ILN Today Post

LexCounsel Regulatory Update – October 17, 2016


I. Dispute Resolution under the Companies Act, 2013

The Companies Act, 2013 (“CA 2013”) attempts to modernise the way companies in India are owned and operated, in sync with the practices across the world. In the same spirit, the CA 2013 makes it possible for parties in a dispute before government administrators (such as Regional Director, Registrar of Companies, etc.) or the tribunals formed under the CA 2013, i.e. National Company Law Tribunal or the National Company Law Appellate Tribunal, to request for the dispute to be referred to mediation or conciliation. The process of mediation and conciliation is to be conducted before experts empanelled with the mediation and conciliation panel (“Panel”) under the CA 2013.

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Senior appointments grow Hall & Wilcox Sydney team

Leading independent business law firm Hall & Wilcox has made two senior appointments to grow its corporate and projects presence in the Sydney market and add further depth of expertise nationally.

Paul O’Donnell joins the firm’s Projects team as a partner with a focus on the energy and resources sector.

Paul has extensive experience in the development of energy projects and acquisitions, energy trading and regulation, with a particular focus on renewable energy. Paul’s clients include companies from throughout the energy sector in Australia and internationally.

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Employer Must Abide by Non-Compete Payment – Employment Law This Week

Featured on Employment Law This Week: An employer cannot waive its own non-compete agreement to avoid payment, unless the agreement specifically grants it the right to do so.

An employee of a financial services firm in Illinois signed an agreement that required a six-month post-employment non-competition period in exchange for $1 million from his employer. When the worker resigned, the employer sent a notice waiving the agreement and telling the employee that it would not pay him the $1 million. After waiting out the six months, the employee filed suit against his former employer. The Illinois Court of Appeals found that there was no provision in the agreement that allowed the employer to change the terms without consent from the worker, and because the employee upheld his end of the contract, the employer must pay him what is due.

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ILN Today Post


Gochnour-PhotoRoyal Oak, Michigan, October 18, 2016: Howard & Howard Attorneys PLLC is pleased to announce that Wade B. Gochnour has been selected to the Class of 2017 Leadership Henderson Program. Mr. Gochnour, who resides in our Las Vegas office, concentrates his practice in the areas of business law, commercial litigation and construction law.
“Leadership Henderson is a nonprofit organization under the Henderson Chamber of Commerce Foundation. Designed as a program of exploration and examination, Leadership Henderson examines issues, asks critical questions and strives to provide answers that do not conform to the status quo.

The program is an eight-month course devoted to educating and empowering civic-minded professionals with a goal of building and maintaining a strong network of effective community leaders. Through panel presentations by community leaders and experts, simulations, plus hands-on experiences, participants learn about current issues pertaining to local economy, government, social services, health, gaming, business and education that effect the residents and businesses that call Henderson home. Selection of participants (both acknowledged and aspiring leaders) is based upon demonstrated leadership experience, potential, and abilities.” (

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Twenty-Five Davis Malm Attorneys Recognized by Massachusetts Super Lawyers

The selection process is multi-phased and includes independent research, peer nominations and evaluations that identify a high degree of peer recognition and professional achievement.

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Can employers be vicariously liable for their employees’ crimes? The answer might surprise you…

A recent High Court decision confirms that, in special cases, employers can be vicariously liable for the intentional criminal acts of their employees.

This decision is particularly important for employers whose employees provide intimate care for vulnerable people, including operators of aged care facilities, boarding schools and hospitals.  It shows that these sorts of employers can have liability in the civil jurisdiction for the damage incurred because of their employee’s criminal conduct.


It has long been established that employers can be vicariously liable for the harmful acts of their employees that are done within the course of their employment. In many instances an employer’s liability to pay damages is clear, such as when an employee does their job negligently and causes harm to another.

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Cybersecurity – mitigating the risks

Cybersecurity incidents are increasing and managing these risks has become a priority for all organisations.

Experience has shown that it is best to tackle risks on several fronts: through robust internal procedures and policies, with adequate contractual protections where appropriate, compliance with privacy laws and ensuring that risks are adequately insured.

Hall & Wilcox is delighted to invite you to this seminar where these issues will be explored and discussed.

The speakers will comprise of:

  • Benjamin Mossé, Chief Executive Officer at Mossé Security, a Cashel Group cyber security partner
  • Fergus Brooks, Cyber Risk Practice Lead at Aon Australia (Melbourne only)
  • Stephen Trickey, Cyber Risk and Insurance Specialist at Aon Australia (Sydney only)
  • Ben Hamilton, IP & Technology Partner at Hall & Wilcox
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Controls Imposed by Franchise Agreements May Support Class Action Claims That Franchisees Are Actually Employees

Claims that employees have been misclassified as independent contractors remain a focus for private plaintiffs and government agencies. Contracts that exert control over the business of another company may be a particularly fertile source of misclassification claims by plaintiffs seeking unpaid wages.

Two recent suits arising from franchise agreements with Jani-King, described by the Third Circuit as “the world’s largest commercial cleaning franchisor,” demonstrate the potential liability that can arise under these circumstances.

Wage Hour Division Sues Based on Misclassification of Franchisees

Last week, the Department of Labor filed suit claiming that franchisees of Jani-King of Oklahoma Inc. are actually employees under the Fair Labor Standards Act.

The DOL alleges that the franchisees typically have no employees of their own, but rather are individual who are required to pay Jani-King a franchise fee, royalties, and other payments to receive cleaning assignments.

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Part 3 – Lessons from the Ashley Madison Privacy Investigation

In Part 1 and Part 2 of these updates we have explored a number of Privacy Act related issues that were identified by the Acting Australian Information Commissioner and Privacy Commissioner of Canada (Privacy Commissioners) during their investigation of the Ashley Madison data breach. A lot of discussion about the Ashley Madison hack has focused on privacy compliance issues and the data breach itself.

In our last update on the Ashley Madison Privacy Investigation, we will discuss the issue of misleading or deceptive conduct in the context of the data security claims made by Ashley Madison.  While this issue was not directly addressed in the Privacy Commissioners’ report, we thought it would be worthwhile to briefly look at the issue.

Ashley Madison’s security claims

The Ashley Madison website included a series of security trust-marks on its front page prior to the data breach.

The trust-marks found on the Ashley Madison website are set out in Figure 1.

Figure 1: Trust-marks 1

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MACRA Released

On Friday, CMS released the MACRA final rules, its innovative payment system for Medicare replacing the sustainable growth rate formula and the EHR Incentive Program for Medicare providers. MACRA creates the framework for providers to participate in the CMS Quality Payment Program through either the Advanced Alternative Payment Models (Advanced APMS) or the Merit-based Incentive […]

The post MACRA Released appeared first on OMW Health Law.

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

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