North America

DAVIS MALM ATTORNEYS NAMED TO Best Lawyers in America© 2015

Davis Malm is pleased to announce that three of its shareholders have been selected by their peers for inclusion in The Best Lawyers in America© 2015, one of the oldest and most respected peer-review publication in the legal profession.

We congratulate the following shareholders chosen for work in their respective fields:

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Accomplished workers’ compensation attorney Jo Ann Wasil joins McDonald Hopkins

CLEVELAND, Ohio (August 19, 2014) – JoAnn Wasil, a highly regarded workers’ compensation attorney, has joined McDonald Hopkins to practice law in the firm’s national Labor and Employment Group, which represents management in all aspects of workplace law. Wasil is the co-author of the 1,200-page Ohio Workers’ Compensation  Law Practic

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1st Circuit Court of Appeals Upholds Tax Refund In False Claims Act Case

The United States Court of Appeals for the First Circuit upheld the district court’s decision allowing Fresenius Medical Care Holdings, Inc. (f/k/a National Medical Care, Inc.) to deduct $95 Million from a $385 Million dollar civil settlement under the False Claims Act (“FCA”).  Accordingly, the First Circuit affirmed the district court’s tax refund judgment in […]

The post 1st Circuit Court of Appeals Upholds Tax Refund In False Claims Act Case appeared first on OMW Health Law.

For more information please visit or click on the headline above.

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BMP Partner Elected To Membership of ABOTA

August 2014


HOUSTON – Beirne, Maynard & Parsons, L.L.P. is proud to announce that Scott Marrs, a trial lawyer in its Houston headquarters, has been elected to the American Board of Trial Advocates (ABOTA). ABOTA is an invitation-only organization dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution. Elected members are some of the nation’s most experienced and respected trial lawyers. Marrs has over 20 years of experience as a trial lawyer providing legal counseling in international, energy, intellectual property, and complex commercial matters, both domestically and internationally. He is also on the Board of the General Counsel Forum (Houston Chapter), serves on the Advisory Board for the Institute for Energy Law (IEL), has served as Chair and Vice Chair of the International Association of Defense Counsel’s Business Litigation Committee, and was previously in the Legal, Natural Gas, and Land departments of a major energy company.

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7-Eleven Franchise Operators’ Overtime & Minimum Wage Lawsuit Given Green Light by NJ District Court

By Maxine Neuhauser

For retail and hospitality industries especially,  it is turning out to be a long, hot summer as franchises continue to be in the employment law spotlight.  

On July 29, 2014 the NLRB’s General Counsel announced a decision to treat McDonald’s, USA, LLC as a joint employer, along with its franchisees, of workers  43 McDonald’s franchised restaurants with regard to unfair labor practices charges filed by unions on behalf of the workers and authorized charges against of both the franchisees and McDonalds. (See our July 30 blog post  and Aug. 4, 2014 Aug. 14 blog post)

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32 attorneys at McDonald Hopkins selected for inclusion in Best Lawyers® 2015

Cleveland, Ohio – Thirty-two attorneys at McDonald Hopkins have been selected by their peers for inclusion in Best Lawyers 2015. The 21st edition of Best Lawyers is based on more than 5.5 million detailed evaluations of lawyers by other lawyers.

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Wal-Mart Ordered to Compensate Former Employee for Workplace Bullying

To state the obvious, there is no precedent until it is done for first time.  So said the Ontario Court of Appeal in confirming a record damage award against an individual employee in the case of Boucher v. Wal-Mart Canada Corp. 2014 ONCA 419.

 Meredith Boucher began working for Wal-Mart in 1999.  She was a good employee.  In 2008, Boucher was promoted to the position of assistant manager at a Wal-Mart store in Windsor, Ontario.   She reported to the store manager, Jason Pinnock. 
For health reasons, Wal-Mart is required to maintain temperature logs which record temperatures of food and dairy products stored in its coolers.  Boucher was responsible for ensuring the logs were maintained.
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NLRB Again Expands Its Definition of Protected Concerted Activity – One Hand Clapping May Be Concerted

By Ian Gabriel Nanos

We have written about it before but a recent NLRB decision is yet another example of the NLRB’s expanding and expansive view of what constitutes protected, concerted activities, and is therefore protected under the National Labor Relations Act.  In Fresh & Easy Neighborhood Mkt, the NLRB (Chairman Pearce and Members Hirozawa and Schiffer) found that an employee engaged in protected, concerted activity when the employee spoke to co-workers about a single act of sexual harassment that was “seemingly directed at [the employee] alone.”   The majority noted that it did not matter whether she thought or believed that she was engaged in protected activity. 

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — August 15, 2014

Newly elected House Majority Leader Kevin McCarthy (R-CA) released a memo to House Republicans last Friday  titled “Initial September Outlook” .

McCarthy’s memo focuses on three items which, he says, members might “wish to factor into your district events” over this summer recess—including a package that deals with the Keystone XL pipeline and other energy matters.

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Where’s the Beef? McDonald’s, Joint Employers and the NLRB II: What “Labor” Says it Means

Following the NLRB’s announcement on July 29th  of its position that McDonald’s and its franchisees are joint employers, commentators across the spectrum have been opining about this actually means for employers, unions and workers.

This week the AFL-CIO weighed in with its opinions in a post on its blog AFL-CIO NOW.  After recounting the background of the developments, in section called “What’s the Big Picture?” the author points out how organized labor intends to take advantage of the Board’s anticipated broadening of the standards for finding joint employer status:

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