North America

Chris Ramsay presents at the Continuing Legal Education Society of BC

Chris Ramsay will be presenting today at The Continuing Legal Education Society of BC event “Bankruptcy & Insolvency 2014“. In this full day event, which is taking place at the Pan Pacific Hotel, Chris will be presenting on Informal Proposals. In particular, what an informal proposal is, the advantages and disadvantages of acting for the debtor/creditor, the contents of a forbearance agreement as well as the Fraudulent Conveyance Act, the Fraudulent Preference Act, and the BIA.

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FINRA Reminds Employers that Employees Can Communicate with FINRA and Employers Need to Let them Know!

By Kenneth DiGia and Lauri F. Rasnick

FINRA just issued a reminder regarding its views on confidentiality provisions and confidentiality stipulations.

Settlement Agreements

In Regulatory Notice 14-40, FINRA follows up on its prior Notice to Members 04-44, in which it had cautioned firms about the use of certain provisions in settlement agreements that impede, or have the potential to impede, FINRA investigations and the enforcement of FINRA actions.  Specifically, FINRA had addressed settlement agreement provisions which limited, prohibited or discouraged employees from disclosing settlement terms or underlying facts in dispute to FINRA or securities regulators.  FINRA proposed acceptable language to be included in settlement agreements or similar contracts which contain confidentiality obligations.

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Update on BC IPP Supply

Last week, BC Hydro released updated information with respect to its supply of electricity from independent power producers (IPPs). IPPs include power production companies, First Nations, municipalities and BC Hydro customers.

There are a wide variety of IPP projects located across the province and include renewables such as hydro, wind, biomass and biogas, thermal (natural gas), waste heat recovery and municipal solid waste.

The current total BC IPP capacity is 3,914 MW which generates 16,585 GWh of energy per year. The largest “IPP” project listed is Rio Tinto  Alcan’s hydro project (896 MW / 3,307 GWh/year).

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Conveyancing and The Law of Real Property

The questions may be asked what is Conveyancing and why is it attached to the Law of Real Property.

When dealing with the Law of Real Property there are two fundamental points which must be understood‐‐‐

(i) You acquire knowledge of the rights and liabilities attached to the interests of the owner in the land and

(ii) The foundation of the Rules of Conveyancing. More…

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California Controller Launches “Operation Pay-Up”

As if California employers were not already besieged with wage-hour class actions and agency complaints, the state’s controller has now decided to get in on the action.

At The Los Angeles Times reported last week, Controller John Chiang has initiated a new program he calls “Operation Pay-Up” to recover unpaid wages.  The article may be found here:

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Disruptive Technology in the Workplace: Employment Law Considerations

By Steven C. Sheinberg, General Counsel of the Anti-Defamation League & Guest TMT blogger.*

A recent McKinsey report on twelve “disruptive” technologies included four that will fundamentally transform how employers relate to their employees: mobile Internet, automation of knowledge work, the Internet of things and cloud computing. I would add to the list three results of these technologies: big-data, cybercrime and privacy.

From an employment law perspective, the common element here is data – data that flows to, is stored by, and is used (or misused) by employers, third parties and employees.

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Illinois Employers Will Soon Be Able To Legally Pay Their Employees by Payroll Cards, But Beware Of The Fine Print

In August, Illinois Governor Pat Quinn signed into law HB 5622, amending the Illinois Wage Payment and Collection Act (IWPCA), which now recognizes for the first time payment of wages by payroll card. The law goes into effect on January 1, 2015. While the law provides a new option for Illinois employers, they must be careful to comply with the conditions under which payroll cards may be used.

Under the current Illinois law, employers are required to pay employees via check or direct deposit. The current law is silent as to whether payroll cards, which operate like debit cards, can be used to pay wages. Some businesses prefer using payroll cards because, by simply loading the card electronically, they can save the costs involved in preparing physical checks. Employees, however, have been adverse to payroll cards because of fees that have been deducted from their wages. The Illinois Attorney General’s Office found that these fees were both excessive and unfair.

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Patient Engagement and Meaningful Use

I am very excited this week to present with my colleague Dave Schoolcraft at MGMA in Las Vegas.  We have two presentations on Tuesday, the first at 10:15 entitled the Legal Aspects of Meeting Patient Engagement, the second at 2:45 entitled Double Dipping for EHR Funding. Vegas is all about the money, and Double Dipping […]

The post Patient Engagement and Meaningful Use appeared first on OMW Health Law.

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IP attorney Ukeme Awakessien Jeter joins McDonald Hopkins

CLEVELAND, Ohio (October 27, 2014) – Ukeme Awakessien Jeter has joined the Cleveland office of McDonald Hopkins as an associate in the firm’s Intellectual Property Practice Group.

Jeter joins McDonald Hopkins after more than a year at a Cleveland-based intellectual property firm where she handled all aspects of patent and trademark preparation and prosecution for clients. She has experience advising clients and foreign counsel in acquiring and protecting all phases of their intellectual property portfolio. Jeter is experienced in providing infringement, patentability, and validity opinions, trademark prosecution and oppositions, patent portfolio analysis, and drafting various business agreements and documents including confidentiality agreements, nondisclosure agreements and licensing agreements.

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"The ghost of Simpson-Bowles haunts 2014," Steve LaTourette quoted in POLITICO Magazine

Lawmakers may say they want to reform the Tax Code and big government programs like Social Security — though you wouldn’t know it by the midterm election campaign.

Both parties, though especially Republicans, are targeting the relatively few lawmakers who’ve endorsed the deficit-reduction plan drawn up by former Republican Sen. Alan Simpson and one-time Bill Clinton aide Erskine Bowles, regarded by many budget experts as a model of reform and that dirty word — compromise.

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