Monthly Archives: October 2013

New York Court Finds that Dodd-Frank Whistleblower Anti-Retaliation Provision Does Not Apply Extraterritorially

By John F. Fullerton III

A New York federal district court has become the second court to hold that the Dodd-Frank anti-retaliation provision, 15 U.S.C. § 78u-6(h)(1)(a), which prohibits retaliation against a whistleblower who makes disclosures required or protected by the Sarbanes-Oxley Act, among other laws, does not apply extraterritorially.  In Meng-Lin Liu v. Siemens A.G. (pdf), a judge of the Southern District of New York, consistent with a decision earlier this year by a Texas district court, held that a Taiwanese compliance officer working for a Chinese subsidiary of a German parent company, who complained within the organization of alleged violations of the Foreign Corrupt Practices Act (FCPA) occurring in China and Korea, and was subsequently discharged, could not sustain his whistleblower retaliation claim in the United States, and dismissed his complaint accordingly.

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I can do that as Committee, can’t I?

Many people who have been appointed committees of a patient’s estate wonder what their rights and duties are in that role.  Some people believe that they are obligated to preserve the patient’s assets exactly as they were at the time of their appointment while others believe that they are entitled to alter the state of the patient’s assets, selling them or changing title, to meet the patient’s needs.  So the question, is who is right?  The answer is, it depends on the situation.

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Is Anybody Going to Click on That? Getting Clients to Read Law Firm Content, A Webinar Recap

Yesterday, I had the pleasure of sitting in on another of the LMA’s Social Media Shard Interest Group’s webinars, this time with Adrian Lurssen of JD Supra. Adrian talked about some best practices for getting clients to read a law firm’s online content, using a case study to walk us through. 

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Ensuring medical implant safety

Stricter monitoring and certification procedures to ensure full compliance and traceability of medical devices such as breast or hip implants have been agreed by the European Parliament.

The proposed legislation seeks to improve transparency of information for patients and medical staff and to strengthen traceability rules, without creating additional burdens for innovative small manufacturers.

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ILN Today Post

MGRA distinguida com 3 prémios de excelência atribuídos pela ACQ Magazine: “Best Energy & Natural Resources Law Firm” “Best Trusts & Estates Law Firm” “Best Patent Law Firm”

A Mouteira Guerreiro, Rosa Amaral & Associados – Sociedade de Advogados, R.L. foi reconhecida pela ACQ Magazine na edição de 2013 dos Law Awards, nas categorias acima elencadas.
MGRA has been recognized by ACQ Magazine in the Law Awards 2013 edition, in the above mentioned categories.

Os prémios atribuídos por esta conceituada publicação representam uma importante distinção para a Sociedade, reconhecendo a excelência dos serviços jurídicos prestados pelos seus profissionais aos Clientes.
This represents a great honour and raises MGRA as one of the leading law firms in the Portuguese market. MGRA is grateful both to its Clients and its team of professionals. More…

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5 Questions We Would Ask OSHA about the Severe Violator Enforcement Program (SVEP)

By Eric J. Conn, Head of EBG’s national OSHA Practice Group

We have written extensively about OSHA’s controversial Severe Violator Enforcement Program (SVEP) here on the OSHA Law Update blog.  If the leadership team in the national office of OSHA invited us to sit down with them, and ask them questions on behalf of Industry about some of the problems with the SVEP that we have described in our articles and blog posts, here is what I would ask them:

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Tipped Employees Under the FLSA

Our colleagues Kara Maciel and Jordan Schwartz, both of Epstein Becker Green, recently cowrote an article for PLC titled “Tipped Employees Under the FLSA.”

Following is an excerpt:

Wage and hour lawsuits certainly are not new phenomena, but in recent years, service industry employees have increasingly made claims regarding tips and service charges. In particular, employers in states such as Massachusetts, New York and California have seen a surge in class actions involving compulsory tip pools and distributions of service charges to employees. Commonly targeted employers include large restaurant and coffee chains, as well as upscale eateries, many of which feature celebrity chefs.

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Effective Risk Management in a World of Growing Cyber Security Threats

By: Alaap Shah and Marshall Jackson

Data is going digital, devices are going mobile, and technology is revolutionizing how care is delivered.  It seems to be business as usual, as your health care organization continues to digitize its operations.  You have even taken measures to help guard against the “typical” risks such as lost laptops, thumb drives and other electronic devices.  However, unbeknownst to you, hackers sit in front of their computers looking for ways into your network so that they may surreptitiously peruse through confidential financial records and sensitive patient information.

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Are Your Restrictive Covenants Enforceable? The Illinois Supreme Court Allows Fifield to Stand

The Illinois Supreme Court recently denied an employer’s leave to appeal the Illinois Appellate Court’s decision in Fifield v. Premier Dealer Services, Inc., No. 1-12-0327, 2013 IL App. (1st) 120327 (June 24, 2013). As a result, unless an employee is given additional consideration beyond employment, an employee must be employed for at least 2 years in order for a restrictive covenant to the enforceable in Cook County, Illinois.

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Renewable Energy To Meet BC Premier’s Objectives

The prospect of new mines, natural gas drilling and the export of liquefied natural gas (LNG) has the Province of British Columbia on the brink of a period of unprecedented growth in the energy and natural resources sector.

In May, the BC Liberal Party under the leadership of Premier Christy Clark was elected on a platform of jobs and the economy. But what might have been missed in all of the hoopla is the Premier’s subtle yet impressive desire to achieve her objectives with the help of the Province’s clean and renewable energy sector, as evidenced by her letters to her cabinet ministers.

Shortly after the Premier appointed the new cabinet in June, she sent out distinct mandate letters to each of her ministers which set out her priorities for government and listed specific initiatives for each Ministry.

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