Dette må du vite hvis du blir utsatt for ykesskade

Dersom du rammes av yrkesskade som fører til medisinsk invaliditet utover 15 % og som reduserer arbeidsevnen og mulighetene, har du krav på en rekke rettigheter både fra forsikringsselskap og fra NAV.

En av disse rettighetene er ménerstatning etter folketrygdloven.  Her har loven lagt opp til to ulike beregningsmåter som den yrkesskadete selv kan velge mellom:  More…

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Liberalization of Electricity Market in Ukraine: Top 10 Things to Remember

An article by Tetyana Kistynyuk summarising ten important issues regarding the energy market in Ukraine in the forthcoming years (there will be a shift from a centralized electricity trading module to a more competitive electricity trading regime). These issues will affect each and every business in Ukraine, especially power generating companies, electricity suppliers (including importers and exporters) and electricity consumers. More…

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Changed gender reporting obligations

A recent move by the Federal Government has seen changes to reporting obligations arising under the Workplace Gender Equality Act 2012 (Cth) (Act), including the delay of new reporting obligations that were scheduled to start on 1 April 2014.  The Government has also introduced the first minimum standard under the Act, with which reporting organisations will need to comply.  More…

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Online Retailing – Who owns what when the music stop

Unlike traditional retailing, online retailers may warehouse a significant amount of stock that has been paid for though not shipped.  This is particularly the case when the customer purchases a range of products meaning that the order cannot be promptly shipped, for instance because the retailer does not have in stock all of the products.  Delivery can be delayed for a number of days if not weeks whilst the entire order is filled.

This creates the following difficulties for administrators appointed to online retailers.  These difficulties were last month addressed by Justice Black of the NSW Supreme Court[1], following an application by the administrators for judicial directions.  More…

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New Hungarian Civil Code – Top Ten Survival Tips

An Article by Ádám Illés seeks to summarize the ten most important matters that have the largest influence on businesses.
1. Compliance of statutes and by-laws of companies with the new law; higher minimum equity capital for limited liability companies
2. Liability of executive officers for damages caused to third persons
3. Less mandatory approach, more latitude in company law
4. Offer of Contract
5. Conflict of general terms and conditions
6. Extended warranty rights for customers
7. Damages may not be claimed on grounds of failing to conclude a contract
8. Premature delivery must be accepted
9. New concept in contractual liability
10. New contract types


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EDR – Curse or blessing?

As my nine year term as a director of Credit Ombudsman Service Limited comes to a close, it is a good time to reflect on industry concerns about external dispute resolution   generally.

COSL’s 2013 annual report (not written by me) deals with the industry’s frustrations well and fairly, and I thought it worthwhile to bring these comments to the attention of a wider audience.  To quote this report:

‘Industry has expressed its frustration at various forums about having to discontinue enforcement action once a complaint is received by an EDR scheme.  Common views are that: More…

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32 Gadens lawyers listed amongst the best

The strength and breadth of Gadens expertise has been recognised in the 2014 Best Lawyers results, recently published in the Australian Financial Review.

Across 28 areas of expertise and 4 capital cities, 32 Gadens lawyers were judged by their peers to be at the top of their game.

A complete list of Gadens’ lawyers listed can be found below: More…

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OSHA Enforcement of Rolling Stock Fall Protection — BioFuels Journal Article

Our colleague Eric J. Conn, Head of the national OSHA Practice Group at Epstein Becker Green, co-authored an article in BioFuels Journal entitled “Railcar Fall Protection: What OSHA Requires from Ethanol Plant Operators.”  Although the article principally addresses OSHA’s enforcement landscape related to work on top of railcars at ethanol plants, the analysis carries over to work on top of any rolling stock (e.g., tanker trucks, railcars, rigs, etc.) in any industry.

Here is an excerpt from the article:

Addressing fall hazards is always among the OSHA’s top enforcement priorities.  Indeed, OSHA’s fall protection standards continue to rank among the most frequently cited year after year.  The use of fall protection equipment for work on top of rolling stock, however, is one of the most confusing and inconsistently enforced OSHA requirements, particularly for work on top of railcars at grain elevators facilities and ethanol plants.

There are numerous work activities that require employees to stand on and walk between the tops of railcars . . .from stowage inspections and prepping cars, to helping guide a loadout spout into a railcar, or allowing state or federal grain inspectors to access railcars for sampling and grading.  With potentially miles of track where these work activities may need to be performed on top of railcars, there often is no feasible method for employees to tie off a harness and lanyard over the tracks.

The article goes on to explain the current state of the law in this area, including a detailed analysis of OSHA’s 1996 Miles Memo (a formal interpretation about rolling stock fall protection requirements), a recent OSH Review Commission decision interpreting the Miles Memo, and a series of recommended practices for employers.

Here is a link to the article.


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Experienced South Florida White Collar Lawyer Robin Ellen Kaplan joins McDonald Hopkins

Miami, Florida (April 21, 2014) – Robin Ellen Kaplan has joined McDonald Hopkins LLC as senior counsel in the business advisory and advocacy law firm’s national White Collar and Government Compliance Practice Group. She is based in Miami and will work in the firm’s Miami and West Palm Beach offices. Kaplan was formerly an attorney at Markus & Markus, a trial and appellate boutique firm.

Kaplan has an extensive background in complex criminal and regulatory defense litigation involving white collar and antitrust matters, in state and federal courts in Florida and around the country. At McDonald Hopkins, she will be joining an experienced and growing team that includes former federal and state prosecutors who have spent decades practicing in the white collar area. “Robin is an extremely talented criminal defense attorney with impeccable credentials. Her wide-ranging criminal defense skills will be a uniquely valuable asset as we further expand our presence in South Florida and nationally,” said Bruce E. Reinhart, co-chair of McDonald Hopkins’ White Collar and Government Compliance Practice Group. Reinhart is a nationally recognized trial attorney and distinguished former federal prosecutor.

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Environmental Diminution Of Property Value And The Creative Plaintiff Valuation Expert

When a homeowner brings a multi-count toxic tort case alleging that a corporate defendant’s discharge of toxic substances from its facility contaminated his property, the diminution of property value claim is often the only element of damages subject to objective determination. Or is it?

In case after case, the testimony of plaintiff property valuation experts is being rejected for failing to comply with Federal Rule of Evidence 702.  There is often little or no dispute that homeowners living adjacent to an area involved in ongoing remediation may have difficulty selling their homes at full market value. And yet, despite the apparent stigma, plaintiff experts in these matters often stumble on their way to the courthouse.  

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