EEOC Convenes Meeting to Discuss “Big Data” Analytics

How, and to what extent, should “big data” analytics play a role in workforce recruitment, development, and retention?  These were some of the questions asked on October 13, 2016  at a meeting convened by the U.S. Equal Employment Opportunity Commission on the use of big data analytics in the workplace.  Based on the exchange with the panel of seven experts, it is clear that the EEOC is cautiously approaching companies’ use of big data in informing employment decisions, and is beginning to think about its role in overseeing big data analytics as applied to the workforce.

Big data analytics in the workplace (sometimes referred to as people analytics) is the pairing of large data sets, comprising information gleaned from a variety of sources, with machine learning techniques in order to make successful, efficient, and non-discriminatory employment decisions.  But panelists cautioned that big data analytics is not a panacea.  Panelist Kelly Trindel, Chief Analyst of the EEOC’s Office of Research, Information, and Planning, expressed concern that the use of big data analytics may inadvertently perpetuate discrimination if the training set on which the analytical algorithms are based comprise a group that itself was the product of discriminatory decision-making.

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Week of October 10, 2016 on ILNToday – A Roundup!

roundupBefore we get into the roundup, we’re thrilled to announce the that ILN is officially welcoming a new member in Australia, Hall & Wilcox! For the full release, and to welcome our newest member, please take a look at the full article. We look forward to many years of fruitful cooperation with this excellent firm.

Now, on to the roundup!

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    ILN Today Post

    International Lawyers Network Welcomes New Firm in Australia, Hall & Wilcox

    OJankowskyThe International Lawyers Network is pleased to announce it has welcomed a new member firm, Hall & Wilcox, a leading Australian law firm with 65+ partners and offices in Sydney, Melbourne, Perth, Canberra and Newcastle. Hall & Wilcox act nationally for Australian based clients and multinational clients with Australian interests, across a number of key practice areas and industries.

    The firm’s purpose is to enable its clients, its people and its communities to thrive by practising smarter law. Smarter law is how Hall & Wilcox works with clients to achieve their business objectives and prosper in times of change.jbarrett

    Hall & Wilcox is ranked in a number of key practice areas in The Legal 500 Asia Pacific 2016 including banking and finance, dispute resolution, employment, real estate and restructuring and insolvency and Chambers Asia Pacific 2016 has ranked three partners as leaders in their respective fields. In addition, a number of the firm’s lawyers are listed in the 2016/2017 Best Lawyers in Australia.

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    Establishing a Business Entity in Ireland

    We are pleased to present to you our corporate guide to Establishing a Business Entity in Ireland.

    Establishing a Business Entity: An International Guide was published this month by the International Lawyers Network (ILN), of which the firm are a member. The collaborative electronic guide offers a summary of key corporate law principles in 22 countries across the globe, serving as a quick, practical reference for those establishing an entity in these jurisdictions. Our corporate team at HOMS Solicitors drafted and contributed the Irish segment of the guide. The full 222 page international guide can be viewed here.

    The ILN is an exclusive, invitation only, association of 91 high-quality, full-service law firms with over 5,000 lawyers world-wide. The Network provides us with easily accessible legal services in 67 countries on six continents. The ILN was a finalist in the Global Network of the Year Award in the Lawyer European Awards 2016.

    For more information on establishing a business entity in Ireland please contact George Kennedy, Partner and head of our Corporate and Commercial Department.

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    Why PR professionals need to grasp the potential liability for pay equity claims

    Pay equity is not just an important topic in the upcoming presidential election. It is also the subject of new regulation. Last week, the U.S. Equal Employment Opportunity Com- mission said that starting in March 2018, it will collect summary employee salary and incentive compensation data for all employers who employ more than 100 staffers. Companies with fewer than 100 employees will also be required to submit this data if they are federal contractors or subcontractors.
    According to the EEOC, this data will “improve investigations of possible pay discrimination which remains a contributing factor to the persistent wage gap” between men and women in similar posi- tions.The EEOC also announced it will use this pay data to assess complaint of discrimination, focus agency investigations, identify existing pay disparities, and will not disclose data for a speci c employer. Instead, it will only publish larger aggregated data that “fully protects employer con dentiality and employee privacy.”
    More information about the revised EEO-1 report, including the new Fact Sheet for Small Business form, and a question and an- swer document are available on EEOC’s website. Even before the EEOC begins collecting this data, a number of leading compa- nies (including Amazon, American Airlines, Johnson & Johnson, and PepsiCo) have voluntarily signed the White House’ Equal Pay Pledge, by which employers agree to review their pay statics annu- ally in an effort to reduce the gender pay gap.

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    Clark Wilson acts for PIRET in closing $143.8 million bought deal

    Clark Wilson acted for Pure Industrial Real Estate Trust (PIRET) (TSX: AAR.UN) in closing its public offering of 26,875,500 trust units, on a bought deal basis, for total gross proceeds of $143,783,925. Vikram Dhir and James Speakman led the Clark Wilson team. See PIRET’s news release for more information.

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    Builder’s risk insurance: the Supreme Court sheds some light on the exclusion of coverage

    By Justin Beeby, from our Insurance Law Practice Group.

    October 13, 2016 — If you are involved in drafting or interpreting insurance policies, you should be interested in the following.

    The Supreme Court of Canada, in Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co., recently ruled on two key points:

    • the appropriate standard of review for standard form contracts; and
    • the interpretation of the faulty workmanship exclusion contained in a builder’s risk insurance policy.

    Click here to read a summary of this decision.

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    Absolut Transformation: How Agencies Are Transforming to Serve a New Generation of Clients

    Earlier this year, I had a revealing conversation with three transformers. I’m not talking about characters from a summer blockbuster, but instead senior marketing executives from three iconic brands: Absolut, GE, and Google

    The subject of our discussion was the ways in which advertising agencies need to transform to serve a new generation of clients. (A subject they know well, since they are driving that transformation.) Today, we get to hear more from: Afdhel Aziz, Global Brand Director for Absolut.

    Absolut, always a marketing pioneer, has created something innovative with the latest project that Afdhel is leading, Absolut Labs. Described as a “marketing innovation lab,” Absolut Labs put the brand at the heart of the nightlife scene, facilitating connections among … Continue Reading

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    If At First it Doesn’t Succeed—FTC Will Try, Try Again to Oppose Hospital Mergers

    Recently, the Federal Trade Commission (“FTC”) faced major losses in challenging hospital mergers.  However, it is clear that the FTC is not backing down, especially given its tendency to conclude that proposed efficiencies do not outweigh the chance of lessening competition.

    In July of this year, the FTC abandoned a challenge to the proposed merger of St. Mary’s Medical Center and Cabell Huntington Hospital in West Virginia after state authorities had changed West Virginia law and approved the merger despite the FTC’s objections. This year as well, the FTC failed to enjoin the Penn State Hershey Medical Center and PinnacleHealth System (“Pennsylvania Hospital Merger”) and the Advocate Health Care and NorthShore University Health System (“Illinois Hospital Merger”) under a relevant geographic market theory in the federal district courts.  However, the FTC promptly appealed to the United States Courts of Appeals for the Third and Seventh Circuits, respectively.

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    Seventh Circuit Vacates Panel Determination That Title VII Does Not Prohibit Sexual Orientation Discrimination and Grants Rehearing En Banc

    On October 11, 2016, the United States Court of Appeals for the Seventh Circuit vacated the July 28, 2016 decision of a Seventh Circuit panel holding that sexual orientation discrimination is not sex discrimination under Title VII (discussed in our August 2, 2016 article) and granted rehearing en banc.  En banc oral argument is scheduled for November 30, 2016.




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