registars’ fees vary but typically range from $200 to $500 per mark... |
"Provisional Patent Applications A Cost-Effective Approach for Protecting Innovation" by Nate Bailey TICUAWaller Legal Notes Institutions of Higher Education serve a key role in fostering new ideas and spurring innovation. Recognizing the value of such innovation, the Bayh-Dole Act of 1980 permits universities to own patents directed to the technologies they develop. While some large research institutions pursue patents to protect their inventions, many colleges and universities forego patent protection based on the perception that patent applications are cost-prohibitive. http://www.ticua... |
.XXX Marks the Spot? Trademark Owners Can Block the Use of Their Marks in .XXX Domains First proposed more than a decade ago, .XXX top-level domains have now been approved and will be launching shortly. The domains are intended for use by the adult entertainment industry, but for trademark owners in other industries, the potential association of their valuable brands with .XXX domains could have serious consequences. Fortunately, owners of registered trademarks can soon apply to block third parties from registering .XXX domains that contain their marks. The ... |
"TTAB Highlights Importance of Filing Cancelation Petitions on Tim" by Julian L Bibb IV INTA Bulletin In a precedential decision (June 7, 2016), the U.S. Trademark Trial and Appeal Board (Board) held that when a petitioner files a petition to cancel an existing registration when the registration is less than five years old, the five-year bar in the Lanham Act Section 14 (15 U.S.C. Section 1064) is tolled for the purpose of adding an additional claim against that registration.Ashland Licensing & Intellectual Property LLC v. Sunpoint International Group USA Corp... |
‘Do You Yahoo!’? So, I confess to being old enough to remember the ‘Do You Yahoo!’ television adverts of the 1990s… A certain comb over look that was replaced by a not insubstantial afro wig, a talking dolphin – ring any bells?Regardless, for many of us Yahoo! was the place where we started our online adventures... |
"What Anesthesiologists Need to Know About Enforcement of Non-Compete Agreements" by Amanda K Jester and Ashleigh VanLandingham Anesthesia Communique On May 5, 2016, the White House issued a report citing a variety of issues with the use of non-compete agreements advocating for non-compete reform at the state and federal level.1 According to the White House report, with respect to healthcare services (i.e., physicians, nurses, psychologists, social workers and other medical professionals), noncompetes have the potential to interfere with the quality of care by restricting consumer choice... |
‘Freezing’ Bank Accounts Across Europe: The European Account Preservation Order (EAPO) accounts throughout Europe with one single order. EU Regulation 655/2014 of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters (‘EAPO Regulation’) came into force on 17 July 2014 and applies from 18 January 2017... |
"Series LLCs Part 1 - Current Status Multi-State Issues and Potential Uniform Limited Liability Company Protected Series Act" By J Leigh Griffith and Alberto R Gonzales Taxes - The Tax Magazine The Series Limited Liability Company (“Series LLC”), a variation of the traditional limited liability company (LLC), is the newest entity enterprise on the business scene today.1 Within this legal entity, separate “series” or “cells” can be created and established under the umbrella of a single LLC... |
‘Human’ Influenza and Its Repercussions on the Mexican Industry a) Influenza and the social impact it had on Mexico and the World Despite the fact that mankind, especially the scientific community, already expected an influenza pandemic, as the ones that are repeated every 20-40 years, this outbreak took by surprise both Mexicans and foreigners, creating fear among citizens... |
"IRS Taking Harder Look at Non-Profit Hospitals" Don Stuart Quoted in FierceHealthcare The Internal Revenue Service (IRS) is ratcheting up surveillance of non-profit hospitals regarding their levels of community benefits and patient financial assistance. The IRS reviewed 692 hospitals in fiscal 2016, which ended late last month, Bloomberg BNA has reported. Of those, 166 were referred for a closer “field examination... |
’Tis the Season for LP/LLC Year-End Planning Following is a list of year-end administrative issues for Texas limited partnerships and limited liability companies (“LP/LLC”): Ensure that the LP/LLC’s activities, transactions, capital infusions (capital contributions or loan proceeds), and distributions are accurately reflected in the entity’s records; Avoid causing the LP/LLC to make any distributions not in compliance with the terms of its LP/LLC agreement or applicable law; for example, an LP/LLC should not make disproportiona |
"Vodafone Variance The Commissioner's Power to Override the Rules" by J Leigh Griffith Tennessee CPA Journal Vodafone Variance: The Commissioner's Power to Override the Rules Following the Tennessee Court of Appeals decision in Vodafone Americas Holdings, Inc... |
“...firm steps to end cartels” —the criminalisation of cartel activity South African Minister of Economic Development, Ebrahim Patel, has announced that, from 1 May 2016, cartel conduct (price fixing, market allocation and collusive tendering) comprises criminal activity. Directors or persons with management responsibility who participate in cartel conduct or who are aware of cartel conduct and fail to take appropriate action can be criminally prosecuted... |
“Bring Your Own Device” (BYOD): Pros and Cons In the last few years, many multinationals are implementing in their organizations so-called “Bring Your Own Device” (BYOD) policies. What is “BYOD”? It is a new trend in the management of technological infrastructure within companies where employees bring their own devices to the workplace, thereby reducing the number of devices that companies have to provide to employees, with the consequent reduction in costs... |
“Breaking ground” to calculate mineral royalties on unrefined minerals The 2014 changes to the South African Mineral and Petroleum Resources Royalty Act, 2008 (the “Royalty Act”) have left mining companies and extractors (“taxpayers”) in uncertain territory... |
“Control Person” Claim for Employee’s “Outside” Securities Transaction is Reinstated by Texas Appeals Court Earlier this month, the Court of Appeals of Texas, Third District, Austin, reinstated a “control person” claim under the Texas Securities Act (“TSA”) against Merrill Lynch Pierce Fenner & Smith Inc. related to a former broker’s allegedly fraudulent outside sales transactions. David Fernea v. Merrill Lynch Pierce Fenner & Smith, Inc., No. 03-09-00566-CV (Tex. App. –Austin, Jan. 7, 2011). Allegations... |
“Gardening leave” and the enforceability of restraints of trade The South African Labour Courts have, until now, not had the opportunity to consider what impact, if any, a so-called “gardening leave” provision may have on the enforceability of a restraint of trade. This issue, among others, came before the Labour Court in Johannesburg in the case ofVodacom v Godfrey Motsa and MTN Group (J74/16). Judgment was handed down by Van Niekerk J on 9 February 2016... |
“Hands on China”, have you prepared your trademark strategy? A trademark is any sign which, in the course of trade, can distinguish the goods or services from those of other undertakings. Trademarks are often also used as indications of a certain quality or life style (such as Lancome® trademark represents the luxury cosmetics) or as a marketing tool (such as the IKEA® and VOLVO® marks, which are featured not only on furniture but also on their services)... |
“Get off your ass” isn’t offensive ENSafrica successfully represented Virgin Active in a South African Advertising Standards Authority (“ASA”) matter, regarding a Virgin Active TV advertisement that used the expression “get off your ass”. The case in question is S Jack & others v Virgin Active South Africa (Pty) Ltd, and the ruling was handed down on 26 February 2016. The point of the advertisement was to persuade people to start working out at Virgin Active gyms... |
“In-house exemption” and “Capacity Awaps”: Clarity and New Clouds In two recent cases (Coditel and Stadtreinigung Hamburg), the ECJ dealt with the so-called “in-house exemption” in procurement matters... |
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