Monthly Archives: March 2014

LinkedIn 2.0: Efficient Strategies for Busy Lawyers – A Webinar Recap (Part I)

Apparently, this is the week for excellent webinars, because I had the privilege of attending another amazing one this afternoon. The LMA’s Social Media Shared Interest Group offered LinkedIn 2.0: Efficient Strategies for Busy Lawyers, featuring presenters David Ackert (@DavidAckert) of The Ackert Advisory and Jonathan Fitzgarrald (@JRFitzgarrald) of Greenberg Glusker, moderated by our own Nancy Myrland (@nancymyrland) of Myrland Marketing & Social Media.

Before I get into the meat of the session (and boy, was it meaty!), I want to make sure to note that if you’d like to join the Legal Marketing Association, you can take a look at the options and categories for membership over here

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2014 Annual Review of Law & Practice

The Continuing Legal Education Society of British Columbia has just released its new Annual Review of Law & Practice. Now in its 23rd edition, the book compiles and analyzes the key developments from 2013 in more than 35 legal areas. Jeffrey Vicq, a partner in Clark Wilson’s Technology and Intellectual Property Groups, authored the chapter on Copyright Law.

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$4 Million Stanford Settlement – Business Associate Pays Majority

Remember the $20 Million class action law suit against Stanford due to the posting of an Excel file online by a Business Associate?  The law suit, driven by California state privacy laws recently settled for $4 Million, with the Business Associate paying the bulk of the settlement.  The class action suit, one of five large […]
The post $4 Million Stanford Settlement – Business Associate Pays Majority appeared first on OMW Health Law.

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

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The Enforceability of Predispute Arbitration Agreements With Respect to Dodd-Frank and SOX Whistleblower Retaliation Claims Continues to be a Puzzle

By John F. Fullerton III and Jason Kaufman

Almost four years after it was enacted in 2010, the full impact of the Dodd Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) on the enforceability of predispute arbitration agreements is not completely clear.  Some whistleblower retaliation claims are still subject to mandatory arbitration agreements, while others plainly are not, depending upon when the arbitration agreement was executed, the statute under which the claim is brought, and the jurisdiction in which the employer and employee find themselves.

First, prior to the passage of Dodd-Frank, courts had held that whistleblower retaliation claims filed under Section 806 of the Sarbanes-Oxley Act (“SOX”) could be compelled to arbitrate under mandatory arbitration agreements between an employer and employee.  Dodd-Frank amended Section 806 to include an explicit ban on agreements to arbitrate SOX claims: “No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section.”  There is a split in authority, however, regarding whether this provision applies retroactively to invalidate arbitration agreements executed before Dodd-Frank was enacted.  Federal courts in Massachusetts and New York [pdf] have reasoned that retroactive application is appropriate because congressional intent as to the temporal scope of the statute is unclear, and because the right to arbitrate is jurisdictional – i.e., relates only to the forum in which claims can be heard – rather than substantive.  Courts in New Jersey (most recently) [pdf], Nevada, Colorado, South Carolina, and the District of Columbia, on the other hand, have rejected this rationale based on the well-settled presumption against statutory retroactivity, and their determination that the right to arbitrate is not merely a question of jurisdiction, but a vested contractual right that cannot be withdrawn retroactively absent clear congressional intent.  Thus, in the latter jurisdictions, some SOX claims remain arbitrable if the arbitration agreement pre-dates Dodd-Frank.

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ILN Today Post


Effective January 2014, New York State employers may avail themselves of three employment-based tax credits when hiring military veterans, minimum wage employees, and youths. More…

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College Football Sacked By NLRB: Scholarship Athletes are Employees

By Steven M. Swirsky and Adam C. Abrahms

The Regional Director for the NLRB’s Chicago Region has found that football players at Northwestern University who receive scholarships are “employees” for purposes of the National Labor Relations Act.  Some of the football players blindsided the University, NCAA and college athletics by filing a petition to be represented by the College Athlete Players Association (CAPA), a putative union funded and supported by the United Steelworkers union. As only “employees” are covered by the National Labor Relations Act, finding them to be employees was necessary before the a representation vote could be held.

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Do I have to accept an executorship?

A good friend (or client) of yours has sadly passed away and has named you as an executor of his Will.  What do you do now?  Must you act?

It is always flattering to be trusted with such a responsible role.  In some respects, you may feel morally obligated to act.  However, it is always worth taking some time out to think carefully about what you are taking on before you say yes; something that a solicitor can help you do, as we regularly deal with estate administrations and know what they really entail.
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CSA Publishes Proposed Amendments to NI 45-106

By Andrew Charters

The CSA has published for comment proposed amendments to NI 45-106 (Prospectus Exemptions) that would require accredited investors to sign another risk acknowledgement form and would prohibit individuals from qualifying under the $150,000 minimum investment prospectus exemption.

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Crowdfunding Prospectus Exemption Could Spread Across Canada

By Bernard Pinsky

On March 20, 2014, the securities commissions in several Canadian provinces published a proposed prospectus exemption modelled on the Saskatchewan Equity Crowdfunding exemption adopted on December 6, 2013 (the start-up crowdfunding exemption). All such provinces are requesting comment on whether a similar exemption should be adopted.

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Multistate Tax Update — March 27, 2014

On March 20, 2014, Michigan Gov. Rick Snyder signed legislation (H.B. 4291) to ensure taxpayers have the right to request and receive all relevant audit work papers, as well as the audit report of findings supporting the audit determination.

“Undergoing a tax audit is a difficult process, and this bill will make sure taxpayers who are being audited have access to all pertinent information so they can be as prepared as possible,” Gov. Snyder said in a statement.

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