Five Technology, Media, and Telecommunications Developments Important to Employers

Our colleagues Brandon C. Ge, Steven M. Swirsky, Daniel J. Green, Lori A. Medley, and Valerie N. Butera (with Theresa E. Thompson, a Summer Associate) contributed to Epstein Becker Green’s recent issue of Take 5 newsletter. In this edition, we address important employment, labor, and workforce management issues in the technology, media, and telecommunications industry:

  1. BYOD Programs: Privacy and Security Issues and Minimizing the Risk
  2. High Tech and New Media: Organized Labor’s New Frontier
  3. A Growing Role for the FTC in Regulating Workforce Management
  4. Avoiding Age Discrimination Complaints in an Industry Noted for a Lack of Age Diversity
  5. Robotics in the Workplace: How to Keep Employees Safe and Limit Exposure to OSHA Citations

Read the Full Take 5 here.

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John P. White Receives 2015 Sector Performance Award

John P. White of Cooper & Dunham has been has been awarded the 2015 Sector Performance Award for Pharmaceutical Patents in the United States by Acquisition International.  The award, decided by a panel of eight corporate experts and an in-house judging panel at Acquisition International after more than 300 hours of judging, recognizes success over the past 12 months.  Acquisition International is a global publication which provides news, opinions and other information for international corporations. More…

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Lidings Advises Japanese Mizuho Bank

Lidings advises Japanese Mizuho Bank on corporate law issues including elaboration of documentation necessary to open and maintain accounts of the bank’s clients.

Upon request of the ZAO Mizuho Bank (Moscow) Lidings corporate and M&A practice lawyers have substantially revised the client’s standard bank account contract for legal entities, elaborating pledge account and escrow account agreements enabling the bank to expand its line of products offered to clients.

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The DC Circuit Speaks – Proving Condition of Payment is Key To Implied Certification False Claims Act Cases

By George B. Breen

On July 10, 2015, in reversing an award of summary judgment in favor of the relator, the U.S. Court of Appeals for the District of Columbia Circuit made clear that in False Claims Act cases brought under an implied certification theory, certifying compliance with the federal statute or regulation at issue must be a condition of payment.

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Many “Independent Contractors” May Now Be “Employees”

E. Jason Tremblay and Megan P. Toth

E. Jason TremblayArnstein & Lehr Attorney Megan Toth

Many “Independent Contractors” May Now Be “Employees” According to the Department of Labor

On July 15, 2015, the U.S. Department of Labor’s issued an Administrator’s Interpretation regarding the application of the Fair Labor Standards Act with respect to the increasing misclassification of workers as “independent contractors.” The DOL’s recent interpretation narrows the classification of independent contractors to very limited and specific situations and thus, more workers may now be deemed “employees” and qualify for overtime under the FLSA.

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Hi-Tech Sports: Another Frontier

1Recently, Epstein Becker & Green attorneys Michelle Capezza, Christopher Farella, Laurajane Kastner and Patrick Lucignani attended the New Jersey Technology Council (NJTC) 2015 Annual Meeting held on July 15, 2015 at the Forsgate Country Club in Monroe, NJ.   A dynamic panel discussed many innovative ways technology is being used in today’s sports and how it may be used in the future. Tools have emerged to assist in coaching, refereeing and reviewing plays, as well as the development of sensors and technology to protect player safety, virtual player training techniques and video analytics to confirm infractions and potential safety hazards, just to name a few.  John Nisi, Regional Chief Technology Officer for Microsoft Consulting Services remarked that one of the biggest challenges in designing these technologies is determining how to bring technology into the game without interfering with the fabric of the game. And many U.S. sports leagues,  such as the NFL, NHL, NBA, MLB, and NASCAR, are eager to utilize these new technologies but they must be designed and tailored to the needs of their particular sports, including the environments in which their sports are played.  Chip Foley, VP of Sports & Entertainment at High Point Solutions, and Adam Davis, Chief Revenue Officer for the Prudential Center & NJ Devils also noted the challenges associated with developing the required infrastructure in sports arenas and venues that can support the new apps and technologies being introduced.  Ian Goldberg, Founder and CEO of iSports360, offered yet another perspective involving use of mobile technologies for youth sports coaches and parents that can assist with training, coaching and managing performance expectations of young athletes.  When asked about sports fan technology, the panelists noted that video, interactive and visualization technologies for fans will become more prevalent.

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New Trial Ordered after Judge Signs up for Dating Site

In a recent (and very odd) decision – R. v. H. (C.D) 2015 ONCA102 – the Ontario Court of Appeal set aside a trial judge’s acquittals of an accused on a number of charges including sexual assault, possession of a weapon and unlawful confinement and ordered a new trial on the grounds that the trial judge’s conduct gave rise to a reasonable apprehension of bias. 
The trial judge had acquitted the accused of sexual assault of his wife, but had found him guilty of the included offence of simple assault.  However, before sentencing the accused, the trial judge declared a mistrial based on a reasonable apprehension of bias that arose out of a meeting that he had in his chambers with the police officer in charge of the case immediately after he delivered the reason for his verdicts.
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The lull before the storm: UK Government announces extension of IHT to more non-dom UK property owners

The first Conservative Government Budget for 19 years will fundamentally change how non-UK domiciliaries (non-doms) are taxed to UK taxes. In this article, we focus on one aspect of the announced changes – the Government’s plan to make more non-doms pay Inheritance Tax on their UK residential property from April 2017, even if it is held in an offshore structure. More…

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All change for non-dom taxation in the UK

The UK Summer Budget 2015 has brought the most significant reforms in the taxation of non-UK domiciliaries in recent years.  However, most of the changes are due to take effect from 6 April 2017, so there will be plenty of time to consider the best course of action if you or your clients are affected.

The changes primarily affect non-doms who are long term residents of the UK and also those with a UK domicile of origin at birth, who return to reside in the UK following a period of absence. More…

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A first look at the new Inheritance Tax Main Residence nil rate band

In his Summer 2015 Budget, the Chancellor has extended the scope of Inheritance Tax (IHT) so that more ‘non-doms’ will have to pay IHT on their UK residential property. However, what the Chancellor takes away with one hand, he gives with another! And so, individuals who personally own a UK residence, whether UK domiciled or not, are getting an IHT tax break.

For deaths occurring on or after 6 April 2017, the Government proposes that an additional IHT nil rate band, the Main Residence nil rate band, will be available, as long as the residence passes to a direct descendant. For married couples and civil partners, this means that assets of up to £1 million can pass free of IHT but, as always, there are conditions to be fulfilled. More…

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