News

Mind the ‘gender pay’ gap

Mandatory gender pay reporting has been on the agenda for employment lawyers for some time. Originally foreshadowed in the Equality Act 2010, finally draft regulations are now entering the consultation phase and UK employers are gearing up for their introduction later this year.

In general employers are bound to be concerned. 2015 statistical information released by the Office of National Statistics shows that the gender gap is still at 9.4% for full-time employees on a national level.   A sector by sector analysis shows that jobs which are traditionally perceived as attracting a greater proportion of females, such as nursing and midwifery professionals, have the narrowest gender pay gap (at -0.2%), but that occupations where women are generally under-represented, such as financial services managers and directors, typically have a much higher gender pay gap (at 34.9%).

 

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Cessie- en verpandingsverbod in een contract

Wie een vordering heeft op een ander uit een met die ander afgesloten overeenkomst, kan die vordering in principe overdragen of verpanden. Omdat juristen vinden dat zij bezig zijn met het recht zoals dat door de Romeinen is uitgevonden, noemen zij overdragen “cederen” en de overdracht “cessie”. Om de een of andere reden noemen ze verpanding wel “verpanding”.

Het is echter mogelijk (zegt de wet) in het contract waaruit de vordering ontstaat te bepalen dat die vordering niet overdraagbaar is (voor de fijnproever: artikel 3:83 lid 2 BW) en niet kan worden verpand. In 2003 had de Hoge Raad uitgemaakt dat als partijen A en B een dergelijke afspraak hebben gemaakt er geen sprake is van een contractueel verbod, maar van een onmogelijkheid. Het is niet alleen dat A zijn vordering niet aan C mag overdragen, hij kan het ook niet, evenmin als hij een blok beton van 1000 kilo in zijn eentje van het huis van B naar dat van C kan slepen.

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Law360 names attorneys who moved up firm ranks in Q1

Law360 listed attorneys by firm who have been promoted during the first quarter of 2016. Included in the list for Beirne, Maynard & Parsons are Scott R. Davis in the Houston office, Robert M. Rosen in the Dallas office and Thomas Louis Colletta, Jr.  in the New Orleans office, who were all promoted to partner earlier this year.

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Nye støtteordninger til biogas

Nyt lovforslag om ændring af lov om fremme af vedvarende energi – støtteordninger til biogas træder i kraft 1. juli 2016.

Tilskud til biogasproduktion har været besluttet politisk siden Energiaftalen fra 2012, men har afventet EU-Kommissionens godkendelse, idet reglerne indebar statsstøtte. EU-Kommissionen har nu godkendt støtteordningerne for en 10-årig periode, hvorfor det fra den 1. juli 2016 bliver muligt at søge støtte til biogas.

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A Question of Privilege: Protecting Data in a Clinically Integrated Network

In this emerging era of healthcare reimbursement based on value, many providers are considering different ways to provide services to patients.  The old fee-for-service model, which often awarded providers based on volume, is being replaced with a model that incentivizes providers to provide quality care at reduced costs.

In order to position themselves for value-based reimbursement, many providers have banded together to form clinically integrated networks (CINs) to coordinate and standardize patient care across various service lines.

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Spotlight on Big Data and Connected Devices

As the number of connected devices grew (the so-called “Internet of Things”), so, too, did the risk of data hacking and unauthorized access to sensitive personal information. After the Federal Trade Commission (FTC) action against, and its settlement with, in-store beacon tracking company Nomi Technologies, other companies — especially the makers of data-connected devices and apps — spent time and money on ensuring that they provided consumers with transparency and choice with respect to how and when their data was collected.

The continued collection, sale, and use of vast amounts of consumer data in the Big Data industry regularly was raised as a primary concern of the FTC due to the perceived lack of transparency and consumer control.

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The Rise of Ad Blocking

2015 saw the continued rise of programmatic buying and cross-device tracking, as well as the continued focus on related concerns such as ad fraud and privacy compliance. These trends will remain pertinent in the coming year, and marketers and their agencies should continue to be mindful of transparency and privacy issues when conducting media buys.

The big issue to grab the spotlight in 2015 was ad blocking. Ad blocking is not a new phenomenon; it has long been a concern of agencies, marketers, and publishers. Recent developments, however, significantly broadened the potential for the use of ad blocking technology.

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Political Advertisers Campaign to Avoid Transparency and Disclosures

Political candidates and their supporters have been projected to spend a record $11.4 billion on advertising during the election cycle ending on Tuesday, November 8, 2016. As a result of legal and media developments that occurred in 2015, much of this advertising will withhold from voters the identity of the people paying for it. 2015 should be remembered as the year that political advertisers rejected transparency and disclosure in their campaign communications, and received support in that effort from the government and the press.

Reformist politicians and public interest groups pushed the Federal Election Commission (FEC) to require advertisements placed by political action committees (PACs) to more clearly identify the individuals paying the bills, but the FEC did not act. As a result, ads nominally sponsored by PACs with indistinguishable patriotic names continue to proliferate, and voters continue to have little knowledge of who actually is funding those ads.

 

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Regulators Scrutinize Social Media Campaigns

2015 saw greater regulatory scrutiny of social media marketing campaigns. Specifically, the Federal Trade Commission (FTC) advised on social media promotions, online influencers, and online reviews.

In an update to Frequently Asked Questions (FAQs) about its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the FTC Endorsement Guides), the FTC reiterated that entries into a contest in return for an endorsement required a clear and conspicuous disclosure that the post was incentivized.

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Regulators Continue to Focus on Native Advertising Practices

Native advertising is still on the rise, with marketers continuing to shift media buys into the sponsored content arena as a means of addressing issues such as ad fraud, viewability, and ad blocking – which are primarily issues for traditional display advertising. By way of context, native advertising spending rose from $4.7 billion in 2013 to $7.9 billion in 2014 and is projected to rocket beyond $20 billion by 2018, according to data reported by Business Insider.

The FTC has expressly taken the position that long-standing consumer protection principles apply to native advertising, and that native advertising disclosures are required and subject to enforcement under Section 5 of the FTC Act.

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