Monthly Archives: December 2012

Lyall Knott Appointed as a Member of EPIC

Lyall Knott, Q.C. has been appointed a member of the Energy Policy Institute of Canada (EPIC). EPIC is a non-profit, non-partisan advocacy group formed by businesses committed to ensuring that the manner in which we produce and consume energy is economically prosperous, environmentally sustainable and positions Canada as a global technology leader. The group has developed a Canadian Energy Strategy Framework that will form the basis of recommendations to federal, provincial and territorial government authorities responsible for energy and environmental policy.

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Lyall Knott Appointed as an EPIC Member

Lyall Knott, Q.C. has been appointed a member of the Energy Policy Institute of Canada (EPIC). EPIC is a non-profit, non-partisan advocacy group formed by businesses committed to ensuring that the manner in which we produce and consume energy is economically prosperous, environmentally sustainable and positions Canada as a global technology leader. The group has developed a Canadian Energy Strategy Framework that will form the basis of recommendations to federal, provincial and territorial government authorities responsible for energy and environmental policy.

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ONC Launches Toolkit on Using Mobile Devices

Theft of mobile devices is one of the most common causes of HIPAA breaches.  Though usage of mobile devices is permitted under HIPAA, users must maintain appropriate security to avoid unauthorized use or disclosure of patient information.  The ONC recently launched a new website entitled: Mobile Devices: Know the RISKS. Take the STEPS. PROTECT and SECURE […]

For more information please visit www.omwhealthlaw.com or click on the headline above.

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ENGINEERING A SUCCESSFUL TRADEMARK OPPOSITION: Canada’s Federal Court finds that KELLY ENGINEERING RESOURCES mark is deceptively misdescriptive

A recent Federal Court decision in Canadian Council of Professional Engineers v. Kelly Properties, LLC reversed a prior Trademarks Opposition Board (TMOB) decision by holding that Kelly Properties’ KELLY ENGINEERING RESOURCES trademark application was not registrable. In the prior TMOB proceedings, the opposing party, Canadian Council of Engineers, was unsuccessful in its opposition to the KELLY ENGINEERING RESOURCES application. On appeal, the Federal Court had to consider three main issues.

Firstly, the Court had to consider the appropriate standard of review for an opposition appeal when new evidence was adduced. The Court affirmed that where new evidence has been filed, as was the case here, if such evidence would materially affect the TMOB’s findings, the Federal Court must come to its own conclusion as to the correctness of the decision after considering the evidence before it.

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ILN Today Post

Lefèvre Pelletier & associés develops its German activity and hires Isabelle KNOCHÉ-HESS as partner for the Frankfurt office

Lefèvre Pelletier & associés confirms the successful development of its office in Frankfurt with the arrival of Isabelle KNOCHÉ-HESS, new partner in Germany.

Prior to joining LPA, Isabelle, both French and German, specialized in Franco-German law, has been practicing since 2003 as lawyer and Rechtsanwältin in firms like Marccus Partners, Lovells and Luther Menold, EYLaw. Before, she worked in Paris for Clifford Chance. Since 2009, she practiced in the ¨Corporate and Commercial¨ department at Marccus Partners and was in charge of the Franco-German desk to assist French clients with German Law aspects. More…

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Michigan becomes 24th right to work state

Michigan Governor Rick Snyder has signed into law “right to work” legislation that will prohibit requirements that a worker join or contribute to a labor organization as a condition of employment. The legislation was introduced last Thursday and passed amid a firestorm of controversy over worker rights. For more on the law’s passage and the debate surrounding it, see our Alert, Michigan passes right to work bills as national debate over role of unions continues.

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Healthcare Alert: EMR donations violate Washington Anti-Rebate Statute

In an Attorney General opinion dated November 20, 2012, the Washington Attorney General ruled that the donation by a laboratory to a referring physician of 85 percent of the software cost of the physician’s electronic health record, when the physician either continued a referral arrangement with the laboratory or subsequently initiates a referral relationship with the laboratory, violates the Washington Anti-Rebate Statute. The Washington Anti-Rebate Statute (RCW 19.68.010) provides that it is unlawful to “request, receive, or allow, directly or indirectly, a rebate, refund, commission, unearned discount or profit by means of a credit or other valuable consideration in connection with the referral of patients . . .” The Washington Attorney General considered a donation by a laboratory to a referring physician for 85 percent of the electronic health record software expenses as well as a donation to a physician practice transferred its referrals to the donating laboratory. While such a donation can be structured to fall within the applicable exception under the Stark Law and the applicable safe harbor under the Medicare and Medicaid Anti-Kickback Law, the Washington Attorney General ruled that such a donation would still be in violation of RCW 19.68.010. 

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Second Circuit Rules That Certain Speech Regarding the Off-Label Use of Drugs Is Protected Under the U.S. Constitution

In a long-awaited decision, on December 3, 2012, a divided panel (2–1) of the U.S. Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia, a former pharmaceutical sales representative for Jazz Pharmaceuticals whom a federal district court jury found guilty of conspiring to introduce a “misbranded” drug into interstate commerce in violation of the federal Food, Drug and Cosmetic Act (“FDCA”).[1] A copy of the full opinion is available here.[2] In this case, the majority held that the First Amendment bars the criminal prosecution of pharmaceutical manufacturers or their employees for truthful, non-misleading speech promoting the lawful, off-label use of an FDA-approved drug.

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Charles W. Pautsch quoted in CFO article on Wal-Mart FCPA issues

Arnstein & Lehr Attorney Charles W. Pautsch

Charles Pautsch

Arnstein & Lehr Milwaukee Partner Charles W. Pautsch was quoted in a CFO.com article on December 6, titled “Wal-Mart: Tip of Bribery Iceberg.” The article discusses bribery investigations in Mexico and India of Wal-Mart’s purported involvement in corruption. Mr. Pautsch comments that Wal-Mart is the “the tip of the iceberg” and mentions that enforcement of the Foreign Corrupt Practices Act was strong in the early 1980s, then waned for a while, but lately has been picking up substantially. Mr. Pautsch also comments that as companies seek to do business in more places in the world, corruption will become an even bigger problem.

To read the article in full, please click here.

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John L. Ropiequet publishes article in the Non-Prime Times journal on impact of FTC rule on auto finance industry

Arnstein & Lehr Attorney John L. Ropiequet

John Ropiequet

Arnstein & Lehr Chicago Partner John L. Ropiequet has published an article in the November/December issue of Non-Prime Times, titled “What Does the FTC’s New Interpretation of the Holder Rule Mean for the Auto Finance Industry?” The article discusses an advisory opinion issued earlier this year by the full Commission that seeks to reaffirm a staff letter from several years ago which asserted that the liability of assignees of credit contracts under an FTC Rule for claims against assignors is not limited to situations where a consumer can rescind the contract. The staff letter’s position has been rejected by numerous courts, and the FTC takes issue with the courts.

To read the article in full, please click here.

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