Regions

Proposed amendments to Retirement Villages Act withdrawn

On 5 June 2014, the Government tabled provisions to amend the Retirement Villages Act 1999 (NSW) (the Act) that were scheduled to commence from 4 July 2014 with the commencement of the Statute Law (Miscellaneous Provisions) Bill 2014 (the Bill). Those changes to the Act have since been withdrawn.

The Bill commenced on 4 July 2014 without the amendments to the Act included.  They had been removed by the legislative council on 18 June 2014 prior to the Bill being passed. More…

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Construction Law and Litigation: Ohio Supreme Court Ruling simplifies contract drafting, negotiation, and enforcement

The Ohio Supreme Court issued its decision in Transtar Electric, Inc. v. A.E.M. Electric Servs. Corp., Slip Opinion 2014-Ohio-3095 on July 17, 2014. Although it does not change the underlying principles with respect to pay-when-paid vs. pay-if-paid provisions, the Court’s decision announces a bright-line rule that should simplify the issue.

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HRSA Issues Interpretive Rule on 340b Orphan Drug in Response to Court Vacating Final Rule

By Constance Wilkinson, Alan Arville, and Jonathan Hoerner

On July 23, 2014, the Health Resources and Services Administration (“HRSA”) issued an “interpretive rule” entitled “Implementation of the Exclusion of Orphan Drugs for Certain Covered Entities under the 340B Program” (the “Interpretive Rule”).[1] The Interpretive Rule follows the ruling by the U.S. District Court for the District of Columbia on May 23, 2014, that vacated the final rule previously released by HRSA on the treatment of orphan drugs under the 340B program (the “Final Rule”).[2]

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Supreme Court Rules Early Dismissal of Cases Beneficial

In Quebec, Article 165 of the Code of Civil Procedure(“Code”) provides the courts of that province with a mechanism, at a preliminary stage, to put an end to actions that are bound to fail.  In a recent Supreme Court of Canada decision (Canada (Attorney General) v. Confederation des syndicats nationaux, 2014 SCC 49), the court ruled that judges must be cautious in exercising this power:  although the proper of administration of justice requires that the court’s resources not be expended on actions that are bound to fail, the cardinal principle of access to justice requires that the power be used sparingly, where it is clear that an action has no reasonable chance of success. 

 In this case, the court agreed that an action brought by the Confederation des syndicats nationaux and the Federation des travailleurs et travailleuses du Quebec (referred to collectively as the “Unions”) was bound to fail, finding that the application of the doctrine of stare decisis was fatal to it.  A previous decision of the Supreme Court of Canada had settled the law on the legal issues that the action raised.  That previous decision deprived the Unions’ motion to institute proceedings of any legal basis. 
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The “intern-al” problem for the fashion industry

This article is taken from the latest edition of Fladgate’s Fashion Update.  Please email the marketing team on marketing@fladgate.com to be added to the mailing list for future updates.

The use of unpaid interns in the fashion industry is nothing new, but they have been very much in the spotlight in 2014. Earlier this year, a former intern at Alexander McQueen – backed by campaign group Intern Aware – brought a claim for over £6,000 in lost wages in respect of a four-month placement in 2009-10. The start of London Fashion Week was also marked by a demonstration by Intern Aware and students at King’s College London against the use of unpaid interns in the fashion industry. More…

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — July 25, 2014

A House Republican working group, headed by Rep. Kay Granger (R-TX), laid out a series of recommendations for legislation to deal with the current crisis on our southern border. These recommendations include:

  • Deploy the National Guard to the border to assist Border Patrol agents. Granger did not say exactly what the number of troops might be.
  • Require the Homeland Security Department to craft and implement a plan to “gain operational control” of the southwest border.
  • Address border-security issues in Central America and Mexico.
  • Create repatriation centers to help families and unaccompanied minors once they return to their home country.
  • Implement aggressive messaging campaigns—which are already underway in Honduras, Guatemala, and El Salvador. These are aimed at exposing the dangers of the journey to the U.S. and dispelling the myth that children will be permitted to enter the country.
  • Process family units within five to seven days. Children should have a fast-tracked immigration-court hearing within seven days after a child welfare official’s screening. More judge teams and temporary judges would be added.
  • Establish an independent commission to craft metrics to show if initiatives to secure the border are working.
  • Create tough penalties for smugglers and disassemble transnational criminal organizations.
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State of the Creative Series: Interview with Chief Creative Officer at Ogilvy & Mather North America

In case you haven’t noticed, things have changed a lot in the advertising and marketing industry. With bigger bandwidth and faster, smaller, cheaper digital devices, the world is staggeringly more connected. With home-grown, artisanal wine, cheese, whiskey . . . pants . . . the world is a lot more “local” as well.  And, of course, all of the choices you make – whether it’s the restaurant where you just ate, the starlet you just Googled or the selfie you just posted to Instagram – are obsessively observed, analyzed, and sold to by advertisers and marketers.

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Largest Ever Equal Pay Claim for Network Rail

Network Rail are facing what may turn out to be the largest equal pay claim in the company’s history.

This claim comes as an additional blow after the company were found to have missed punctuality targets and amid protests about bonuses for senior male staff topping £1million.

30 female employees are involved in the claim against Network rail brought by the Transport Salaried Staffs Association (TSSA). If the claim is successful, it may include up to 3,000 women.

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Traditionsunternehmen Flanschenfabrik Hüttental erfolgreich aus Insolvenz verkauft

Die insolvente Flanschenfabrik Hüttental mit Sitz in Siegen – eine der  ältesten  Flanschenfabriken  Europas – hat  wieder eine Zukunft: Insolvenzverwalter Bruno M. Kübler von der bundesweit tätigen Kanzlei KÜBLER hat das Traditionsunternehmen an einen Investor verkauft. Der Standort und alle Arbeitsplätze bleiben erhalten.  More…

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Multistate Tax Update — July 24, 2014

The U.S. Supreme Court granted certiorari in Alabama Dept. of Revenue v. CSX Transportation, Inc., — S. Ct. —- (2014), on July 1, 2014. While the Court generally addresses the questions presented in the writ of certiorari if it decides to hear the case, the Court added a question of its own for the parties to argue and brief in its grant:

Whether, in resolving a claim of unlawful tax discrimination under 49 U.S.C. § 11501(b)(4), a court should consider other aspects of the State’s tax scheme rather than focusing solely on the challenged tax provision.

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