Monthly Archives: October 2012

Lori Adelson quoted in HR Executive Online on HR-related US Supreme Court cases

Arnstein & Lehr Attorney Lori Adelson

Lori Adelson

Arnstein & Lehr Fort Lauderdale Partner Lori Adelson was quoted in an October 17 article in Human Resources Executive Online, titled “U.S. Supreme Court’s HR Docket.” The article discusses how the Supreme Court will soon hand down rulings that will impact HR-centric areas such as employer culpability in harassment, the Fair Labor Standards Act, the Employment Retirement Security Income Act and class-action certification jurisdiction. Ms. Adelson comments on a case, Vance v. Ball State University, which the High Court will review regarding the definition of “supervisors” with respect to workplace harassment suits. Ms. Adelson states that the case is significant because it can redefine what constitutes a hostile workplace claim. Ms. Adelson also comments on an ERISA case, U.S. Airways v. McCutcheon, which she says is a compelling case because medical-benefit plans need a standard and must know what is appropriate and/or reasonable.

To read the article in full, click here.

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Phillip M. Hudson, III quoted in South Florida Legal Guide on banking litigation issues and loan agreements

Arnstein & Lehr Attorney Phillip M. Hudson, III

Phillip M. Hudson, III

Arnstein & Lehr Miami Partner Phillip M. Hudson, III was quoted in an article in the South Florida Legal Guide, Financial Edition 2012, titled “Addressing Today’s Bank Litigation Issues: Fraud Schemes, Lender Liability Disputes, and Loan Agreements.” The article discusses how South Florida banks are facing a host of challenging legal and compliance issues, from Ponzi schemes to simple frauds to lender liability claims and disputes over loan agreements. Mr. Hudson comments that when it comes to loan agreements, lenders need to be sure to put everything in writing. He also comments that Florida Legislature has increased legal defenses for bankers, and that prenegotiation letters between the borrower and lender are becoming popular.

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Consultation on Government’s ’employee owner’ proposals

Following the Chancellor’s announcement that the Government plans to introduce an ’employee owner’ employment status, the Government has now launched a consultation on the proposals.

Under the new employment status, employee owners will have a different set of employment rights and they will be given shares in the company of between £2,000 and £50,000. Any increase in value of these shares will not be subject to capital gains tax.

Employees taken on this way will have all of the rights associated with other employees except for certain unfair dismissal rights, redundancy pay, and some rights affecting training, flexible working and maternity leave.

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The Women’s Initiative of Epstein Becker Green Hosts 10th Anniversary Event

Regina Kipermanby Regina Kiperman

On Wednesday, October 17, 2012, I, along with over 125 hard-working, well established female professionals, made time to learn what it means to have it all by attending Epstein Becker Green’s Women’s Initiative event titled “Feeling Great and Making a Difference: What Does It Mean to Have It All?”

As I entered the Estrela Penthouse of Le Parker Meridien in search of great women, fine food, and smart conversation, I, a young associate, started to wonder: Do I have it all? Quickly resolving, like all aspiring women do, that I do not have it all, my next thought was: How do I get it!? This was followed by: How will I find the time? I continued to pontificate while noshing on a delicious spread – mini gyros with tzatziki sauce, moist caprese, soft and crumbly swedish meatballs, and of course, chardonnay. Feeling energized and invigorated, I navigated the jovial room in search of both new and familiar faces.

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State Progress Defining What It Means to Be an "Essential Health Benefit"

In addition to the work that states are doing (or purposefully not doing) to implement State Health Insurance Exchanges for operation in 2014, states have also been given the task of choosing a benchmark plan for purposes of defining the essential health benefits (“EHB”), a minimum package of benefits that must be offered by all insurance policies sold in the small group and individual markets beginning in 2014.

Section 1302(b) of the Affordable Care Act directs the Secretary of Health and Human Services (the “Secretary”) to define the EHB. The scope of the EHB must equal the scope of benefits provided under a typical employer plan. Further, 10 broad categories of services must be covered in the EHB package.

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Andra Rubene comments on the intent of the Competition Council to set priorities in choice of cases by delegating adjudication of less significant cases to courts, "Dienas Bizness"

Andra Rubene

When there are not enough resources to accomplish everything it is necessary to set priorities.

Due to that reason one can understand the intent of the Competition Council to review the cases that it has set as priority by refusing adjudication of cases, which do not comply with the priorities specified by the Competition Council.

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Data: A Creative Director’s Perspective

Data, data, data.  Advertising Week was buzzing with chatter about data – its importance for the advertising industry, future implications, how to improve and maximize data, privacy and security issues… The list goes on.  So it was only appropriate for Ogilvy & Mather North America Chief Creative Officer Steve Simpson’s keynote address at the National Advertising Division’s annual conference on Monday of Advertising Week to be focused on big data.  Adweek reporter Katy Bachman put it well in summing up the key takeaway from Steve’s address: “In the age of big data, advertisers need to get their act together when it comes to online privacy.”

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2012 Privacy and Security Year in Review

In 2012, there has been a continuation of the trend toward heightened regulation and enforcement of the privacy and security requirements under the Health Information Portability and Accountability Act (“HIPAA”) and under other state and federal health privacy laws. Although there have not been any significant changes to federal health privacy laws this year, federal enforcement activity continues to be strong.

Recent actions taken by the Department of Health and Human Services (“HHS”) suggest that HHS’s approach to regulating health information privacy and security is continuing to shift in the direction of enforcement as another way to send a message about the importance of voluntary compliance. In 2012, HHS’s Office of Civil Rights (“OCR”) entered into a number of highly publicized settlements with HIPAA covered entities (“Covered Entities”) stemming from alleged violations of HIPAA. Also this past year, OCR launched a new HIPAA audit and compliance program (“Audit Program”), which it initially intends to use for information-gathering and compliance improvement purposes. In addition, HHS continues to promote better privacy and security practices, most recently by incorporating certain privacy standards relating to medical records access into its electronic health records (“EHRs”) incentive program’s eligibility requirements.

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IFLR 1000: Lidings’ banking and finance practice ranked among top practices in Russia

Lidings law firm continues to strengthen its reputation as the leading legal advisor to foreign businesses in the Russian market through growing number of professional awards and top positioning in international legal rankings.

This time the Firm has been recommended by IFLR 1000 – the most reputable professional source in the sphere of international banking and finance consulting.

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ILN Today Post

National Bank of Abu Dhabi, Paris Branch, refinances, for a total amount of 60 million euros, a French SPV owner of a real estate property located avenue George V in Paris.

National Bank of Abu Dhabi, Paris Branch, arranged the real estate refinancing of a real estate property located avenue George V, owned by a French SPV.

National Bank of Abu Dhabi, headed in France by Fadi Halout, was advised, for all the legal aspects of the transaction, by Lefèvre Pelletier & associés, whose team consisted of Christophe Jacomin, Partner, Céline Larmet, Antoine Pampouille, and Benoît Caillaud, associates. More…

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