Monthly Archives: August 2013

ILN Today Post

Robert T. Maldonado to Receive Award

Robert T. Maldonado has been selected to receive the Hispanic National Bar Association’s 2013 Regional President of the Year Award.  Mr. Maldonado is President of the New York Region of the Hispanic National Bar Association and was selected from a pool of highly qualified candidates from across the country.  According to the Selection Committee, his outstanding professional achievements, combined with an exceptional commitment to service, set him apart and makes him worthy of this important recognition.    The award will be presented at the Luncheon & General Counsel Roundtable at HNBA’s 38th Annual Convention in Denver, Colorado on September 5, 2013.  More…

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President Obama’s NLRB Acting General Counsel Appointment Invalid – Court Rules Agency Without Power to Issue Unfair Labor Practice Complaint

By Adam C. Abrahms, Steven M. Swirsky, and D. Martin Stanberry

On Tuesday, August 20th, in an opinion that follows in the wake of Noel Canning, United States District Judge Benjamin H. Settle dismissed an injunction petition filed by Ronald Hooks, a Regional Director  of the National Labor Relations Board, on the grounds that he was “without power” to issue the underlying unfair labor practice complaint.

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Healthcare Alert: Bostwick Laboratories will pay $503,668 to settle civil fraud whistleblower allegations

The United States Attorney’s Office for the Eastern District of New York has issued a press release stating that Bostwick Laboratories, Inc. (Bostwick) has agreed to pay a $503,668 settlement related to allegations that it made illegal payments to physicians in order to induce referrals for laboratory testing services. The Office of Inspector General investigated a whistleblower complaint made by Robert Gluck, M.D., a urologist approached by Bostwick to participate in a study of the PCA3Plus urine assay. In order to receive payment for participation in the study, physicians were allegedly required to send to Bostwick the PCA3Plus assay specimens, as well as prostate biopsy samples which may have otherwise gone to other laboratories for testing. Bostwick then billed Medicare and Tricare for the prostate biopsies, as well as the PCA3Plus assays which the government alleged were not medically necessary because the prostate biopsy is the “gold standard” for prostate cancer detection. The settlement does not involve an admission of guilt by Bostwick.

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Commercial litigator Micah Marcus joins the Chicago office of McDonald Hopkins law firm

Chicago, Illinois (August 26, 2013) – Experienced litigator Micah Marcus, who was recently a partner at Kirkland & Ellis, LLP, has joined as a Member, McDonald Hopkins LLC, a business advisory and advocacy law firm with an 80-year history. He will be based in the firm’s Chicago office.

Marcus’ practice will focus on all aspects of complex commercial litigation, from case development and discovery through trial and appeal. He has more than 14 years of experience in general commercial litigation handling an array of matters including contractual disputes, ERISA and pension matters, labor disputes, asset and business valuation disputes, securities actions and all forms of commercial torts, such as fraudulent transfer, fiduciary duty and negligence claims. Marcus also routinely advises clients regarding corporate liability relating to potential litigation, as well as corporate public disclosure requirements, risk management and general fiduciary obligations concerning corporate restructuring matters.

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Labor and Employement Alert: Illinois’ new gun law directly impacts employers

With the passage of Illinois’ Firearm Concealed Carry Act, employers will shortly confront a new, potentially troublesome workplace issue: concealed firearms. The new law makes Illinois the 50th state to enact legislation allowing concealed carry and permits Illinois residents and non-residents who meet specified qualifications to apply for a license to carry a concealed firearm—defined as a concealed loaded or unloaded handgun carried on or about a person or within a vehicle.

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Lidings’ Partner Stepan Guzey commented on the information letter concerning cases dealing with foreigners published by The Supreme Commercial Court

Stepan Guzey, Partner and Head of Tax and Customs practice at Lidings participated in the discussion dedicated to the information letter concerning cases dealing with foreigners published by The Supreme Commercial Court. Mr. Guzey has shared his views live on ZakonTV, the first Russian television channel for professional legal community.

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Article Series: Hydraulic Fracturing in Illinois

Arnstein & Lehr Attorney Matthew E. Cohn

Matthew E. Cohn

Arnstein & Lehr Attorney William J. Anaya

William J. Anaya

What Is An Owner To Do?

Arnstein & Lehr Chicago Attorney William J. Anaya authors the series about “Hydraulic Fracturing in Illinois.” This article in the series begins:

Owners come in different varieties – residential, commercial, industrial and agricultural – to name the more obvious. Hydraulic Fracturing affects each owner similarly, and also, differently. The scope of the recently enacted Illinois Hydraulic Fracturing Act is designed to protect sensitive populations associated with each variety of owner – that is, the people who live, work, visit or own real property used for or near a hydraulic fracturing operation.

The remainder of the article focuses on what an owner can do now that the Illinois enacted the Hydraulic Fracturing Act.

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Criticism of Government’s plans for mutuals

Government plans to outsource public service provision to independent employee-led mutuals should be subject to a ballot of employees and not be ‘forced through’ against their will, Co-operatives UK and the TUC have warned.

The two umbrella groups – representing co-operatives and unions – say that ministers should not ignore the views of workers in their drive to mutualise services.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — August 23, 2013

With Congress out of session, we bring you an abbreviated This Week in Washington

Immigration reform backers urge Boehner to drop Hastert Rule

One of the House’s leading comprehensive immigration reform proponents, Rep. Luis Gutierrez (D-IL) says there are more than the 218 votes necessary to pass immigration reform that includes a path to citizenship in the House. Gutierrez called on Speaker of the House John Boehner (R-OH) to drop the so-called “Hastert rule” that requires a majority of the majority to support a measure before it comes to the floor.

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DAA’s New Privacy Guidance for the Mobile Environment

The Digital Advertising Alliance (DAA) recently issued guidance explaining how its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data apply to certain types of data in the mobile space.  The DAA’s Self-Regulatory Principles are a direct response to the Federal Trade Commission’s (FTC) call for advertising industry self-regulation in the digital space.

The DAA clarified that its Self-Regulatory Principles are applicable to three newly-defined classes of mobile data: (1) data collected from a particular device regarding app usage over time on non-affiliated apps (Cross-App Data), (2) data about the physical location of the individual or device (Precise Location Data), and (3) calendar, address book, phone/text log or photo/video data created by a consumer and stored on a device (Personal Directory Data).  In addition, the DAA reaffirmed the applicability of the Self-Regulatory Principles to the collection of data over multiple sites (Multi-Site Data).   Significantly, the DAA acknowledged that it may not be feasible to comply with the Self-Regulatory Principles on mobile devices in the same manner as on desktops.  For example, devices with small screens might make it difficult to provide notice of Multi-Site Data collection on the same webpage where this data was collected.  In such instances, the DAA stated that notice would be acceptable as long as it is “clear, meaningful, and prominent.”

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