Monthly Archives: June 2013

TUC urges last gasp intervention on tribunal fees

The TUC has called on MPs to make a last-ditch effort to halt plans for employment tribunal fees, warning that if the fees go ahead many of the UK’s lowest paid workers will be priced out of justice.

While the government’s plans for tribunals include a ‘remission scheme’ which will make some of the lowest paid exempt from the proposed costs, the TUC believes that a substantial proportion of workers who are on the minimum wage will still be required to pay fees of up to £345 to take a case to an employment tribunal.

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THINGS THAT SHOULD KEEP THE TELEHEALTH COMMUNITY AWAKE AT NIGHT (Part 1)

We all know that telehealth is going mainstream.  The numbers speak for themselves.  A leading research firm predicts that 2.8 million patients worldwide used home-based remote monitoring devices in 2012—expected to increase to 9.4 million connections globally by 2017.  Another firm projects that the number of patients using telehealth services in the United States will grow to 1.3 million in 2017, up from 227,000 in 2012.  Even less rosy projections predict growth to 2 million patients worldwide by 2017.  The news is even better in subspecialties like telepsychiatry   that are showing tremendous adoption rates all across the country.  And the federal government is voicing its support for telehealth adoption in a variety of ways including awarding millions of dollars in grant funding for telehealth projects under its Centers for Medicare and Medicaid Services Health Care Innovation Awards program.

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Declaring Control in Expungement Proceedings

In De Grandpré Chait v. Mead Products LLC, the Trademarks Opposition Board (the “Board”) maintained the registration for YEAR-IN-A-BOX (the “Mark”), which is registered for use in association with calendars. At issue was whether the registrant, MeadWestvaco (the “Registrant”), had demonstrated sufficient control over the entity selling the calendars in Canada in association with the Mark so as to maintain the registration of the Mark on the Canadian Trademarks Register. Importantly, Section 50(1) of the Trade-marks Act  states that if a trademark owner licenses the trademark for use by another entity and the owner has, under the license, direct or indirect control of the character or quality of the wares or services being provided by such entity in association with the licensed trademark, then the use of the trademark has the same effect as if used by the trademark owner itself.

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Barry Katz quoted in Software Advice article about lease agreement amendments

Arnstein & Lehr Attorney Barry R. Katz

Barry R. Katz

Chicago Partner Barry Katz was quoted in a June 3 article titled “Six Lease Agreement Amendments to Make Airbnb Work for You (Not Just Your Tenants)” for Software Advice. Airbnb is a website where users may post their apartment to be rented out to travelers, as one would when booking a hotel room. Mr. Katz offers his thoughts on what landlords can do to legally protect themselves.

To read the article in full, please click here.

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Urology Group Challenge to Stark Regulations Is Too Little Too Late

A recent federal district court decision granted summary judgment to the government in a lawsuit by a urology group challenging the 2008 changes in Stark regulations affecting “under arrangement” services for hospital patients.  The decision illustrates the significant barriers to a successful challenge to these regulations. The challenge focused on the 2008 regulatory changes that […]

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

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Federal Trade Secret Enforcement Initiative Results in Swift Action

In February 2013, the Justice Department announced a federal trade secret enforcement initiative that rested in large part on encouraging American businesses to adopt best practices in the area and diligent pursuit of civil remedies, and on parallel criminal law enforcement. As noted in the initiative outline, “The Department of Justice has made the investigation and prosecution of corporate and state sponsored trade secret theft a top priority.”

Over the last ten days, events unfolded in New Jersey that showed this new policy initiative to be one involving real action. Those events began with a timely filed civil action by Epstein Becker Green (“EBG”) on behalf of Becton, Dickinson & Company (“BD”) that led to a May 31, 2013, restraining order against Ketankumar Maniar, a former BD employee planning to leave the country in days with BD trade secrets in his possession. The facts developed by BD and EBG, along with the civil court filings, were provided to federal law enforcement officials.

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Intellectual Property Law Update: Competitive Relationship Clarified in Unfair Trade Practices Ruling

Arnstein & Lehr Attorney David Newman, Intellectual Property Practice Group


Competitive Relationship Clarified in Unfair Trade Practices Ruling

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Recent HIPAA Settlement Illustrates the Importance of Performing Risk Assessments.

Last month, the Department of Health and Human Services (HHS) entered into a resolution agreement with Idaho State University (ISU) to settle HIPAA violations related to ISU’s electronic health records system.  Under the agreement, ISU agreed to pay $400,000 to HHS to settle the claims. ISU’s HIPAA violations resulted from its failure to detect disabled […]

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

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ILN Today Post

Real Estate (Regulation and Development) Bill

The Union Cabinet has reportedly approved the Real Estate Regulation & Development Bill (the “Bill”) on June 04, 2013, which seeks to regulate the real estate sector, which has so far been largely unregulated. Due to the lack of a robust regulatory mechanism and speedy litigation process, consumers have been at the receiving end in transactions with developers/builders with their rights often being compromised. It is expected that the Bill will reduce frauds, delays and corruption in the real estate sector and protect the interests of consumers. 

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Week of June 3, 2013 on ILNToday – A Roundup!

It’s a rainy Friday here in the northeast, with the remnants of Tropical Storm Andrea hitting the coast. So without further ado, here is this week’s roundup!

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