Monthly Archives: September 2013

ILN Today Post

"Feds Extend HIPAA Obligations, Violation Penalties," Steve Harris for The Hospitalist

“Feds Extend HIPAA Obligations, Violation Penalties,” Steve Harris for The Hospitalist

Steve Harris wrote the article “Feds Extend HIPAA Obligations, Violation Penalties,” for the October 2013 edition of The Hospitalist.

Click here for the article.

http://www.the-hospitalist.org/details/article/5295191/Feds_Extend_HIPAA_Obligations_Violation_Penalties.html

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ILN Today Post

Accomplished healthcare attorney Marc H. Auerbach joins McDonald Hopkins law firm

Miami, Florida (October 1, 2013) – Marc H. Auerbach, a distinguished healthcare attorney, has joined McDonald Hopkins LLC as a Member in the business advisory and advocacy law firm’s National Healthcare Practice Group. A former partner at K&L Gates, Auerbach is based in South Florida, where McDonald Hopkins has offices in Miami and West Palm Beach.

Auerbach counsels a wide range of healthcare entities including physician groups, HMOs, hospitals, academic medical centers, diagnostic facilities, and medical device manufacturers. His vast health and corporate law expertise includes fraud and abuse issues, compensation structures, practice integrations, clinical trials, a variety of purchase or sale engagements, and licensure of intellectual property.

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ILN Today Post

White Paper — "Ten Steps: Best Practices in Hiring Laboratory Professionals," Richard Cooper and James Giszczak with Slone Partners

If you are responsible for hiring, you are in the success business. And when the people you hire are successful it is likely that your company will be successful too. But if the key to success is happiness, how do we find happy people, or people who will be happy and successful in the job we have to offer?

Together McDonald Hopkins and Slone Partners define the ten best hiring practices.

Click here for a full copy of the white paper.

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ILN Today Post

McDonald Hopkins law firm elects seven members

Cleveland, Ohio (October 1, 2013) – McDonald Hopkins LLC, a business advisory and advocacy law firm with offices in Chicago, Cleveland, Columbus, Detroit, Miami, and West Palm Beach, announces the election of seven attorneys to the firm’s membership.

Matthew J. Cavanagh (Cleveland) – Member, Intellectual Property Practice

Jeremy M. Colvin (West Palm Beach) – Member, Litigation Department

Heather M. Kern (Cleveland) – Member, Labor and Employment Counseling and Litigation Practice

Timothy J. Lowe (Detroit) – Member, Litigation Department

Chad J. Richman (Chicago) – Member, Business Department

Jason M. Smith (Cleveland) – Member, Business Department

Amy Spagnole-DeRosa (Miami) – Member, Intellectual Property Practice

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Caveat Resigning Employees: A Lesson From The U.K.

“Gardening Leave” is a legal concept we have imported from England and is often used as a paid notice period to effectuate non-competition and a continuation of the duty of loyalty without the stigma of an outright non-compete. In a recent High Court decision, Thomson Ecology Ltd. v. Apem Ltd, et al. (9/24/13), Deputy Judge John Martin set strict standards on the conduct of a departing employee in terms of communicating his decision to leave to his superiors and to his colleagues and the legal implications of the timing of both.

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ILN Today Post

NY Attorney General brings astroturfers to their knees

My August 9 column discussed how consumer-review websites such as Edmunds were bringing civil lawsuits against marcomms firms posting fake and deceptive reviews or blogs. The column warned how consumer-review websites, which justifiably believe fake reviews tarnish their trustworthiness, are likely to continue resorting to litigation to put an end to the practice.  More…

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5 Issues OSHA Will Target over the Remainder of 2013

By Eric J. Conn, Head of the OSHA Practice Group at Epstein Becker Green

An industry contact recently asked me what five issues I expected OSHA would be focusing its general industry enforcement efforts on for the balance of this year.  Here was my response:

1.  Emergency Exits & Exit Routes – A couple of months ago, OSHA issued an enforcement memorandum directing inspectors to scrutinize whether employers were providing and maintaining adequate means of emergency exit; i.e., unlocked, unobstructed, and clearly marked exit doors and exit routes in compliance with 29 C.F.R. 1910.36.  We just wrote a blog post about this Exit initiative on the OSHA Law Update blog.   The directive applies to all industries and all workplaces, so I expect that will be one item OSHA looks at carefully in all inspections for at least the rest of the calendar year.

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ILN Today Post

BCLI Publishes Report on Common-Law Tests of Capacity

The British Columbia Law Institute (BCLI), formerly known as the Law Reform Commission of British Columbia, is a not-for-profit law reform agency that works to improve and modernize the law.  BCLI has had significant influence on important changes in the law in many different areas.  Most recently, many of its recommendations in areas of family and estates law have been accepted by the Provincial government and have resulted in legislative changes.

BCLI has recently released its Report on Common-Law Tests of Capacity.  This report follows BCLI’s release of its Consultation Paper on Common-Law Tests of Capacity earlier in the year.  See the March 4th, 2013 blog post written by Clark Wilson’s Raman Johal for a brief overview of the paper.

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Supreme Court of Canada: Restrictive Employment Covenants in Quebec are Enforceable When Linked to an Asset Sale

The Supreme Court of Canada has released a decision (Payette vs. Guay Inc. 2013, SCC 45),  upholding a decision of the Quebec Court of Appeal which granted a permanent injunction to enforce a restrictive employment covenant.

Guay Inc. acquired assets belonging to corporations controlled by Mr. Payette. The agreement for the sale of the assets contain non-competition and non-solicitation clauses. To ensure a smooth transition after the sale, the parties agreed that Mr. Payette would work full-time for Guay as a consultant. At the end of the transition period the parties entered into a contract of employment originally for a fixed term and then for an indefinite term. A few years later Guay fired Mr. Payette without a “serious reason”.  Mr. Payette then started a new job with a company that was a competitor of Guay.

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ILN Today Post

Week of September 23, 2013 on ILNToday – A Roundup!

It’s a cloudy Friday morning here in the northeast, but we have the weekend ahead of us, and I’m off for a few days of vacation to beautiful Lake Placid to visit a good friend. Before we head into the roundup, we’d like to offer special congratulations to ILN member Davis & Gilbert, whose band, “Generator Honey,” won Advertising Week’s Battle of the Ad Bands in a shocking upset. We have some talented lawyers here!

For this week’s top posts, we have:

  • A dress code is justified if standards are slipping from Fladgate LLP: This is clearly a hot button issue for our audience, as this article saw the most views of any content we’ve ever shared. Fladgate looks at how to implement a dress code policy for companies that may not have previously had a written one, but are looking to implement one. 
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