The federal government has introduced the Fair Work Amendment Bill 2014 (Cth) (Bill) into Parliament to start implementing the limited changes to the Fair Work Act 2009 (Cth) (Act) foreshadowed during the recent election campaign. In this article, we provide an overview of the changes that have been proposed in the Bill. More…
The release of the Ted Wells Report to the NFL has tarnished the mystique of the professional locker room. The report found that Jonathan Martin (an NFL offensive tackle) was subjected to consistent harassment, bullying and hazing by three team mates while he played for the Miami Dolphins. Aside from losing two starters from their roster in the wake of the report, the Miami Dolphins terminated the employment of a coach and a trainer who were also involved in the scandal. More…
FDA Seeks Public Comment on Revised Draft Guidance for Industry: Distributing Scientific and Medical Publications on Unapproved New Uses—Recommended Practices
On March 3, 2014, the U.S. Food and Drug Administration (“FDA”) made available for comment a revised draft of its “Guidance for Industry: Distributing Scientific and Medical Publications on Unapproved New Uses—Recommended Practices” (“Revised Draft Guidance”). The Revised Draft Guidance explains FDA’s current thinking on the recommended practices that drug and device manufacturers should follow when distributing scientific or medical publications that discuss unapproved new uses for either approved drugs or approved or cleared medical devices to health care professionals and health care entities. The Revised Draft Guidance clarifies and expands on FDA’s 2009 “Guidance for Industry: Good Reprint Practices for the Distribution of Medical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices” (“2009 Guidance”). FDA is seeking comments and suggestions on the Revised Draft Guidance. To ensure that FDA considers such comments and suggestions before it begins working on the final version of the guidance, all comments and suggestions must be submitted in either electronic or written form by May 2, 2014.
A version of this article was published in the ‘Financial Times’ on 30 January 2014.
A female member of staff has submitted a request for flexible working to spend more time with her five-year-old son. As a young but fast-growing business it is the first one we have ever had and, to be honest, I am not quite sure how to approach it. What are we expected to do? What are her rights?
Sarah Sammons and Nick Tsatsas of Fladgate law firm advise:
It is a common misconception that a flexible working request creates a right to work flexibly. The law just provides a framework through which a request must be considered. More…
- Calderbank offers give more flexibility than Part 36 offers which may be useful in an unopposed lease renewal context, particularly where the parties have referred any outstanding issues to PACT.
- Parties to unopposed lease renewal proceedings who wish to make offers to settle need to be aware that separate settlement offers may need to be made where there is more than one offer in dispute, to try and build in costs protection.
- Where the remaining issue is rent, a party who makes an offer needs to consider whether rental valuations are likely to change between the time of making the offer and the valuation date and adjust any offer (or perhaps make a further offer closer to the valuation date) in order to build in maximum costs protection. More…
The U.S. Supreme Court has agreed to resolve a split among the federal circuits regarding whether time spent in security screenings is compensable under the Fair Labor Standards Act (FLSA), as amended in 1947 by the Portal-to-Portal Act. The outcome of the case, Integrity Staffing Solutions v. Busk, could have a significant economic impact on employers who require employees to submit to security searches before or after they begin their workday if employers are required to pay for the time employees spend doing so.
By Jeffrey D. Morton
The Canadian Intellectual Property Office (“CIPO”) has started 2014 off on an international foot by announcing its involvement in a new Global Patent Prosecution Highway (“PPH”) pilot agreement. The agreement includes partnerships with many of CIPO’s current patent office partners, as well as seven (7) new offices.
By Andrew Dixon, Articled Student
Voltage Pictures LLC v. Does, 2014 FC 161, marks a new chapter in the tenuous relationship between copyright, technology and privacy. In what is a first for Canada, the Federal Court of Canada has ordered TekSavvy, an Internet Service Provider (“ISP”), to release the names and addresses of subscribers who were alleged to have illegally downloaded movies.
Persuader Rule Postponed: Employers Get Temporary Reprieve from Assault on Attorney-Client Privilege
As we noted in “First Kill All The Lawyers“, last November the DOL announced its intention to move forward this month with the Administration’s Proposed Rule change which would eviscerate the Advice Exemption to the Persuader Rule . Yesterday, the DOL again delayed its timeline for finalizing the Rule.
In November the DOL’s announcement asserted that it intended to publish a Final Rule in March. On March 6, according to Bloomberg BNA, a DOL spokesman asserted that the Proposed Rule would NOT be made final this month. The DOL did not give a new target date for finalizing the Rule, rather it stated it would provide a new date in its Spring Regulatory Agenda which is not scheduled to be released for some months.
President Obama releases his budget
This week, President Obama released his budget. While the president’s budget, which is required by law to be submitted to Congress yearly, is unlikely to move on the Hill, it is a snapshot of the administration’s priorities.
Here are some of the highlights: