Legal Updates

Part 2: FTC Updates its Answers to Frequently Asked Questions About Endorsement Guides

As I mentioned last week, I will be continuing to discuss the FTC’s updated answers to its FAQs. This week, Advertising, Marketing & Promotions Partner Allison Fitzpatrick and I will focus on influencers and ambassadors, celebrity endorsements, and social media and promotions. Stay tuned for our last post in the series on online reviews, employee endorsements, monitoring. 

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Multistate Tax Update — August 27, 2015

Multistate Tax Update — August 27, 2015

Washington: Seattle enacts controversial gun tax, which is already being challenged

Seattle

In an Aug. 10, 2015, statement on approval of firearms and munitions tax, which addressed the unanimous passage of Seattle’s “gun violence tax,” Mayor Ed Murray applauded the city council’s vote. The gun violence tax will raise revenues for funding gun violence research, prevention, and education. The mayor said, “Seattle’s youth deserve action and today’s council vote is a meaningful step forward.” 

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Should we put our most critical data in the cloud?

If you are a financial advisor, would you store your clients’ confidential financial and tax details in the cloud?  If you are a hospital, what about patients’ health information?  If you are a school, would you use cloud based software to create reports about individual students?

Australian organisations are using more, and more sophisticated, cloud services

More and more organisations are using cloud services.  The services themselves are becoming more complex, to include not just data storage services but higher-value offerings such as “platform as a service” and “software as a service”.  More…

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Social Media & Employment: Designing A Digital Conduct Policy

In a recent decision, the Employment Appeals Tribunal (EAT) found that the dismissal of a former canal worker was proportionate after he posted on his Facebook account that he had been drunk while on a standby shift and made derogatory comments about has supervisors. Although this was the first Scottish appellate decision dealing with the issue of social media misconduct, the EAT did not require any “special rules” regarding social media but decided the case according to the ordinary principles of employment law. 

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Økonomisk støtte til politiske partier – skattemæssige konsekvenser

Støtte til politiske partier har skattemæssige konsekvenser hos dem, der yder støtten.

Af Bent Ramskov

BESKATNING

I juni måned blev der afholdt folketingsvalg. Ved ethvert valg bruges der ressourcer fra de politiske partier. Disse ressourcer opnås ofte ved, at forskellige personer og selskaber m.v. yder støtte til partierne. Det har været og er stadig et omdiskuteret emne, i hvilken udstrækning der skal være gennemsigtighed med sådan en støtte – hvem giver til hvad? 

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The Even-Hand Rule

If you are acting as an executor, it is important to remember the even-hand rule: unless the Will says otherwise, the executor must treat all of the beneficiaries equally (i.e. with an even hand).

The even-hand rule is not always straightforward because different beneficiaries may receive different interests in the estate.  Consider a case where Beneficiary A has a life interest in an asset and Beneficiary B receives the remainder of that asset when Beneficiary A passes away.  The executor must maintain an even hand between the two beneficiaries.  Practically speaking, it is not a straightforward task.  How does the executor treat two unequal interests equally? 

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Epstein Becker Green’s Wage and Hour App Now Includes All 50 States and More

Wage & Hour Guide for Employers AppWe’d like to share some news with financial services industry employers: Epstein Becker Green has released a new version of its Wage & Hour Guide for Employers app, available without charge for Apple, Android, and BlackBerry devices. 

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Court of Appeals Restores DOL Regulation Barring Third-Party Employers from Claiming Exemptions for Companionship and Live-In Domestic Service Workers

Reversing a decision by the United States District Court for the District of Columbia, an August 21, 2015 decHomeHealthision by the Court of Appeals for the District of Columbia Circuit in Home Care Association of America v. Weil (pdf) has approved a regulation by the United States Department of Labor (“DOL”) extending federal minimum wage and overtime protections to home care workers and live-in domestic service employees employed by third parties. 

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The Boom in Telemental Health

Telemental health seems to be emerging, even booming.  Also referred to as telebehaviorial health, e-counseling, e-therapy, online therapy, cybercounseling, or online counseling, for purposes of this post, I will define telemental health as the provision of remote mental health care services (usually via an audio/video secure platform) by psychiatrists, psychologists, social workers, counselors, and marriage and family therapists.  Most services involve assessment, therapy, and/or diagnosis.   Over the last few years, I have seen a wider variety of care models—from hospitals establishing telepsychiatric assessment programs in their emergency departments to virtual networks of mental health professionals providing telemental health services to underserved areas to remote substance abuse counseling being provided to inmates in state prisons.

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“Do we need to follow a “fair” – or even any – process to dismiss an employee if she has only been employed by us for 18 months?”

We get asked this question a lot by those employers who are aware that, as a rule, an employee requires a minimum of two years’ continuous employment with an employer in order to bring a claim for unfair dismissal. Dismissing an employee without following a correct procedure (which effectively involves warning and consultation) would, from a legal perspective, almost always be unfair. However, if the employee does not have the right to complain, the thinking seems to be that it does not really matter if the dismissal is potentially unfair, since the employer is unlikely to face any repercussions.  More…

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