Monthly Archives: October 2011

Helpful Guidance Summarizing the National Labor Relations Board’s Position on Social Media Issues: Two Reports and One Decision

by Steven M. Swirsky and Michael F. McGahan

On Thursday, August 18, 2011, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”) issued a report on the outcome of 14 cases involving employees’ use of social media or social media policies in general. This report follows a more expansive “Survey of Social Media Issues Before the NLRB” issued by the U.S. Chamber of Commerce on August 5, 2011, which addresses 129 cases involving social media reviewed by the NLRB at some level. Further, after these reports were published, an NLRB administrative law judge (“ALJ”) issued the first decision of its kind – finding that terminating employees for using social media to express concerns about the workplace violates the National Labor Relations Act (“NLRA” or “Act”).

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Mark Spognardi writes Employers’ Summer of Discontent: Obama Labor Board pushes anti-employer agenda

Arnstein & Lehr attorney Mark A. Spognardi

Mark A. Spognardi

Arnstein & Lehr Partner Mark Spognardi recently wrote the article, “Employers’ Summer of Disconnect: Obama Labor Board pushes anti-employer agenda,” which appeared in the September 20 issue of the Westlaw Journal. In the article Mr. Spognardi discusses how the National Labor Relations Board (NLRB) has had a busy summer proposing and implementing rules and issuing decisions designed to promote the unionization of America’s workforce.

In the article, Mr. Spognardi states that the board has issued a final regulatory rule requiring employers to notify employees of their rights under the National Labor Relations Act. He comments that the Obama NLRB has been “delivering victories to organized labor at a time when the public sentiment toward unions has become, at best, distrustful and at worst, disdainful.”

To read further about the NLRB’s recent rules, proposals and decisions please click here.

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Mark Spognardi writes Employers’ Summer of Discontent: Obama Labor Board pushes anti-employer agenda

Arnstein & Lehr attorney Mark A. Spognardi

Mark A. Spognardi

Arnstein & Lehr Partner Mark Spognardi recently wrote the article, “Employers’ Summer of Disconnect: Obama Labor Board pushes anti-employer agenda,” which appeared in the September 20 issue of the Westlaw Journal. In the article Mr. Spognardi discusses how the National Labor Relations Board (NLRB) has had a busy summer proposing and implementing rules and issuing decisions designed to promote the unionization of America’s workforce.

In the article, Mr. Spognardi states that the board has issued a final regulatory rule requiring employers to notify employees of their rights under the National Labor Relations Act. He comments that the Obama NLRB has been “delivering victories to organized labor at a time when the public sentiment toward unions has become, at best, distrustful and at worst, disdainful.”

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Food, Beverage & Nutrition Practice Group creates video based on Food Network show “The Best Thing I Ever Ate”

The Arnstein & Lehr Food, Beverage & Nutrition Law Practice Group invites you to watch their video presentation prepared by the group and its members in the style of the popular Food Network show “The Best Thing I Ever Ate.” The video features group members Michael A. Abramson, Howard M. Berrington, Judith L. Grubner, Erik L. Kantz, Michelle G. Novick and George P. Apostolides of Chicago, Randall L. Sidlosca of Miami and Joel B. Rothman of West Palm Beach. Mr. Rothman directed the film.

The film, which is approximately 15 minutes long, can be seen in its entirety here: http://vimeo.com/29218678.

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Students of law filled our Vilnius office

On 6 October, in cooperation with ELSA Lithuania, TARK GRUNTE SUTKIENE organised a reception for students of law. Future lawyers had an opportunity to see the daily life of the business law firm up close, met the Managing Partner Eugenija Sutkienė and Partner Vilius Bernatonis, talked to lawyers and trainees. No question was left unanswered.

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Employers Must Be Prepared To Implement New Meal And Rest Break Practice On Short Notice Now That The California Supreme Court Has Set A November 8, 2011 Hearing Date For Brinker

By:  Michael Kun

Some were beginning to wonder whether it would ever happen.  After more than two years, the California Supreme Court has announced a hearing date in the much-awaited Brinker v. Superior Court case — November 8, 2011.

Unless the Court takes a detour, California employers should finally know the answer to a question that has long driven California’s billion dollar wage-hour class action industry — must an employer “ensure” that employers take meal and rest periods, or are they only required to make them “available” to employees.

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ILN Today Post

Thomas P. Sartwelle Named “Houston Best Lawyers Medical Malpractice Law Lawyer of the Year”

HOUSTON, October 6, 2011— Best Lawyers, the oldest peer-review publication in the legal profession, has named Thomas P. Sartwelle, Partner at Beirne, Maynard & Parsons L.L.P., as the “Houston Best Lawyers Medical Malpractice Law Lawyer of the Year” for 2012.

Best Lawyers designates “Lawyers of the Year” in high-profile legal specialties in large legal communities. A single lawyer in each specialty from each community is honored as the “Lawyer of the Year.” These lawyers have received particularly high ratings in Best Lawyers surveys by earning respect among their peers for their abilities, professionalism, and integrity.

“It is an honor to have been selected for this award. I am flattered and humbled by the praise received from my peers,” says Sartwelle.

For the full release, please click here.

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ILN Today Post

Oil Basins rises from the ashes?

Westport Insurance Corporation & Ors v Gordian Runoff Limited [2011] HCA 37

By Jessica Kinny and Greg Moss of Gadens Lawyers, Sydney

On 5 October 2011, the High Court of Australia (HCA) handed down its decision inWestport Insurance Corporation & Ors v Gordian Runoff Limited[1].  By majority joint judgment, Chief Justice French and Justices Gummow, Crennan and Bell set aside the earlier arbitral award on the basis of a manifest error of law within the meaning of section 38(5)(b)(i) of the Commercial Arbitration Act 1984 (NSW) (the Arbitration Act)[2]. read more

 

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ILN Today Post

Recent Developments in Indian Corporate Law and Corporate Governance

Key changes in the consolidated Foreign Direct Investment (FDI) policy

Department of Industrial Policy & Promotion (DIPP), Govt. of India, vide its fourth revision of Consolidated Foreign Direct Investment (FDI) Policy has made certain key changes in its foreign investment regime.

Following are the key developments in Indian FDI policy which would be effective from 1st October 2011: –

1. More FDI in radio segment: In the FM radio segment, the limit of foreign capital inflows has been raised to 26 per cent from 20 per cent. This would give foreign shareholders in private radio channels more power to take decisions. Besides, this would also induce foreign investors to look into the sector more actively. The move is expected to improve the content of all the radio channels.

For the full newsletter, please click here.

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Healthcare Alert: Physician supervision and scope of practice issues can create liability

Anytime medical services are provided or billed, there are a number of very fundamental questions that must be asked, such as:

  1. Under applicable State or Federal Law, is the individual who is to provide this service licensed, certified or otherwise legally permitted to provide it?
  2. Must the services in question be performed at any particular location or facility, and if so, what are the licensure or certification requirements required of the location or facility?
  3. If services are being provided by a non-physician, what is the level of prior interaction between a physician and the patient that must have occurred in order for the non-physician services to be provided?
  4. If the services are being provided by a non-physician, what sort of supervision by a physician, or coordination of care with a physician, is required in order for the services to be provided, or for the services to be billed at a particular level? What sort of documentation of that supervision or coordination of care is required?
  5. What sort of specific training or certification does the physician need in order to provide the requisite supervision of a non-physician who actually renders the service?
  6. Do the applicable payors have specific enrollment, credentialing and/or reassignment criteria that must be met in order to bill and receive payment for the services?
  7. Are there any special CPT coding, place of service or other claims submission requirements that must be considered?
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