North America

White House Call to Action Could Spur More States, Including New York, to Act Against Non-Competes

Political winds disfavoring non-compete agreements for low wage and rank-and-file workers continue to blow, and appear to be picking up speed.

On October 25, 2016, the White House took the unusual step of issuing a “Call to Action” to states regarding non-compete agreements, as part of the President’s initiative to stoke competition across the economy.  Calling non-competes an “institutional factor that has the potential to hold back wages and entrepreneurship,” the Call to Action seeks to reduce the misuse of non-compete agreements nationwide.

President Obama called on state policymakers to join in pursuing best-practice policy objectives, including:

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What does the Advertising Self-Regulatory Council Dealing with in 2016?

There aren’t a lot of rules on the Internet. The World Wide Web is a wild west environment where the standard rules regarding sales tax, privacy, and decorum don’t apply. All of which makes it seem like a strange place for self-regulation. And yet, that’s the mission of the Advertising Self-Regulatory Council, the industry body that regulates advertising not only on traditional media such as print, TV, and radio, but also online.

Given how quickly advertising has expanded on Internet sites and social media, that’s not just a tricky job—it’s a very big one. This year, the Commissioner of the Federal Trade Association delivered a keynote at a summit hosted by one of ASRC’s constituent organizations (the Electronic Retailing Self-Regulation … Continue Reading

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Wage Fixing and No Poaching Agreements: New Antitrust Guidance Threatens Criminal Prosecution

Our colleague Daniel J. Green, an Associate at Epstein Becker Green, has a post on the Trade Secrets & Noncompete Blog that will be of interest to many of our readers in the technology industry: “Aggressive New Antitrust Guidance for Human Resources Professionals Threatens Criminal Prosecution for Certain Unlawful Wage Fixing and No Poaching Agreements”

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Aggressive New Antitrust Guidance for Human Resources Professionals Threatens Criminal Prosecution for Certain Unlawful Wage Fixing and No Poaching Agreements

Following up on a string of civil enforcement actions and employee antitrust suits, regarding no-poaching agreements in the technology industry, on October 20, 2016 the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) issued Antitrust Guidance for Human Resources Professionals (the “Guidance”). The Guidance outlines an aggressive policy to investigate and punish employers, and individual human resources employees who enter into unlawful agreements concerning employee recruitment or retention.

The Guidance focuses on three types of antitrust violations:

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    Doesn’t travel well

    There are issues that frequently arise when devising and implementing an estate plan involving assets in both a civil-law jurisdiction, such as Quebec, and a North American common-law jurisdiction like Ontario or Florida.

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    Bernie Madoff’s Frauds Continue To Reverberate Years Later

    Seven years after Bernie Madoff was sentenced to 150 years in prison for frauds worth an estimated US$65 billion, the legal shockwaves from his disgraced empire continues to reverberate.  In a case that was recently decided by the Grand Court of the Cayman Islands, the court determined how the remaining value of a Cayman “feeder fund”, once part of the Madoff empire and now in official liquidation, should be distributed among its investors.


    In this case, Herald and Primeo were open-ended investment funds.  They both placed funds for investment with a Madoff-related entity called BLMIS. 


    In 2007, Primeo assigned the credit of its account with BLMIS to Herald in return for subscribing for shares in Herald. 
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    Final Rule on ACA Issued by OSHA – Employment Law This Week

    Featured on Employment Law This Week: The Occupational Safety and Health Administration (OSHA) has issued a final rule for handling retaliation under the Affordable Care Act (ACA).

    The ACA prohibits employers from retaliating against employees for receiving Marketplace financial assistance when purchasing health insurance through an Exchange. The ACA also protects employees from retaliation for raising concerns regarding conduct that they believe violates the consumer protections and health insurance reforms in the ACA. OSHA’s new final rule establishes procedures and timelines for handling these complaints.  The ACA’s whistleblower provision provides for a private right of action in a U.S. district court if agencies like OSHA do not issue a final decision within certain time limits.

    Watch the segment below:

    The post Final Rule on ACA Issued by OSHA – Employment Law This Week appeared first on OSHA Law Update.

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    Telehealth Innovation in Texas: Has Texas Gotten A Bad Rap?

    Much of the recent media scrutiny may suggest that Texas has gotten a bad rap when it comes to telehealth. But have recent reports painted an incorrect or unfair picture of telehealth innovation in Texas? The TexLa Telehealth Resource Center (“TexLa TRC”) certainly thinks so.

    Recent media attention focused on Texas telehealth innovation suggests Texas is behind the telehealth curve. In a recent report, the Texas Business Association said, “Texas lags behind other states in establishing a supportive regulatory environment for the expansion of these services,” while the American Telemedicine Association ranked Texas as one of the worst states for provision of telehealth services in its May 2015 and January 2016 [1] state report cards.

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    RSS welcomes Nicolas Drolet, a choice resource for the aviation industry

    October 24, 2016 — RSS is pleased to announce that Nicolas Drolet recently joined its Insurance Law Practice Group.

    First and foremost a litigator, Nicolas plays a much wider role with the aviation and air transport industry, since he has an advantage that very few lawyers share: he holds a valid airline pilot licence, an occupation that he pursued for many years. He therefore has first-hand knowledge of the aviation world that clients will definitely appreciate.

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    Top Five Takeaways from MedPAC’s Meeting on Medicare Issues and Policy Developments — October 2016

    The Medicare Payment Advisory Commission (“MedPAC”) met in Washington, DC, on October 6-7, 2016. The purpose of this and other public meetings of MedPAC is for the commissioners to review the issues and challenges facing the Medicare program and then make policy recommendations to Congress. MedPAC issues these recommendations in two annual reports, one in March and another in June. MedPAC’s meetings can provide valuable insight into the state of Medicare, the direction of the program moving forward, and the content of MedPAC’s next report to Congress.

    As thought leaders in health law, Epstein Becker Green monitors MedPAC developments to gage the direction of the health care marketplace. Our five biggest takeaways from the October meeting are as follows:

    1. While Accountable Care Organizations received high marks for quality they failed to produce Medicare savings in 2015.

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