Legal Updates

Shared parental leave

An employee (Mr X) has informed us that he intends to take an extended period of time off work to help to care for his baby when he/she is born in May. How should we respond to this request?

Eligible employees were previously entitled to take either one whole week’s or two consecutive weeks’ ordinary paternity leave (OPL) within 56 days of a child’s birth or placement for adoption and a further period of additional paternity leave (APL), of between two and 26 weeks in length, which was required to start 20 weeks, and end 12 months, after the child’s date of birth or placement for adoption. More…

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Cinemas as ACVs?

This article was previously published in Screentrade Magazine on 1 March 2015

Once closed, how may cinemas become ACVs, or ‘assets of community value’? What does it mean anyway, and what are the limitations and likely realities when enabling community groups to bid for these properties? 

There have seen some recent high profile examples recently of local community groups, taking advantage of a right enshrined in the Localism Act 2011, to apply for historic local buildings to be listed as an ‘asset of community value’ (ACV). This right, existing since September 2012, has been enthusiastically embraced by local communities. And whilst pubs have received more applications than any other type of building, cinemas – such as the Bexhill Playhouse, the Crystal Palace Rialto and the Stockport Savoy – have also been nominated. Once listed, the owner is unable to sell or lease the building for five years without first notifying the community group. There then follows a six-month moratorium, during which the owner may continue to market the property but it will be unable to sell (or lease) it to anyone other than the community group until the six month period is up. The moratorium is designed to give the community group time to raise finance to purchase the property. More…

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McDonald Hopkins Government Strategies: This Week in Washington — April 24, 2015

On Thursday, the Senate – by a vote of 56 to 43 – finally voted to confirm Loretta Lynch as attorney general. Lynch replaces Eric Holder.

Forty-four Democrats and two independents voted in support of Lynch, while 10 Republicans, including Senate Majority Leader Mitch McConnell crossed party lines to back her confirmation. Republican Senators Kelly Ayotte, Thad Cochran, Susan Collins, Jeff Flake, Lindsey Graham, Orrin Hatch, Ron Johnson, Mark Kirk, and Rob Portman also voted for Lynch.

Lynch will become the 83rd attorney general and the first African-American woman to hold the post. Democrats have vocally supported Lynch and seized on her delay in confirmation to accuse Republican leadership of slow-walking the nomination to spite the president.

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Environmental Marketing Needs To Get Real

Think GreenAs you know, Davis & Gilbert produced our 2014/2015 Lessons Learned Practical Advice document, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014/2015 Lessons Learned Practical Advice document, click here. This week, I wanted to share with you the section I co-authored with Matt Smith on environmental marketing.

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Multistate Tax Update — April 23, 2015

In 2010, Joseph Romm, a Senior Fellow at the Center for American Progress, testified before the House Ways and Means Committee and shared his findings about how certain provisions of the U.S. tax code inhibit cost-effective commercialization and deployment of clean, homegrown energy. Dr. Romm is well-respected and experienced in this area; during 1997, he was the acting assistant secretary at the U.S. Department of Energy’s Office of Energy Efficiency and Renewable Energy, and from 1995 to 1998, he was principal deputy assistant secretary.

At the time of his testimony, Dr. Romm noted that the country’s tax policy needed a comprehensive energy strategy. While barriers to clean energy still exist through all levels of government, certain cities and states are deploying their own tax policy in a way that encourages environmentally conscious conduct.

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3 Key Points in OSHA’s Final Rule Governing Whistleblower Retaliation Complaints Under Section 806 of the Sarbanes-Oxley Act

On March 5, 2015, the Occupational Health and Safety Administration (“OSHA”) issued its “ Final Rule” establishing the procedures for handling retaliation complaints brought under Section 806 of the Sarbanes-Oxley Act (“SOX”). Section 806, as amended by Dodd-Frank, protects employees of publicly traded companies, as well as employees of contractors, subcontractors, and agents of publicly traded companies, from being retaliated against for reporting fraudulent activity or other violations of SEC rules and regulations. The Final Rule addresses the comments that OSHA received in response to its interim rule, issued in 2011, and sets forth the final procedures for retaliation claims under SOX, including the procedures and timeframes applicable to employee complaints and OSHA investigations. While the Final Rule does not differ substantively from the interim rule, it crystalizes the SOX whistleblower complaint procedures and reflects an increasingly whistleblower-friendly landscape.

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Bank Enforcement Order Violates the Constitutional Principle of Equality

On 14 April 2015, the Polish Constitutional Tribunal (“Tribunal”) rendered a ruling stating non-compliance of Article 96(1), Article 97 and Article 98 of the Polish Banking Act of 29 August 1997 (Journal of Laws of 2015, item 128, as amended) (“Banking Act”), i.e. the provisions on the Bank Enforcement Order (“BEO”), with the Constitution of the Republic of Poland (“Constitution”), Case File No. P 45/12 (/s/p-4512). According to the Tribunal, the abovementioned provisions violate the principle of equality under Article 32(1) of the Constitution. However, the Tribunal did not immediately repeal the challenged provisions so as not to interfere with banking transactions, and set a deadline (1 August 2016) for the legislator to enact new legislation in this respect. More…

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Management of IP in Commercial Contracts in Australia

iStock_000000461549MediumAll businesses have valuable intellectual property, not just “tech” focused businesses such as software developers or pharmaceutical companies.  However advisers may need to translate for their clients what they mean in practical terms when they use the words “intellectual property”, in order for clients to appreciate its value and take steps to protect it.  For example, instead of talking in terms of trade marks and copyright, a business owner might more readily recognise the value in their trading or product names, logos, manuals, systems, standard operating procedures and process instructions.  Ideally this type of a conversation would be followed with a recommendation that the business conduct an “IP audit”.  This will help a business to identify and prioritise assets for protection.

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Business Succession Planning Series: Preparing Your Business for Sale

Join us for the final session in a three-part series on Business Succession Planning where we will focus on the most significant issues when preparing to sell or transfer your business.

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Ready for an OIG Security Audit?

At HIMSS15 in Chicago I had the pleasure of speaking with my colleague, Dave Schoolcraft, regarding the OIG Security Audits. These in depth security audits conducted not by the OCR or CMS, but rather the Office of Inspector General, delve into the security systems of Eligible Hospitals (and potentially Eligible Professionals) participating in the EHR […]

The post Ready for an OIG Security Audit? appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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