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|Divorce Doesn't Necessarily Mean the Destruction of a Family Business|
Robert J. Merlin; Robert J. Merlin, P.A.;
May 26, 2016, previously published by South Florida Business Journal on April 2016On March 24, 2016, Governor Rick Scott signed into law HB 967, the Collaborative Law Process Act, which officially recognizes the Collaborative Process as an alternative to traditional litigation. New Florida Statute 61.55 states, "The collaborative law process is a unique non-adversarial...
|2016 Hot Compliance Areas for Physician Practices|
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
April 5, 2016, previously published on March 2016Physician practices should pay attention to the recent reports released by the Department of Justice (DOJ), OIG and other agencies regarding their enforcement actions in 2015 and priorities in 2016. These reports and recent settlements reveal hot compliance areas that physician practices should...
|Alberta Court Determines APEGA’s Registration Examinations Are Not Discriminatory|
James Casey, Jason Kully; Field Law;
March 23, 2016, previously published on January 27, 2016In Association of Professional Engineers and Geoscientists of Alberta v. Mihaly, 2016 ABQB 61, Madam Justice J.M. Ross ruled that it is not discriminatory for the Association of Professional Engineers and Geoscientists of Alberta (“APEGA”) to require an internationally educated engineer...
|The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs|
Jason Kully, Gregory Sim; Field Law;
March 23, 2016, previously published on February 29, 2016In Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, the British Columbia Court of Appeal determined that it was reasonable for the College of Pharmacists to prohibit pharmacists from using “customer incentive programs.”
|What a Revocable Living Trust Can and Can't Do For You|
Jeanette M. Dostie; Suisman Shapiro Attorneys-at-Law;
March 23, 2016A revocable living trust (or RLT) is a widely used estate planning device, often promoted in magazine articles and at seminars. There is no doubt that individuals and couples can achieve substantial benefits, both tax and non-tax, through the use of revocable living trusts. It is important,...
|Claims Against Design Professionals: Is It Too Late?|
Jacob E. Roussel; Breazeale, Sachse & Wilson, L.L.P.;
March 18, 2016, previously published on March 2016Weighing the options of whether or not to bring a lawsuit against another entity involved on a project is a question that is all too familiar for those involved in the construction industry. One common dilemma involves how to handle a dispute which arises in the middle, or even towards the...
|My Attorney Told Me To...Opening the Door and Waiver of the Attorney-Client Privilege|
Nicole M. Ehrhart; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 7, 2016, previously published on March 1, 2016The United States District Court for the Middle District of Pennsylvania has once again considered the issue of waiver of the attorney-client privilege. In Piazza v. County of Luzerne, 2015 U.S. Dist. LEXIS 147283 (M.D. Pa. Oct. 30, 2015), the plaintiff claimed he was unlawfully terminated from his...
|Overview of Insurance Agent Professional Liability in Ohio|
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 7, 2016, previously published on March 1, 2016In recent years, several factors have combined to cause a significant increase in the amount of litigation instituted against insurance agents. Greater competition from a range of sources has caused traditional agents to look for ways to add value, transforming their responsibilities from that of...
|Update on Physician-Assisted Death: Superior Court Issues Practice Direction with Requirements for Bringing an Application|
Daphne Jarvis, Ewa Krajewska, Barbara Walker-Renshaw; Borden Ladner Gervais LLP;
February 16, 2016, previously published on February 4, 2016On January 15, 2016, the Supreme Court of Canada granted the Attorney General a further four month extension of the suspension of invalidity of the Criminal Code provisions relating to physician-assisted death, i.e., to June 6, 2016. In addition, the Court allowed individuals to bring an...
|What is the Definition of Pain and Suffering?|
Richard P. Console; Console & Hollawell;
February 12, 2016, previously published by Richard P. Console on Winter 2016When pursuing a personal injury claim, or even when just watching or reading the news, you’ve probably heard the term “pain and suffering.” Unfortunately, the phrase is so vague that you might not understand what it means in the context of personal injury law. Damages awarded for...