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Posts from November 2016.
Posted in Estate Planning

The end of each year inevitably brings a flurry of activity for everyone. But amid the hustle and bustle, don’t forget to take advantage of the current tax breaks offered under estate and gift planning laws. If you miss these opportunities, they may not present themselves again!

A federal judge in the Eastern District of Texas granted an injunction that prohibits new Department of Labor (DOL) rules on overtime from taking effect nationwide. These rules, set to go into effect on Dec. 1, 2016, would have raised the salary threshold for exempting executive, administrative, and professional employees from overtime rules under the Fair Labor Standards Act (FLSA).

Employers (and everyone else) are guessing what it means for them after the Trump Administration takes office in January. It is safe to predict that there will be many changes coming in new legislation (with Republicans maintaining control of both the Senate and House), regulations and Executive Orders in the near future. As always, we will keep you apprised of further developments ...

Mandatory Influenza Vaccination Policies: What Health Care Employers Should Consider

The Centers for Disease Control and Prevention (CDC) recommends that all health care workers (HCW), including physicians, nurses, emergency medical personnel, dental professionals and students, medical and nursing students, laboratory technicians, pharmacists, hospital volunteers, and administrative staff receive an annual influenza vaccine. The CDC bases its recommendation on reviewed recent published literature that indicates that influenza vaccination of health care workers can enhance patient safety. The CDC has infection control recommendations for health care settings, but does not issue any requirements or mandates for state agencies regarding infection control practices.

The Federal Court of Appeals has clarified that the federal law governing trademarks has a very broad reach.

The case is Christian Faith Fellowship Church v. Adidas AG, which the Court of Appeals for the Federal Circuit decided on Nov. 14, 2016. Adidas had applied to register the ADIZERO trademark for clothing, but its application was refused based on a registration owned by a church for ...

Posted in Tax and Finance

In a recent case that is great news for nonprofit developers in low-income housing tax credit (“LIHTC”) transactions, a Massachusetts Superior Court granted summary judgment to a nonprofit developer allowing it to exercise a right of first refusal (“ROFR”) despite the investor’s claims that the ROFR constituted a breach of fiduciary duties and could not be enforced.

Erin Wilson of Wilson Water Group joins The Water Values podcast in a (long awaited) episode TWV #090.

Posted in Litigation

Amendments to FINRA rules governing communications with the public

On Oct. 26, 2016, the SEC approved various amendments to the Financial Industry Regulatory Authority (FINRA) rules governing communications with the public. The amendments affect various filing requirements in FINRA Rule 2210 (general communications with the public), FINRA Rule 2214 (requirements for the use of investment analysis tools), and FINRA Rule 2213 (requirements for the use of bond mutual fund volatility ratings). These amendments, which will go into effect on Jan. 9, 2017, help clarify existing rules and create clearer implementation guidelines for all securities firms as they move forward into the new year.

Posted in Real Estate

If one of your guests gets hurt or dies in your home, you may be financially responsible. The Indiana Supreme Court recently decided in the case of F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers vs. Angela Martin and Brian Paul Brothers that a homeowner could be liable for the death of a guest in her home who died following a fight during a party.

On October 3, the Centers for Medicare & Medicaid Services (CMS) Center for Medicare and Medicaid Innovation announced the participants in the Part D Enhanced Medication Therapy Management (Enhanced MTM) model. Six Medicare Part D plan (PDP) sponsors operating a total of 22 Plan Benefit Packages and covering approximately 1.6 million beneficiaries will participate in the first year of the model in five Part D regions.

Posted in Real Estate

Hello and welcome to the first of (hopefully) a series of articles on the ins and outs of issues surrounding leasing commercial real estate. Having worked in this area as a real estate lawyer for more than 15 years, I’ve seen these matters from multiple sides, whether it be from the landlord, the tenant, the lender or the investor.

For my first blog entry – who doesn’t like lists? The ...



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