Legal Updates

Guilty Plea Highlights Cost of Complicity in Trade Secrets Theft

For some time, the media has covered the prosecution of a former Citadel, LLC employee, Yihao Pu, for allegedly stealing Citadel’s trade secrets. The recent guilty plea of another Citadel LLC employee, Sahil Uppal, highlights the potential consequences of complicity in trade secrets theft.

In his plea deal earlier this month, Uppal admitted that he transferred Citadel’s intellectual property (consisting of computer code) to Pu without Citadel’s authorization or approval. Additionally, Uppal admitted that, after he learned that Citadel representatives had confronted Pu about having obtained confidential business information from Citadel, he and a third person removed certain computer equipment from Pu’s apartment to impede the investigation into Pu’s conduct. In the plea deal, Uppal pled guilty to obstruction of justice and faces a maximum sentence of 20 years in prison and a $250,000 fine.

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Protecting Your Data and Minimizing Legal Exposure

Protecting Your Data and Minimizing Legal Exposure – How Some Companies are Mitigating Risks Associated with Cyber Attacks

Interviewer, Samantha McDermott, talked to Litigation Shareholder, Travis Brennan, about the paths some companies are taking to avoid what could amount to costly litigation associated with cyber intrusions. More…

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Women Must Work Until Age 80 to Earn as Much as Men in Their Lifetime

New salary figures released have identified a ‘mid-life pay crisis’ affecting female managers. Women over 40 are currently earning 35% less than men.

In order to earn the same as a male manager over the lifetime of their careers women will need to work 14 years longer – until they are nearly 80 years of age.

The data is published annually by the Chartered Management Institute and salary specialists XpertHR. The figures give a snapshot of widening gender pay innequalities among managers which is affecting professional women the most in the latter half of their working lives.

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Healthcare Alert: Medicare to pay for chronic care management: Forbidden fruit or just what the doctor ordered?

Commencing in January 2015, Medicare will pay qualifying physicians, advanced practice registered nurses, physician assistants, clinical nurse specialists, and certified nurse midwives a chronic care management (CCM) flat (per patient) monthly fee to coordinate care for Medicare beneficiaries who have multiple chronic conditions. This change will expand Medicare payment policy to include management services that have previously been included within the payment for evaluation and management (E/M) visits and so were not previously payable separately.

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Clarification on time limits to bring building actions in Victoria

A recent Victorian Court of Appeal decision in Brirek Industries Pty Ltd v McKenzie Consulting Group Pty Ltd has held that owners can now sue their builder up to 10 years after a certificate of occupancy being issued.

This decision clarifies two seemingly conflicting limitation periods prescribed in the Building Act 1993 (Vic) (Building Act) and the Limitations of Actions Act 1958(Vic) (LAA) as well as conflicting decisions between the Victorian Civil and Administrative Tribunal and the County Court. More…

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Massachusetts Legislature Fails to Pass Any Proposed Bills on Non-Compete or Trade Secret Law

For years, I have been writing about the continuing efforts of legislators and others to reform the Massachusetts trade secret and non-compete law (see, e.g., my previous blog posts here and here). In this legislative session, Governor Patrick surprised many by submitting a bill that would, with some exceptions, make non-competes unenforceable in Massachusetts (much like the law in California), in an effort to encourage spin-offs, primarily in the high tech area, to compete more effectively with competitors in other states. There was also an effort for Massachusetts to adapt the Uniform Trade Secrets Act (“UTSA”), a federal law adopted by 48 other states. (Only New York and Massachusetts have not adopted the UTSA). There were also “compromise” bills that sought to codify the non-compete law in Massachusetts in many ways, including: a) banning the use of non-competes for non-exempt workers; b) requiring advance notice and consideration for those who are required to sign a non-compete after starting employment; and c) creating presumptions addressing the reasonableness of the duration of the non-compete obligation and the scope of the activities that would be prohibited.

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Massachusetts Law Requires Employers to Provide Leave to Victims of Domestic Violence

On August 8, 2014, the Governor of Massachusetts signed into law An Act Relative to Domestic Violence (the “ARDV”). The ARDV requires all employers with 50 or more employees to provide up to 15 days of unpaid leave in any 12-month period to employees impacted by domestic violence. Covered employers must notify employees of their rights.

An employee may be eligible for ARDV leave if the employee or a family member is a victim of abusive behavior, including domestic violence, stalking, sexual assault, and kidnapping. ARDV leave must be directly related to the abuse, such as for purposes of seeking medical attention, counselling, or legal assistance; obtaining a protective order from a court; or attending a child custody proceeding. The Act provides details as to notice and documentation requirements. More…

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London’s soaring retail property fortunes

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

It is fair to say that the UK high street has taken a bit of a battering over the past few years. It has been reported that one in six shops across the UK lies empty. A number of household names have vanished and demand for the resulting vacant premises has been low. More…

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CJEU Advocate General Opinion on Obesity as a Ground of Discrimination

The Court of Justice of the European Union (CJEU) has recently considered the issue of whether or not European equality law protects people from discrimination on the grounds of their weight. In the Case C-354/13 Karsten Kaltoft v Kommunernes Landsforening, acting on behalf of the Municipality of Billund, a Danish child minder argued he had been the victim of unlawful discrimination after he was allegedly fired for being overweight. His employers argued that Mr Kaltoft, who weighed around 160kg, was unable to perform basic tasks which were expected in his job, such as tying the laces of the children in his care.

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McDonald Hopkins Government Strategies: This Week in Washington — August 22, 2014

Some House Republicans—hopeful their party will take over the Senate majority—are now privately hedging on whether they should go along in September with passage of a continuing resolution (CR) that would expire in December, rather than some later date in 2015. If pushed into next year, the GOP then might control both chambers and Democrats would have less leverage in passing a new budget bill.

The House is scheduled to return to session on Sept. 8 for 10 days of legislative work next month and two days in October, when they then break for good until after the election. Senate Majority Leader Harry Reid (D-NV) has said senators will be in session through Sept. 23, but will also be working on the weekends.

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