Legal Updates

Wage Fixing and No Poaching Agreements: New Antitrust Guidance Threatens Criminal Prosecution

Our colleague Daniel J. Green, an Associate at Epstein Becker Green, has a post on the Trade Secrets & Noncompete Blog that will be of interest to many of our readers in the technology industry: “Aggressive New Antitrust Guidance for Human Resources Professionals Threatens Criminal Prosecution for Certain Unlawful Wage Fixing and No Poaching Agreements”

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Doesn’t travel well

There are issues that frequently arise when devising and implementing an estate plan involving assets in both a civil-law jurisdiction, such as Quebec, and a North American common-law jurisdiction like Ontario or Florida.

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Another one bites the dust – ACT employer successfully defends claim green coffee bean dust caused injury

In Lean v Cosmorex Coffee Pty Limited [2016] ACTSC 309 the ACT Supreme Court found that while Cosmorex, the defendant employer, had breached provisions of the Dangerous Substances Act 2004 (ACT) (Act) and, as a result, also breached its duty of care at common law to the plaintiff, causation was not established.

The case revolved around exposure to green coffee bean dust which has long been recognised scientifically as a potential occupational irritant. The evidence at trial was that this was not widespread knowledge within the coffee industry in Australia. As it can be classified as a dangerous substance under the Act, entities and employers which handle green coffee bean dust must comply with the obligation to implement management systems as specified in the Act.


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Hall & Wilcox to open its doors in Brisbane

Leading independent business law firm Hall & Wilcox is opening a Brisbane office in early November 2016 with the appointment of partners Drew Castley and Paul Baxter, special counsel Sean Sullivan and team.

Hall & Wilcox now have offices in Melbourne, Sydney, Newcastle, Perth, Canberra and Brisbane.

Drew has over 20 years’ experience as an insurance and commercial litigation lawyer. His area of focus in insurance claims is the defence of professional negligence claims and medical malpractice. He advises on risk management for professional service firms. His commercial dispute practice includes shareholder, partnership and joint venture disputes.

Paul’s practice is focused on personal injury and property liability claims under common law and statutory schemes as well as marine and transport industry litigation. Paul also specialises in indemnity disputes, fraud claims, statutory prosecution defence and recoveries.

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Bernie Madoff’s Frauds Continue To Reverberate Years Later

Seven years after Bernie Madoff was sentenced to 150 years in prison for frauds worth an estimated US$65 billion, the legal shockwaves from his disgraced empire continues to reverberate.  In a case that was recently decided by the Grand Court of the Cayman Islands, the court determined how the remaining value of a Cayman “feeder fund”, once part of the Madoff empire and now in official liquidation, should be distributed among its investors.


In this case, Herald and Primeo were open-ended investment funds.  They both placed funds for investment with a Madoff-related entity called BLMIS. 


In 2007, Primeo assigned the credit of its account with BLMIS to Herald in return for subscribing for shares in Herald. 
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Final Rule on ACA Issued by OSHA – Employment Law This Week

Featured on Employment Law This Week: The Occupational Safety and Health Administration (OSHA) has issued a final rule for handling retaliation under the Affordable Care Act (ACA).

The ACA prohibits employers from retaliating against employees for receiving Marketplace financial assistance when purchasing health insurance through an Exchange. The ACA also protects employees from retaliation for raising concerns regarding conduct that they believe violates the consumer protections and health insurance reforms in the ACA. OSHA’s new final rule establishes procedures and timelines for handling these complaints.  The ACA’s whistleblower provision provides for a private right of action in a U.S. district court if agencies like OSHA do not issue a final decision within certain time limits.

Watch the segment below:

The post Final Rule on ACA Issued by OSHA – Employment Law This Week appeared first on OSHA Law Update.

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Telehealth Innovation in Texas: Has Texas Gotten A Bad Rap?

Much of the recent media scrutiny may suggest that Texas has gotten a bad rap when it comes to telehealth. But have recent reports painted an incorrect or unfair picture of telehealth innovation in Texas? The TexLa Telehealth Resource Center (“TexLa TRC”) certainly thinks so.

Recent media attention focused on Texas telehealth innovation suggests Texas is behind the telehealth curve. In a recent report, the Texas Business Association said, “Texas lags behind other states in establishing a supportive regulatory environment for the expansion of these services,” while the American Telemedicine Association ranked Texas as one of the worst states for provision of telehealth services in its May 2015 and January 2016 [1] state report cards.

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Hall & Wilcox supports ‘safe and healthy legal workplaces’ as signatory to Tristan Jepson Memorial Foundation

Leading independent business law firm, Hall & Wilcox, has announced its support for safe and healthy legal workplaces by becoming a signatory to the Tristan Jepson Memorial Foundation (Foundation).

Established in 2008, the Foundation is an independent charitable organisation dedicated to reducing work-related psychological ill-health in the legal community, and to promote workplace psychological health and safety.

Hall & Wilcox has signed up as a signatory to the Foundation’s Guidelines, which the Foundation describes as “…good for business, good for people and good for mental health”.

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Talking Tax – Issue 54

Legislation and Government policy

Research and Development (R&D) tax incentive review

The Government has released its report of the R&D Tax Incentive review that concluded in April 2016.

The report, which was co-chaired by Chair of Innovation Australia Bill Ferris, Australia’s Chief Scientist Alan Finkel and Secretary to the Treasury John Fraser, highlights the finding that more could be done to encourage additional research and research spill-overs into other relevant sectors.

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Interlisting on US OTCQX (Premier Market) About To Get Much Easier: and We Can Help!

By Bernard Pinsky

OTC Markets Group has published proposed amendments for qualification rules to list on the OTCQX for all companies, including Canadian and other International public companies. These rules are scheduled to become effective on January 1, 2017.

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