Monthly Archives: January 2013

NLRB Recess Appointments “Invalid From Their Inception” and “Void” for Lack of Constitutional Authority Rules the D.C. Circuit

by: Adam C. Abrahms, Kara M. MacielEvan J. Spelfogel and Steven M. Swirsky

In a time when employers do not receive much good news out of Washington D.C., the U.S. Court of Appeals for the D.C. Circuit may have given some very welcome relief to employers facing issues before the National Labor Relations Board (“NLRB” or “the Board”) in light of recent precedent reversing NLRB decisions.  Quoting from early Constitutional authority including The Federalist Papers and Marbury v. Madison, the D.C. Circuit ruled today that President Obama’s “Recess Appointments” of three new NLRB members in January 2012 were unconstitutional and as a result the Board lacked any constitutional authority to act since that time.  Noel Canning v. NLRB

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Week of January 21, 2013 on ILNToday – A Roundup!

We’re at the end of another week here at the ILN, and it’s been an incredibly busy one! So without further ado, here are this week’s top three posts!

  • HEALTH REFORM: Overview of Modifications to the HIPAA Privacy, Security, and Enforcement Rules from Epstein Becker & Green: The much anticipated HIPAA rules were finally released on January 17th after a three year delay – in their latest alert, EBG summarizes the most important points.
  • The rising tide of produced water from McDonald Hopkins: Oil & gas have been hot topics lately, and McDonald Hopkins latest alert gives us another reason to pay attention – fresh water is needed to enable oil and gas production, and using treated, recycled water produced by hydrofracking causes some interesting concerns.
  • Equality is good for business from Miller Samuel: A recent survey shows that a large majority of UK employers are in favor of equality in the workplace. Miller Samuel delves into some of the survey’s highlights.

Happy Friday!


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Labor Relations in the Health Care Industry – What Employers Should Know Now! A Webinar Series

Epstein Becker Green is pleased to announce a webinar series for health care employers focusing on new and more aggressive tactics and strategies being employed by health care industry unions.

This three-part webinar series will provide an in-depth analysis and offer tools to assist employers who currently have union represented workforces as well as those who are or may be facing organizing efforts.

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Andra Rubene on recruiting additional legal specialists in 2013, „Dienas Bizness”

Andra Rubene

In the 7 January 2013 edition of newspaper “Dienas Bizness”, Andra Rubene, partner and attorney at law of TARK GRUNTE SUTKIENE talks about the plans of the law office to recruit additional legal specialists for their team this year.

Andra Rubene notes that at the moment the greatest demand in the market is for legal solutions to complex and atypical situations, but at the same time the demand for universal solutions to standard situations, as well as for day–to-day legal services is also increasing. The demand creates necessity for professionals with different qualifications and experience.

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At An All-time Low, Necessity and Political Power Will Force Increased Union Organizing in 2013

In a year marked by backlash against organized labor in traditional union strong holds such as Wisconsin, Ohio and Michigan, the Bureau of Labor Statistics has reported that union membership reached historic lows in 2012 as the result of that backlash along with other factors dwindled union ranks.

Organized labor lost 398,000 members in 2012 as the percentage of private sector union membership fell to an all time low of 6.6%. When both public and private sector employees are included the rate of union membership is almost doubled to 11.3% though that rate still represents a significant drop from the 11.8% represented in 2011. The rate of public sector union membership (35.9%) remained more than five times the rate of private sector union membership (6.6%), largely attributable to the lack of employee choice under many public sector organizing schemes and the influence unions have in electing their employers.

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Personal Injury Law Update: Sharps loopholes will put workers at risk

A European Directive on preventing sharps injuries in the hospital and healthcare sector should be implemented in full, according to the Association of Personal Injury Lawyers (APIL). The industry body was responding to the Health and Safety Executive’s (HSE) recent consultation on the issue.

The HSE was seeking views on proposed regulations that will give effect to the EU law. Contact Miller Samuel’s injury lawyers for more information on how these laws apply in practice.

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Equality is good for business

Two years after the coming into force of the Equalities Act 2010, a recent survey by the Government Equalities Office (GEO) has found that over 90% of employers are in favour of equality in the workplace.

The Equality Act

The Equality Act came largely into force on 1st October 2010, although other provisions have since come into effect too.

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On January 25, Davis Malm shareholder Thomas S. Fitzpatrick co-chaired the 12th annual “New England Business Litigation 2013” conference hosted by Massachusetts Continuing Legal Education. Mr. Fitzpatrick presented with co-chair Michael F. Connolly at the opening program “Introduction & Key Cases: Year-in Review.” He also moderated the program “Federal Judicial Panel,” which provided insightful, practical tips from Magistrate Judge Judith G. Dein, Judge F. Dennis Saylor IV, and Judge Richard G. Stearns.

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Seeking Legal Declaration of Death for a Missing Person

The disappearance of a loved one or endearing friend is undoubtedly one of the most tragic and painful events that one can experience.

When it appears very unlikely that a missing person will be found, it may become necessary to obtain a legal declaration of death for the person in order to distribute the estate of the person.

The Survivorship and Presumption of Death Act (the “Act”) is a British Columbia statute that governs the application for a legal declaration of death of a missing person. Under the Act, an “interested person” may make an application pursuant to the Act.  An interested person can be any person who is or would be affected by an order declaring that an individual is dead. For example, an interested person can be the missing person’s next of kin, a beneficiary of the person’s life insurance, or even a creditor of the missing person.

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Patient Protection and Affordable Care Act Alert-Issue 3: Health Care Reform – Employer "Pay or Play" Mandate in 2014

The re-election of President Obama and the lack of change in the control of the houses of Congress effectively ensure that the provisions of Health Care Reform will remain in place and will continue along the path of implementation.

This is the third Alert in a series designed to help employers understand and address the effects of Health Care Reform on your businesses so you are in the best position to make decisions in response to these new requirements. Our first Alert dealt with the implementation of new health flexible spending account limits; our second Alert provided guidance on reporting cost of health care coverage on form W-2. At this point, most of the regulatory guidance needed has either not yet been issued or has only been issued in proposed form. Therefore, we will provide the best possible guidance based on existing knowledge. 

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