Legal Updates

The “intern-al” problem for the fashion industry

This article is taken from the latest edition of Fladgate’s Fashion Update.  Please email the marketing team on to be added to the mailing list for future updates.

The use of unpaid interns in the fashion industry is nothing new, but they have been very much in the spotlight in 2014. Earlier this year, a former intern at Alexander McQueen – backed by campaign group Intern Aware – brought a claim for over £6,000 in lost wages in respect of a four-month placement in 2009-10. The start of London Fashion Week was also marked by a demonstration by Intern Aware and students at King’s College London against the use of unpaid interns in the fashion industry. More…

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State of the Creative Series: Interview with Chief Creative Officer at Ogilvy & Mather North America

In case you haven’t noticed, things have changed a lot in the advertising and marketing industry. With bigger bandwidth and faster, smaller, cheaper digital devices, the world is staggeringly more connected. With home-grown, artisanal wine, cheese, whiskey . . . pants . . . the world is a lot more “local” as well.  And, of course, all of the choices you make – whether it’s the restaurant where you just ate, the starlet you just Googled or the selfie you just posted to Instagram – are obsessively observed, analyzed, and sold to by advertisers and marketers.

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Largest Ever Equal Pay Claim for Network Rail

Network Rail are facing what may turn out to be the largest equal pay claim in the company’s history.

This claim comes as an additional blow after the company were found to have missed punctuality targets and amid protests about bonuses for senior male staff topping £1million.

30 female employees are involved in the claim against Network rail brought by the Transport Salaried Staffs Association (TSSA). If the claim is successful, it may include up to 3,000 women.

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Multistate Tax Update — July 24, 2014

The U.S. Supreme Court granted certiorari in Alabama Dept. of Revenue v. CSX Transportation, Inc., — S. Ct. —- (2014), on July 1, 2014. While the Court generally addresses the questions presented in the writ of certiorari if it decides to hear the case, the Court added a question of its own for the parties to argue and brief in its grant:

Whether, in resolving a claim of unlawful tax discrimination under 49 U.S.C. § 11501(b)(4), a court should consider other aspects of the State’s tax scheme rather than focusing solely on the challenged tax provision.

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Delay in Return of Overpayments Leads to False Claims Act Suit

The generally accepted wisdom is to move expeditiously to investigate and return federal health care program overpayments once you become aware of them.  Now we know the potential downside of failing to do so even when all overpayments are eventually returned. Late last month the United States Attorney’s Office filed a false claims act complaint […]

The post Delay in Return of Overpayments Leads to False Claims Act Suit appeared first on OMW Health Law.

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How Big Is Halbig? The Viability of the ACA’s Employer Mandate Hangs in the Balance

By: Adam C. Solander

Yesterday, the U.S. Court of Appeals for the District of Columbia and the U.S. Court of Appeals for the Fourth Circuit sent shockwaves through the country when they issued conflicting opinions on a key aspect of the ACA.  The cases are Halbig v. Burwell, D.C. Cir., No. 14-508 and King v. Burwell, 4th Cir., No. 14-1158.  The question at issue in both cases was whether the IRS has the authority to administer subsidies in federally facilitated exchanges when the statute itself specifically authorizes subsides only in state exchanges.

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This new Act prohibits an employer or employment agency from inquiring about, considering, or requiring disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that he or she has been selected for an interview or, if there is not an interview, until after a conditional offer of employment is made.

An “applicant” is any person pursuing employment with an employer or through an employment agency. More…

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The majority shareholder falls out of control

The corporate law is based on the “majority principle”: the majority shareholder can control the decisions at the shareholders’ meeting. While the old Companies Act already contained certain exceptions to this principle the new Civil Code broadens the scope of the exceptions. The new Civil Code declares that if a shareholder is “personally interested” in a decision, it is not allowed to vote on the given question. Although the courts’ interpretation of this new provision is not yet known, a conservative interpretation could lead to a substantial weakening of the “majority principle”. More…

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The Standard Replacement Cost Endorsement: Clear and Unambiguous

Ingenious litigators encourage the Courts to expand the boundaries of the standard Replacement Cost Endorsement. The Quebec Superior Court pulls on the reins in Placements Sergakis Ltée c. Compagnie d’assurance America Home.

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Reforma a mercado de distribución de gas por redes incluiría revisión tarifaria en 2015

Autoridad estudiará la integración de empresas, cruce de propiedad y acceso de otros comercializadores a mercado del GN. Proyecto de ley estaría listo el próximo año.

Dentro del diseño de la Reforma al Modelo de Mercado que se hará el próximo año, participarán los mismos equipos que hoy están a cargo del mecanismo y los procedimientos para activar la fijación tarifaria, que hoy no está definida en la ley, y el análisis de la rentabilidad de las empresas. Entre ellos hay especialistas del Banco Mundial (BM), técnicos de la CNE y expertos como el académico y ex ministro Alejandro Jadresic; Gabriel Bitrán, Juan Pablo Montero, Javier Velozo y Andrea Butelman. More…

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