Monthly Archives: August 2013

Illinois Appellate Court rules on enforcement of restrictive covenants

In a somewhat surprising development, the Illinois Appellate Court recently ruled that restrictive covenants are not enforceable if an employee has worked less than two (2) years for the employer seeking enforcement, unless that employee has received special, additional consideration beyond being hired for agreeing to the restriction. Fifield v. Premier Dealer Services (Illinois Appellate Court, 1st District, June 24, 2013). In other words, agreeing to hire an employee in exchange for his or her agreement not to compete or solicit is insufficient consideration unless the employee works for two or more years.

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OIG Approves Venture Spawned by CMS Hospital Readmission Penalties

In a recent Advisory Opinion, the OIG approved a business venture intended to reduce preventable hospital readmissions by providing post-discharge services to patients.  The venture would sell a package of services to hospitals intended to better coordinate post-discharge care and to help patients adhere to their post-discharge plans of care.  The focus would initially be […]

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

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Andra Rubene comments taking of the decisions of the Latvian Competition Council after expiry of the final deadline set by law, “Dienas Bizness”

Andra Rubene

In the 26 July 2013 article “Bureaucratic battles with the Competition Council” in newspaper “Dienas Bizness”, when commenting taking of the decision of the Latvian Competition Council (the Competition Council) on a cartel of 26 energy builders after the deadline, partner of Tark Grunte Sutkiene Andra Rubene indicates that the discussion on delay of the deadlines for taking of the decisions of the Competition Council is valid and necessary. The decision of the Competition Council that has been taken after the deadline is not invalid; however, such decision is disputable due to violation of applicable procedural norms. At the same time not all procedural violations are recognised as significant basis for repeal of the disputed decision as such. In accordance with the case law an obstacle that the institution has unjustifiably delayed taking of a decision shall be evaluated from the aspect whether thereby the decision less favourable to private person has been taken than it would have been if taken by the due deadline. 

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Andra Rubene comments taking of the decisions of the Latvian Competition Council after expiry of the final deadline set by law, “Dienas Bizness”

Andra Rubene

In the 26 July 2013 article “Bureaucratic battles with the Competition Council” in newspaper “Dienas Bizness”, when commenting taking of the decision of the Latvian Competition Council (the Competition Council) on a cartel of 26 energy builders after the deadline, partner of Tark Grunte Sutkiene Andra Rubene indicates that the discussion on delay of the deadlines for taking of the decisions of the Competition Council is valid and necessary. The decision of the Competition Council that has been taken after the deadline is not invalid; however, such decision is disputable due to violation of applicable procedural norms. At the same time not all procedural violations are recognised as significant basis for repeal of the disputed decision as such. In accordance with the case law an obstacle that the institution has unjustifiably delayed taking of a decision shall be evaluated from the aspect whether thereby the decision less favourable to private person has been taken than it would have been if taken by the due deadline. 

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"Will Eric Holder set drug offenders free?" THELAW.TV, Bruce Reinhart

Bruce Reinhart was interviewed by THELAW.TV regarding last week’s drug policy change suggested by Attorney General Eric Holder. The change involves cutting mandatory minimum sentences for some non-violent drug offenders.

Click here to view the interview.

http://news.thelaw.tv/2013/08/20/will-eric-holder-set-drug-offenders-free/

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Healthcare Alert: Be cautious in recommending other professionals

From time to time physicians, dentists and other healthcare professionals are called upon to make recommendations for, or respond to inquiries concerning other professionals. Sometimes this involves inquiries received from state agencies, hospitals or other healthcare entities. Sometimes it is the result of a direct request from the other professional for a letter of recommendation.

A case decided in May 2013 by the Court of Appeals for Franklin County, Ohio demonstrates why healthcare professionals should exercise great care in responding to these types of requests or inquiries.

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Oil and Gas Alert- Recycling wastewater from fracking: Regulatory oversight imminent

As discussed in our Energy Forum earlier this year, Water challenges in the oil and gas industry,”  the procurement and disposal of water are persistent challenges for the budding natural gas industry. Each horizontal well requires millions of gallons of chemically treated water in order to fracture the shale and produce oil and gas. Much of that water flows back to the surface (flowback), along with brine that is produced after fracturing is complete and production commences. All of this flowback and produced brine has to go somewhere, often to a Class II Injection Well. However, the drilling waste disposal landscape is beginning to change as injection wells are more frequently the target of concern, criticism and regulation.

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Adding Primary Jurisdiction To The Defense Lawyer’s Toolbox

When the preemption defense is not available, it may still be possible to effectively dismiss a plaintiff’s claim by arguing that the court should consider primary jurisdiction. Primary jurisdiction is a judicially created doctrine that addresses the proper relationship between court and administrative agencies.

Raising primary jurisdiction may be particularly helpful to food and cosmetics manufacturers where a plaintiff’s particular deceptive trade practice allegations may not be specifically addressed by FDA (or Nutrition Labeling and Education Act , “NLEA” ) regulation. A case in point is Astiana v. Hain Celestial Group, Inc., a putative class action in which plaintiffs alleged that the defendant’s claims of “all natural” and “pure, natural & organic” were false and misleading under California law.  In dismissing the case, the California court agreed that the FDA, rather than the court, should evaluate plaintiffs’ claims in an administrative setting in light of the complexity of the issues presented and the agency’s expertise in the subject matter. 

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More About T.G.I. Friday’s Family Leave Violations

Our blog contributor Anna A. Cohen, an Associate in the Labor and Employment practice at Epstein Becker Green, was quoted in an article titled “TGI Fridays Busted for Family Leave Violations.”

Following is an excerpt:

The leave policy of TGI Fridays violates the Family and Medical Leave Act, and the popular restaurant chain has agreed to change its company-wide policy and pay one employee back wages, according to the Department of Labor (DOL).

The DOL announced the company’s agreement on Aug. 7, following an investigation of a TGI Fridays restaurant in Shreveport, La. There, an employee took FMLA-covered leave but the company didn’t reinstate the employee to the same or equivalent position, as required by the law.

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ILN Today Post

NSW Tribunal Reform: The Building Expert’s Next Business Opportunity?

From 1 January 2014, the Consumer Trader and Tenancy Tribunal (CTTT) will close its doors and the NSW Civil and Administrative Tribunal (NCAT) will commence operation.   For (some) building experts, the change may present an opportunity for increased and more frequent expert consultation work.  Others may be left behind.
Building experts in the CTTT are most frequently, but not exclusively, seen in: More…

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