Legal Updates

DIVISIONAL COURT SETS ASIDE ENVIRONMENTAL REVIEW TRIBUNAL DECISION TO REVOKE OSTRANDER POINT RENEWABLE ENERGY APPROVAL

On July 3, 2013, Ontario’s Environmental Review Tribunal (“Tribunal”) revoked the Renewable Energy Approval (“REA”) that had been issued by Ontario’s Ministry of the Environment for the construction of a 22.5 MW wind energy project known as Ostrander Point. The Tribunal’s decision was based on its finding that engaging in Ostrander Point in accordance with its REA would cause serious and irreversible harm to Blanding’s Turtle, a threatened species in Ontario. More…

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Understanding Stark/Anti-Kickback Compliant EHR Donation Arrangements

In 2006 and extended in December 2013, CMS issued Stark and Anti-Kickback exceptions/safe harbors permitting EHR technology donation arrangements between hospitals (and other organizations) and physician groups.  This exception permitted hospitals to aid physician groups, who may be referral sources, in acquiring and implementing EHR and other health information technology.  Originally, hospitals had a seven-year […]
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For more information please visit www.omwhealthlaw.com or click on the headline above.

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OSHA Forecast – 5 Important OSHA Issues to Monitor in 2014 (#4 – New Judges to Decide OSHA Disputes)

By the national OSHA Practice Group at Epstein Becker & Green

As we closed the book on 2013 — a truly remarkable year of OSHA enforcement and regulatory activity — we look to the future, and think about what to expect from OSHA in 2014.  Over the next 5 weeks, we will roll out what we believe are the 5 most significant OSHA developments to monitor in 2014.

If you are interested in how accurate our past predictions have been, take a look at these articles from December 2011 forecasting five OSHA developments for 2012 and from December 2012 predicting three developments from OSHA in 2013.

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Den nye forbrugeraftalelov

Den 13. juni 2014 træder den nye Forbrugeraftalelov i kraft. Lovændringen gennemfører EU’s forbrugerrettighedsdirektiv. Ændringen af Forbrugeraftaleloven medfører bl.a. helt nye spilleregler for nethandel.

SKÆRPELSER FOR VIRKSOMHEDERNE

Den nye Forbrugeraftalelov medfører en række ændringer, der må ses som skærpelser over for virksomhederne. Loven kan ikke fraviges ved aftale til skade for forbrugeren. De væsentligste skærpelser i forhold til den nuværende lov er beskrevet nedenfor.

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Data Privacy Alert: Class action puts bulls eye on Target’s directors and officers

As if the executives at Target did not have enough to worry about, Target shareholders recently filed a shareholder derivative lawsuit against 14 of Target’s directors and officers. The complaint is the second shareholder derivative suit filed against these officers and directors.

Plaintiffs allege four counts against the directors and officers: Breach of Fiduciary Duty; Gross Mismanagement; Waste of Corporate Assets; and Abuse of Control. 

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Rubbish

From time to time there are stories of cleaners mistakenly clearing and throwing out modern art work.  One would have to be particularly dedicated to modern art, and po-faced, (or the artist!) not to snigger.
The latest report comes from Bari in Italy where a cleaner has thrown out a work by Sala Murat.  Given that the work is described as “newspaper and cardboard and cookie pieces scattered across the floor”, it sounds like a cleaner-magnet.  Apparently it is valued at €10,000.
The apologetic cleaning firm, which presumably wants to maintain its relationship with the gallery, has said that its insurance would cover the matter.  I wonder if that is right.  If I were acting for the insurers, I would require the insured to defend any claim by the gallery on the basis that the loss was caused by its negligence.  It should have anticipated the potential loss and left a sign for the cleaners saying “Not to be removed”. Normally such a sign might say “Not rubbish”, but perhaps that wouldn’t be true in this case.
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High Number of HIPAA Mobile Device Breaches – Time to Use Safe Harbor Encryption

Most breaches of electronic protected health information (ePHI) reported to the Department of Health and Human Services (HHS) have related to the theft or loss of unencrypted mobile devices. These breaches can lead to potentially hefty civil fines, costly settlements and negative publicity (e.g. Stanford and Idaho laptops or APDerm thumb drive). Given the increasing […]
The post High Number of HIPAA Mobile Device Breaches – Time to Use Safe Harbor Encryption appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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Dissolving barriers to spot rezoning: Is the new ‘pre-gateway review’ system working?

Just over 15 months ago the NSW Government introduced a new review system to help overcome local council resistance to good spot rezoning proposals and to other LEP amendments.   There is a lack of awareness across the industry about how the new system is actually operating.  It’s time to shed some light on the subject.  More…

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Dive into this…

We previously advised of new requirements for swimming pool owners under the Swimming Pools Amendment Act 2012 (Act).

Re-fresher

In 2012, a comprehensive review of the legislation was finalised and a number of amendments were identified which were designed to enhance the safety of children under the age of five years around private swimming pools in NSW. Owners of swimming pools have the responsibility to ensure that the pool is at all times surrounded by a complying child-resistant pool safety barrier. More…

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Knocking Out A Trade Secret Claim–Your Own If You Are Not Careful

A recent federal court decision in California illustrates the care that plaintiffs should take when pleading their own claims in trade secrets cases, lest they provide defendants a ready basis for dismissal. In a January 9, 2014 decision in Jobscience, Inc. v. CV Partners, Inc., et al., the federal district court in the Northern District of California dismissed state law based trade secrets claims as pre-empted by the federal Copyright Act. Luckily for the plaintiff in that case, the plaintiff had actually obtained a copyright registration on the relevant materials and included a copyright infringement claim in the complaint. Thus, plaintiff may still obtain relief in that very action. But it may not ultimately be full relief.

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