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"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...

"Limiting Liability Exposure for a Private Family Trust Company" by John Bunge Waller Private Family Trust Company Research
Waller, August 2017

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...

"Sunshine Law Shining a Light on Governmental Hospital Transactions" Ken Marlow in The Governance Institute's Public Focus
Waller, December 2019

Governance and social factors play a significant role in determining a hospital’s openness to change and its ability to complete a business transaction, be that a merger, acquisition, or other strategic partnership. For government-owned hospitals, tension between the goals of government entities and the goals of a hospital’s board, in addition to added legal complexities, may result in failed or generally avoided transactions...

(WEBINAR) The Enforcement Challenge - Enforcing Arbitral Awards & Foreign Judgments in Indonesia, Malaysia & Singapore.
Shearn Delamore & Co., January 2021

Dear Clients and Friends  Drew Network Asia (comprising Drew & Napier LLC from Singapore, Makarim & Taira S. from Indonesia, and Shearn Delamore & Co. from Malaysia) is delighted to present a joint webinar with Omni Bridgeway, a leading global disputes finance company, on the enforcement of arbitral awards and foreign judgements in Singapore, Malaysia, and Indonesia. Details are set out below:   Date: Thursday, 14 January 2021 Time: 3.00 pm to 4.30 pm (SG/MY time) 2...

[Infographic] Key Considerations & Issues on COVID-19 Vaccine Rollout in the Lao PDR
DFDL, April 2021

As COVID-19 vaccinations roll out in the Lao PDR we take this opportunity to answer some of the key questions that are being raised by employers and employees. In our publication and at our upcoming live event, our labor experts outline the rights and obligations of employers and employees when it comes to vaccination in the Lao PDR. Get your answers by downloading the publication and by attending our 20-minute webinar...

‘Freezing’ Bank Accounts Across Europe: The European Account Preservation Order (EAPO)
ALTIUS/Tiberghien, January 2017

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...

“I’m Here Live, I’m Not a Cat”
Shoosmiths LLP, February 2021

Many of us chuckled at the viral video of a Texan lawyer who appeared at a remote court hearing as a cat. This unfortunate filter mishap does, however, act as a warning to all lawyers to check their settings before attending remote hearings as it looks like they are here to stay. Over the last 12 months, the use of virtual court hearings has sky-rocketed (perhaps unsurprisingly) in the wake of the COVID pandemic...

“If I've Told You Once, I've Told You Eight Times…” HHS OIG Issues Another Audit Report on Hospitals’ Failure to Report Credits for Explanted Cardiac Devices and Lays the Groundwork Collection of Over
Verrill, November 2020

Each year, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issues dozens of audit reports. While each is important in its own way, some stand out with language that appears to reflect OIG’s fraying patience and may lay the groundwork for possible future enforcement action. A report issued on November 16, 2020, falls into this category...

“In-house exemption” and “Capacity Awaps”: Clarity and New Clouds
ALTIUS/Tiberghien, July 2009

In two recent cases (Coditel and Stadtreinigung Hamburg), the ECJ dealt with the so-called “in-house exemption” in procurement matters...

“Micro Entity” Status Benefits Are Limited
Hunton Andrews Kurth LLP, December 2012

The America Invents Act of 2011 (AIA) authorizes the U.S. Patent Office to create a new third tier of fees for patent prosecution and maintenance — "Micro Entity Status" — where fees may be reduced by up to 75 percent. Micro entities are eligible to pay fees 50 percent lower than those paid by small entities and 75 percent lower than those paid by large entities...

“Of No Continuing Legal Effect”—What to Consider as Your Business Moves Forward After the Michigan Supreme Court’s Decision on Executive Orders
Dykema, October 2020

On October 2, 2020, the Michigan Supreme Court issued its opinion inIn re Certified Questions,Docket No. 161492, which essentially eliminated the Governor’s authority to issue any executive orders related to COVID-19 after April 30, 2020...

10 Questions about the Impact of COVID-19 on Public Private Partnerships in Peru (PPP)
Rodrigo, Elias & Medrano Abogados, June 2020

Is the operation of PPP projects suspended? No. The State of National Emergency (in force from March 15 to June 30, 2020) has not affected the operation of PPP projects related to the provision of public and/or essential goods and services. Currently, it is also permitted to perform activities included in Phases 1 and 2 of the "Economic Reactivation Plan"(“Plan”) approved by the Central Government. See Exhibit I...

11 Highlights from the Iran Sanctions Implementation Day
Haynes and Boone, LLP, January 2016

As part of the nuclear arrangement reached with Iran, the United States rescinded its nuclear-related sanctions imposed on entities outside the United States on January 16, 2016, which is the so-called “Implementation Day” under the Joint Comprehensive Plan of Action (“JCPOA”). At the same time, the United States also lifted sanctions on foreign subsidiaries of U.S. companies. Apart from a few specific exceptions, however, including new exceptions for U.S...

1st Circuit Revives 13-Year-Old Qui Tam Suit Against Nursing-Home Pharmacy Chain, Finds Relator Was ‘Original Source’
Dinsmore & Shohl LLP, May 2020

Thirteen years after the filing of the initial complaint, the First Circuit recently revived a False Claims Act (FCA) suit, reversing the district court and holding a relator can be an “original source” without participating in or having contemporaneous knowledge about the alleged fraud. See United States ex rel. Banigan v. PharMerica, Inc., 950 F.3d 134 (1st Cir. 2020)...

2012: Developments in Colombian Customs and International Trade
Brigard Urrutia, January 2013

In September, the National Customs and Tax Authority - DIAN - presented the third draft of the new Customs Statute, which will regulate most of Colombia’s customs law. Although scholars and business associations have presented their comments to the project, the draft seems to be definitive for the most part...

2013 Outlook: What Will the Year Bring for Australian Business and in Key Industry Sector
MinterEllison, January 2013

Some favourable news on the global economic front has been trickling in. Markets around the world rallied as the US avoided the fiscal cliff-dive by a nanosecond; China's economy is showing signs of renewed strength, with the powerful manufacturing sector now performing at its best levels in almost two years; and share prices in most of Europe, Britain and even Japan have been trading solidly higher over the past few months...

2013 Patent Damages Year In Review
Hunton Andrews Kurth LLP, May 2014

One of the fastest-changing areas of patent law is the means by which damages are established for patent infringement. Amid calls for patent damages reform to rein in perceived outsized damages awards, courts appear to be tackling the issue head on, demanding increased rigor in the analyses employed by damages experts, and in many cases requiring stringent economic analyses more typically seen only in antitrust cases...

2016 Negative List Revision Detail
Makarim & Taira S., June 2016

Further to our client alert of 25 May, we include here the full list of changes to the 2014 Negative List (DNI), as contained in Presidential Regulation No. 44/2016 and its attachments.  Note, again, that existing investors’ licensing will be grandfathered.  ASEAN investors have preferential arrangements in many cases...

2016 Negative List Revision Released
Makarim & Taira S., June 2016

The Indonesian Government has released the long-awaited revision to the Negative List (“DNI”).  The revised regulation (Presidential Regulation No. 44/2016) was promulgated on 18 May 2016 and circulated to the public on 24 May.  The DNI regulates the sectors which are closed, open, or conditionally open to investment. The DNI revision is keenly awaited as it stipulates, amongst other matters, restrictions on foreign participation in various business activities in Indonesia...

2019 Legislative Outlook for West Virginia: The Road Ahead *Revised January 9
Spilman Thomas & Battle, PLLC, January 2019

The next 60-day regular session of the West Virginia Legislature commences on Wednesday, January 9, 2019. While much of the nation seemed transfixed by the recent electoral changes, the most significant political change in the West Virginia Legislature actually preceded the 2018 general election. Indeed, the House of Delegates elected a new Speaker, Roger Hanshaw (R-Clay), in August 2018 to replace Tim Armstead who resigned to accept an appointment to the Supreme Court of Appeals...

2019 West Virginia Legislative Highlights: Health Care
Dinsmore & Shohl LLP, June 2019

Dinsmore’s Government Relations team was involved in several significant legislative initiatives affecting the health care sector during the 2019 regular session of the West Virginia legislature. Most notably, Dinsmore was involved in the passage of HB 2010, relating to foster care...

2020 Election Results Confirm California’s Cautious Approach to Sweeping Ballot Provisions, While the Bay Area Remains Progressive and Ready to Tax
Buchalter, November 2020

The 2020 election in California as pertains to national politics was never in doubt, but despite being a deeply blue state, Californians continued to show their divide on taxing businesses and making major changes to the statewide tax code. Several ballot initiatives, both at the state and municipal level, would have radically altered how businesses and executives are taxed...

2020 GAO Bid Protest Annual Report Shows A Sharp Increase In The Use Of Alternative Dispute Resolution
Morris, Manning & Martin, LLP, December 2020

The Government Accountability Office (GAO) recently issued its Annual Report to Congress, which provides statistics concerning bid protest filings for Fiscal Year (FY) 2020, including the number of protests filed and sustained. The chart below, included in GAO's Annual Report, summarizes this information. Click here to view the summary table As shown above, most of the data points remained constant from the prior year...

2020 Pennsylvania Legislative Update
Spilman Thomas & Battle, PLLC, December 2020

The Pennsylvania General Assembly has concluded the legislative session. COVID-19 significantly changed the format and content of the legislative session. The operating rules were amended to permit remote voting, and the legislative focus centered on the impact of COVID-19 on schools, communities, businesses and the Pennsylvania budget for the FY 2020-2021. Below is a snapshot of some of the key areas addressed during this session...

2020 Rings in Legislative Changes for California
Dinsmore & Shohl LLP, January 2020

With the New Year, California rings in a lot of legislative changes, including a new standard for evaluating independent contractor classifications.  Here is what you need to know: Independent Contractors Effective Jan. 1, 2020, Assembly Bill 5 (AB-5) became law in California by adding section 2750.3 to the Labor Code.  AB-5 is the legislative response to the California Supreme Court decision in Dynamex v...

 

 

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