Monthly Archives: October 2010

ILN Today Post

Recent Developments in the Federal Prescription Drug Pricing Programs

The U.S. Department of Health and Human Services (“HHS”) recently issued several program guidances and announcements related to two federal prescription drug pricing programs: (1) the Section 340B Discount Drug Program (“340B Program”), administered by the Health Resources and Services Administration (“HRSA”); and (2) the Medicaid Drug Rebate Program (“MDRP”), administered by the Centers for Medicare & Medicaid Services (“CMS”). We have set forth below an overview of these recent developments.

I. 340B Program: Two Advance Notices of Proposed Rulemaking: Public Comments Sought

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Update on Noncompete Legislation Pending in the Massachusetts Legislature

Last April, I summarized in detail a pending bill (House No. H4607) which would amend the current law on noncompetes. (See April 13, 2010 Blog Entry).  The bill was considered a compromise bill since there was other legislation filed that sought to make all noncompetes in Massachusetts unenforceable (similar to California).  While that bill has not progressed at all, many observers thought that the “compromise bill” would have support, even though it would have made many current agreements unenforceable and would have made it more difficult for employers to protect proprietary information.

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ILN Today Post

Immigration Alert: October 2010

October 2010

I.  Large Health Care Organization Pays $257,000 in Civil Penalties to Settle Citizenship Discrimination Claims

II.  U.S. Department of Labor Issues Proposed Rule on H-2B Wage Rates

III.  Fifth Circuit Rules that Hotel Workers on H-2B Visas Are Not Entitled to Recoup Visa Expenses Under FLSA

IV.  Court Strikes New York State Bar to Nonimmigrants Seeking Pharmacist License

V.  October 15, 2010, H-1B Cap Count

VI.  Reminder: 2012 Diversity Visa Lottery Ends on November 3, 2010

VII.  DOS Issues November 2010 Visa Bulletin

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Connecticut Court Enforces Non-Compete Agreement With No Stated Geographic Limitation

In October 2010, in Xplore Technologies Corp. v. Killion, CV10-5013459S, a Connecticut state court examined whether a non-competition clause that had no specified geographic requirement was enforceable. The Court enforced the clause and held that the geographic area was defined by the uniqueness of the product at issue and the limited potential customers for it.

The plaintiff engineers, develops and markets rugged computer tablets intended for work under extreme conditions, such as the military or outdoor work for a company such as AT&T. The plaintiff’s only competitors in the business are Panasonic, Dell and the defendant DRS Technologies, Inc. (“DRS”). A former employee, who was employed by the plaintiff for approximately six years, agreed to join DRS to promote products and services, including the rugged computer, to businesses like AT&T. When the plaintiff sought an injunction to enforce the non-competition clause, DRS argued, among other things, that the clause was unenforceable because it had no geographic limit.

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ILN Today Post

Update: BC’s Cap and Trade Regulations – Consultation Papers Released

 

Just a quick update on our blog post last week. Today, the Ministry of Environment released two consultation papers in connection with BC’s proposed cap and trade legislation under the Greenhouse Gas Reduction (Cap and Trade) Act

The consultation paper for Cap and Trade Offsets Regulation can be found here (pdf); and

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ILN Today Post

My Recent Interview with "The Miami Herald’s" Work/Life Balance Act Blog

I was recently interviewed by Cindy Krischer Goodman, columnist of The Miami Herald’s Work/Life Balance Act Blog, to discuss the EpsteinBeckerGreen Women’s Initiative, and what women in the workplace should be doing to help each other advance in their careers. Please go HERE to read the interview.

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ILN Today Post

DAVIS MALM ATTORNEY DAVID M. COGLIANO CONDUCTS SOCIAL MEDIA PROGRAM FOR NORTH CENTRAL MASSACHUSETTS CHAMBER OF COMMERCE

On October 20, 2010, Davis Malm attorney David M. Cogliano conducted the employment law program “Using Social Media as an HR Tool” for the North Central Massachusetts Chamber of Commerce. Mr. Cogliano discussed social media from an employer’s perspective – from pre-employment inquiries to maintaining compliance with post-employment agreements. He addressed what employers must fully consider regarding the use and misuse of social media at each stage of the employment relationship as well the liability and possible corporate embarrassment employers face when ignoring the risks of social media. This presentation also explored the issues employers should consider in deciding whether or not to encourage use of social media.

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ILN Today Post

SIX DAVIS MALM ATTORNEYS NAMED 2010 MASSACHUSETTS "SUPER LAWYERS RISING STARS"

Davis, Malm & D’Agostine, P.C. is pleased to announce that six of its lawyers were selected as 2010 Massachusetts “Super Lawyers Rising Stars” from a poll of Massachusetts attorneys conducted by Law and Politics Magazine. The six attorneys are featured in the November issues of Boston Magazine and Law & Politics Magazine, along with the other recipients. “Super Lawyers Rising Stars” are selected by Law & Politics after a rigorous multi-phase selection process that includes peer nominations and evaluations and independent evaluation of candidates by the Law & Politics’ attorney-led research staff. Selections are made on an annual, state-by-state basis and only 2.5% of the eligible attorneys in Massachusetts are selected. To qualify, an attorney must be age 40 or younger, or in practice for 10 years or less.

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ILN Today Post

THIRTEEN DAVIS MALM ATTORNEYS NAMED 2010 MASSACHUSETTS "SUPER LAWYERS"

October 19, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com

Davis, Malm & D’Agostine, P.C. is pleased to announce that thirteen of its attorneys were selected as 2010 Massachusetts “Super Lawyers” from a poll of Massachusetts attorneys conducted by Law and Politics Magazine. David Rapaport was further distinguished by being selected as one of the “Top 100 Massachusetts Super Lawyers” for 2010. Mr. Rapaport and the other Davis Malm Super Lawyers are featured in the November issues of Boston Magazine and Law & Politics Magazine. Super Lawyers are selected by Law & Politics after a rigorous multi-phase selection process that includes peer nominations and evaluations and independent evaluation of candidates by the Law & Politics’ attorney-led research staff. Selections are made on an annual, state-by-state basis and only 5% of the eligible attorneys in Massachusetts are selected.

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Lidings has authored the title "An Introduction to Russian Business Law"

Lidings has authored the title “An Introduction to Russian Business Law”

Lidings, the Russian law firm dedicated to advising foreign companies on all aspects of Russian law, has recently authored the title “An Introduction to Russian Business Law”. Published by Aspatore Books, a Thomson Reuters business, this book discusses key aspects of Russian business law, providing an overview of theoretical legal issues as well as concentrating on practical areas of the law and analyzing recent findings from court cases.

Along with descriptions of the major fields within Russian business law, such as corporate, foreign investment, competition, employment, litigation, and arbitration, this book emphasizes the legislative regulation of specific business areas, including mining, banking and insurance, telecommunication, pharmaceutical, construction, retail, and others.

The authors also focus on more practical topics, from conducting legal due diligence in Russia to providing recommendations to investors on what corporate structure to choose.

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