ILN Today Post

Increased damages for sexual harassment in line with community standards

A recent decision of the full Federal Court of Australia has signalled that courts will likely award higher compensation for non-economic loss in sexual harassment cases in line with community standards.

In February 2013, the Federal Court found Oracle vicariously liable for the sexual harassment of a female manager by a male sales consultant during a six month period in 2008.  Oracle was found vicariously liable partially due to an inadequate code of practice which was not properly tailored to Australia discrimination law.  Click here to read our March 2013 update about the first instance decision.  More…

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Special Immigration Alert: USCIS Releases Updated Guidance on H-1B Eligibility for Nurses

On July 21, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum (“PM”), dated July 11, 2014, which provided the first new guidance on H-1B eligibility for nurses in 12 years!

Current U.S. immigration law[1] recognizes that a position is H-1B eligible if, among other things, a specialized baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position. Traditionally, registered nurse (“RN”) positions have not been considered H-1B eligible by the USCIS because they do not normally require at least a bachelor’s degree in a specialized field or its equivalent.[2]

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Special Immigration Alert: USCIS Releases Updated Guidance on H-1B Eligibility for Nurses

On July 21, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum (“PM”), dated July 11, 2014, which provided the first new guidance on H-1B eligibility for nurses in 12 years!

Current U.S. immigration law[1] recognizes that a position is H-1B eligible if, among other things, a specialized baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position. Traditionally, registered nurse (“RN”) positions have not been considered H-1B eligible by the USCIS because they do not normally require at least a bachelor’s degree in a specialized field or its equivalent.[2]

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"The Grifting Wing vs. The Governing Wing," by Steve LaTourette

Vocabulary.com defines a grifter as: A grifter is a con artist—someone who swindles people out of money through fraud. If there’s one type of person you don’t want to trust, it’s a grifter: Someone who cheats someone out of money.

Historically, grifters have taken many shapes. They were the snake-oil salesmen who rolled into town promising a magical, cure-all elixir at a price. The grifter was long gone by the time people discovered the magical elixir was no more magical than water. They were the sideshow con men offering fantastic prizes in games that were rigged so that no one could actually win them. They were the Ponzi scheme operators who got rich promising fantastically high investment returns but returning nothing for those sorry investors at the bottom of the pyramid.

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Contrary to Misconceptions, a Final Guidance is Not a Final Rule

Earlier this week, a popular source of regulatory news published an article claiming FDA “finalized a new rule this week that prohibits manufacturers from using so-called “split-predicates”. (link) However, it appears that the article may instead be referencing the Final Guidance for Industry and Food and Drug Administration Staff entitled “The 510(k) Program: Evaluating Substantial Equivalence in Premarket Notifications [510(k)]” that FDA published earlier this week.  Unfortunately, as often occurs on the Internet, the post was disseminated by several other popular sources of regulatory news.

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Week of July 28, 2014 on ILNToday – A Roundup!

August is here already, and that means September is around the corner – fall is coming! It looks like we’re in for some storms on the east coast this weekend, so before building your ark, take a look through this week’s top posts!

 

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ILN Today Post

Changing roles

This article was previously published in RICS Building Surveying Journal.

Gillian Birkby examines the legal implications of Health and Safety Executive proposals on changes to the Construction (Design and Management) Regulations with an eye to how they will work in practice.

The Health and Safety Executive’s (HSE) aims in updating the CDM Regulations 2007 include improving worker protection, health and safety on smaller construction sites and discouraging bureaucracy. Where possible, it has implemented the government’s policy of reducing regulation, but at the same time incorporated the European mobile sites directive. More…

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ILN Today Post

Recent court decision on tiered dispute resolution clauses

Is an agreement to engage in “friendly discussions” before commencing arbitration enforceable?

Tiered dispute resolution clauses

Tiered dispute resolution clauses, also known as ‘escalation’ clauses, require the parties to undertake one or more forms of alternative dispute resolution (ADR), typically negotiation and/or mediation, before commencing formal litigation or arbitration proceedings. More…

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McDonald Hopkins Government Strategies: This Week in Washington — August 1, 2014

What was once considered must pass legislation – to deal with the crisis on the border with Mexico – is now in disarray in both chambers. In the House, Republican leaders are hoping to take a second whack at passing an emergency border-funding package, after they suddenly backed off a planned vote Thursday afternoon amid discontent within their own ranks.

The legislation had been unlikely to advance in the Senate, and already had been ticketed for a presidential veto. But the decision to pull the $659 million measure represented a major embarrassment for Speaker John Boehner and his leadership team—especially for Rep. Steve Scalise. He does not officially become majority whip until Friday, but he and his new whip team had made this the first bill in which they had become actively engaged in vote-gathering.

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State of the Creative Series: Interview with Chief Creative Officer at Weber Shandwick

As mentioned last week, we got to wondering, what does it mean to be a creative in today’s world? How many “legs” does an idea have to have when advertisers and marketers are targeting various demographics, each using multiple media devices and social media platforms? And does having all that data mean you or anyone else knows how to use it?

We posed these questions to Chief Creative Officers at some of the world’s leading ad agencies and will be posting their responses here over the next few weeks. Together, they should give us an interesting take on the state of advertising creative today.

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