log in
Submit an Article | Back

Member Articles

Sort By Title  |  Sort By Date

 Enactment of SB 164 and Changes to Oregon’s Corporate Activity Tax          
Schwabe, Williamson & Wyatt, October 2021

Although Oregon’s 2021 legislative session turned out to be relatively quiet from a tax perspective, we did experience some changes to Oregon’s Corporate Activity Tax (“CAT”). Those changes were primarily in the form of SB 164. The enactment of SB 164 ushers in the following CAT changes. Fiscal Year Filings...

"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...

"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...

"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...

"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...

"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/)...

"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...

"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...

"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...

"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...

"Opportunity Zone Benefits; Nuts and Bolts; and Loose or Missing Screws" By J Leigh Griffith and Shane P Morris Taxes - The Tax Magazine
Waller, February 2019

The Tax Cuts and Jobs Act of 2017 (the “TCJA”) created a new tax incentive designed to encourage long-term investment in low income communities, as defined in Code Sec. 45D(e),1 which are specifically designated as “qualified opportunity zones” (“QOZs”) in accordance with procedures set forth in Code Sec. 1400Z-1...

"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...

"Passthrough Partner Personal Goodwill and Passthrough Entities" by J Leigh Griffith Taxes - The Tax Magazine
Waller, August 2016

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...

"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...

"Private Family Trust Companies Find New Homes in Tennessee" by Richard A Johnson Family Office Elite Magazine
Waller, December 2016

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...

"Provisional Patent Applications A Cost-Effective Approach for Protecting Innovation" by Nate Bailey TICUAWaller Legal Notes
Waller, October 2016

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...

"QAPI Spells Success for SNFs" Jeff Parrish in McKnight's Long-Term Care News
Waller, August 2018

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...

"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...

"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
Waller, October 2016

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...

"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
Waller, March 2017

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...

"Straight from the Stalking Horses Mouth" Co-authored by Ryan K Cochran and Blake D Roth ABL Advisor
Waller, June 2018

It goes without saying that a lender must work to maximize its recovery when a borrower is in default and has no reasonably realistic or meaningful way to cure the default. This scenario far too often forces a lender to determine the most efficient and effective method to sell its collateral...

"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...

"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...

"The Bridge to Blockchain in Health Care Guidance for Business Lawyers" Kristen Johns published in American Health Lawyers Association
Waller, November 2019

The application of distributed ledger, or blockchain, technology has permeated many industries. Since its debut through cryptocurrency, many companies have embraced its potential and many more are actively identifying and implementing novel use cases. The health care industry is no different, and blockchain technology is currently being used for physician and nurse credentialing, electronic medical records (EMRs), patient engagement, patient identity, and pharma supply chain management...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2021