Monthly Archives: January 2013

5 Actions To Consider Regarding the Affordable Care Act

By Greta Ravitsky

The Labor and Employment practice at Epstein Becker Green publishes a regular newsletter called “Take 5: Views You Can Use,” which addresses 5 L&E topics around a related subject.  The January 2013 edition of Take 5 includes some important workplace health issues associated with implementation of the Affordable Care Act (ACA), so we are providing a link to it here on the OSHA Law Update Blog.

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ILN Today Post

Proposal for new legislation dealing with catastrophic injury cases approved (18.1.2013)

By Anna Scanlan, Solicitor, Litigation Department

The Minister for Justice has announced that the government has approved plans to introduce new legislation to deal with catastrophic injury cases. The legislation will allow the courts to make periodic payment orders which they have not been able to make to date.

Under the current regime, there is only provision for a lump sum to be paid which is meant to provide fo…

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Ohio Statehouse Update: Week in Review — January 18, 2013

1. House committee leaders named

House Speaker Bill Batchelder (R- Medina) recently announced committee chairs for the 130th General Assembly. Representative Ron Amstutz (R- Wooster) will continue to lead the influential House Finance Committee, the panel responsible for managing the development of the biennial state budget bill. Ranking minority members and full committee members have not been named at this time.

The House committees, as well as the members who will lead each committee, are as follows:

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HHS Releases Updates to HIPAA Rules

Today HHS released the long-awaited modifications to the HIPAA privacy, security, enforcement and breach notification rules.  A full copy of the rule to be published in the Federal Register is available here.    In a related press release HHS described the impact of the rule as follows: “The changes in the final rule making provide the public with increased […]

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

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Frye Decision in BMW Case Results in Exclusion of Plaintiff’s Experts

In a thoughtful decision handed down in Reeps v. BMW of North America, LLC, 2012 N.Y. Slip Op. 33030(u), on December 16, 2012 in New York County Supreme Court, the Hon. Louis B. York excluded the expert testimony of plaintiff’s two key causation experts in a toxic tort case where plaintiff alleged that a child’s birth defects were attributable to the mother’s in utero exposure to gasoline vapors.

In an earlier article on this blog about the same case, we examined the decision by the First Department, on an interlocutory appeal, which determined that: (1) defendants had failed to demonstrate that the infant’s parents disposed of their BMW with knowledge of its potential evidentiary value; and (2) that plaintiff’s claims against the BMW dealer, sounding in product liability and breach of implied and express warranty, should be dismissed because the dealer was a service provider, not a product seller.

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ILN Today Post


A recent case from the Northern District of California demonstrates the increasing importance for businesses using social media to establish clear policies notifying employees that social media accounts used in connection with their employment are company, not employee, property.


The case, PhoneDog LLC v. Kravitz, concerned a dispute between PhoneDog, which operates a website dedicated to mobile phone news and reviews, and one of its former
employees. In order to increase traffic to the website, PhoneDog requested that its employees maintain Twitter accounts to promote new content on the site. Noah Kravitz, a
PhoneDog employee who served as one of PhoneDog’s product reviewers and video bloggers, used a Twitter account, “@PhoneDog_Noah,” to publicize content published on the site. More…

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The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

I have co-authored an Act Now Advisory on the decision issued by NLRB Administrative Law Judge (ALJ) Joel Biblowitz on January 8, 2013, finding that Quicken Loans’ agreements concerning proprietary and confidential information and non-disparagement unlawfully interfered with these unrepresented employees’ Section 7 rights to engage in concerted and protected activity.  The ALJ decision adopts the expansive views of Acting General Counsel Lafe Solomon and further expands the Board’s involvement in non-union workplaces.

Click here to read the full advisory on

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Non-Unionized Financial Services Employer Found to Have Violated NLRA by Having Overbroad Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Employment Agreement

By: Lauri F. Rasnick

At our October 2012 client briefing we discussed the new attitude of the National Labor Relations Board (“NLRB”) and the fact that non-unionized employers were not immune from the provisions of the National Labor Relations Act (“NLRA”).  The NLRA has been increasingly applied in non-union workplaces.  And most recently, it has found its way into the financial services industry.  In a recent NLRB administrative law judge’s decision, provisions contained in a mortgage banker’s employment agreement were found violative of the NLRA.  The provisions at issue are fairly typical in financial firms’ agreements – confidentiality and proprietary information and non-disparagement.  These are the types of provisions commonly employed to protect a company’s valuable assets and its reputation.  Our Advisory discusses the decision in depth and what it means for employers.

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Clark Wilson to Present at Second Annual Charities Forum

Clark Wilson and the Vancity Community Foundation are hosting their second annual Charities Forum on March 6, 2013.  The event will be held at the Hyatt Regency Vancouver.  The focus of the Forum is on Legacy Gifting and speakers include:

  • Co-Chairs: Mark Weintraub of Clark Wilson LLP and Derek Gent of Vancity Community Foundation
  • Calvin Fong, Manager, Philanthropic Services Vancity Community Foundation
  • Amy Mortimore, Wills, Trusts and Estates Litigation Lawyer, Clark Wilson LLP
  • Doug Puffer, Director, Planned Giving University Advancement, Simon Fraser University
  • Richard Weiland, Tax and Estate Planning Lawyer, Clark Wilson LLP
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Clark Wilson closes $103 million sale of LML Payment Systems

On January 10, 2013, Clark Wilson LLP’s Corporate Finance & Securities Group acted for LML Payment Systems in being acquired by Digital River Inc. for $103 million, creating one of the largest electronic payment processing companies in North America. Clark Wilson’s team included Bernard Pinsky, Stewart Muglich, Craig Rollins, Ethan Minsky and Victor Dudas. Court proceedings in the complex plan of arrangement were handled by Oliver Hanson of Clark Wilson LLP’s Litigation Group.

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