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- Planning to develop land? - National Policy Statement for fresh water reforms - Decade of aquaculture roadblocks soon to be lifted - New Environmental Protection Authority established
MinterEllisonRuddWatts, May 2011

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...

Shearn Delamore & Co. Legal Update August 2020 (Tax and Revenue)
Shearn Delamore & Co., September 2020

Income tax The following public rulings and guidelines have recently been published on the Inland Revenue Board of Malaysia’s official website: i. Tax Treatment of Research and Development Expenditure Part I – Qualifying Research and Development Activity (Public Ruling No. 5/2020) issued on 13 August 2020; ii. Tax Treatment of Research and Development Expenditure Part II – Special Deductions (Public Ruling No. 6/2020) issued on 13 August 2020; iii...

Update: Equal rights to survivor’s benefits for civil partners?
Shepherd and Wedderburn LLP, February 2014

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...

EU Commission Approves Economic Stabilization Fund for Liquidity and Capital Support for the Real Economy
Heuking Kühn Lüer Wojtek, July 2020

By adopting the Act on the Establishment of the Economic Stabilization Fund of March 27, 2020, the German Parliament and the Federal Council established theEconomic Stabilization Fund(“ESF”) as a special fund to stabilize the real economy in times of the COVID-19 pandemic. The ESF is intended to support German companies in the real economy suffering from the consequences of the COVID-19 pandemic by providing liquidity and capital support...

Your Contracts: a Systematic and Disciplined Approach is Called for
Lavery Lawyers, March 2008

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
Waller, September 2016

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"
Lawson Lundell LLP, September 2014

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).
Beccar Varela, July 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
Waller, January 2017

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"
MinterEllisonRuddWatts, April 2011

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...

"Close Enough for Jazz Characterizing the Disposition of Criminal Cases in News Reports" by Robb Harvey and Kevin Elkins in Communications Lawyer
Waller, February 2019

The pressure of the 24/7 news cycle leaves media professionals with competing demands of getting the news out quickly and ensuring that the published/broadcast story is right. The “substantial truth” doctrine provides some comfort but is no guarantee against a lawsuit...

"False" Self-Employment and the Gig Economy - Where are We Now?
A&L Goodbody, July 2018

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...

"Flattening the Curve" of Post-Pandemic Disputes
Wardynski & Partners, March 2020

Justice systems around the world will soon be exposed to the same pressure as is currently crushing healthcare systems in the wake of the Covid-19 pandemic. What can judges and advocates doto “flatten the curve” and increase the resilience of the justice system as it awaits the post-pandemic wave of disputes? Healthcare systems around the globe are wobbling, and in some states collapsing under atsunami of Covid-19 cases...

"How to De-stress a Distressed Senior Living Company" Co-Authored by Jeffery D Parrish and John C Tishler
Waller, February 2017

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
TSMP Law Corporation, January 2018

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
Waller, May 2018

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/)...

"Peer-To-Peer" Insurance: A Grassroots Revolution?
Lavery Lawyers, July 2016

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...

"Legal and Marketing Departments Must Work as a Team for Brand Protection and Promotion in the Sports Industry" by Kevin Brown in Professional Sports and the Law
Waller, April 2019

In the pre-digital age, companies that strategically focused on brand protection and promotion often included only those companies selling directly to consumers - typically through more limited print and radio/television media. Company lawyers and their marketing counterparts might communicate on an as-needed basis when direct legal threats to the brand arose (from customer class actions or competitor advertising claims) or for more routine trademark enforcement measures...

"Recent Developments in Federal Preemption of Pharmaceutical Drug and Medical Device Product Liability Claims"
Spilman Thomas & Battle, PLLC, March 2017

   Few areas of law have proven more dynamic over the last few years than the interplay between state tort laws and the federal regulation of pharmaceutical drugs and medical devices. During its last two terms, the United States Supreme Court has issued three separate opinions addressing federal preemption of state law claims under the Federal Food, Drug, and Cosmetic Act...

"Night of the Living Trademark Zombie Trademarks in the United States" by Robert P Felber Jr and Julian L Bibb IV INTA Bulletin
Waller, October 2016

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...

"Right to be Forgotten" - Search Engine Operators Must Comply with Requests to Delete Links to Personal Data
Heuking Kühn Lüer Wojtek, January 2019

The use of the Internet without the use of search engines, which list links to Internet pages after keywords have been entered, is almost unthinkable. In the context of the search results, however, websites may appear that contain personal data and thus fall within the scope of the GDPR...

"Passthrough Partner Cancellation of a Nonlapse Restriction Compensation Surprise" by J Leigh Griffith Taxes - The Tax Magazine
Waller, June 2016

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...

"Text Me?" Proposed Electronic Disclosure Rule Would Allow Greater Flexibility for Retirement Plans
Hanson Bridgett LLP, November 2019

Under a new proposed rule, certain required disclosures could be provided electronically to all retirement plan participants, including former employees and beneficiaries. On October 23, 2019, the U.S. Department of Labor issued a proposed rule intended to expand the use of internet technology to furnish ERISA-required disclosures to plan participants, and to reduce printing and mail expenses...

"IRS Taking Harder Look at Non-Profit Hospitals" Don Stuart Quoted in FierceHealthcare
Waller, October 2016

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...

"The Show Must Go On": Protection Against Creditors during the COVID-19 Crisis
ALTIUS/Tiberghien, May 2020

Queen’s song was clearly not about COVID 19 but the message remains the same: even if the music industry is struggling, the show must go on! It is undeniable that, with the lockdown measures and other restrictions imposed by the Belgian government to fight against COVID-19, many companies have to deal with revenue loss while keeping high level of costs. This is particularly true for the cultural sector and the music industry with the cancellation of so many events...

 

 

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