Monthly Archives: August 2014

Standing Out in a Sea of Content: A Webinar Recap

Yesterday, the LMA Social Media SIG group was treated to a wonderful webinar, which focused on the 2014 State of Digital and Content Marketing Strategy survey done by Greentarget, Zeughauser Group, and ALM. The webinar featured John Corey (@jecorey), the president and founder of Greentarget, and Mary K. Young (@MaryKYoungZG), a partner at Zeughauser Group. 

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Overtime in the Calculation of Holiday Pay

The Employment Appeal Tribunal (EAT) recently heard several important cases concerning the calculation of holiday pay. More specifically, in the cases of Bear Scotland Ltd v Fulton and another; Hertel (UK) Ltd v Wood and others; Amec Group Ltd v Law and Others, the EAT held that non-compulsory overtime could be accounted for when calculating holiday pay.

The EU Working Time Directive (2003/88/EC) stipulates that workers have the right to at least four weeks of paid annual leave. Under the Working Time Regulations 1998, employees are entitled to a ‘week’s pay’ for every week of annual leave taken. In the past, it had been suggested that only compulsory overtime – which employers were obliged to give and employees were required to work – would be used to calculate the value of a week’s pay. That position, however, had to be reconsidered in light of the decision of the Court of Justice of the European Union in Case C-155/10 British Airways v Williams, which made it clear that payments for overtime should be accounted for, as long as they were ‘intrinsically linked’ to the employment contract.

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ILN Today Post

Customs Delivers Duty Pain with New Notice

The Australian Customs and Border Protection Service (“Customs“) published an Australian Customs and Border Protection Notice (“ACN“), ACN 2014/36, on or about 14 August 2014, but dated 31 July 2014, advising of the revocation of ACN 2000/30.  ACN 2000/30 represented Customs’ view from the year 2000 on the interaction between the relevant Incoterms and liability for customs duty.  Specifically, ACN 2000/30 clarified the previous position of Customs as to who the owner of imported goods was for Customs entry purposes, and who the importer was for Goods and Services Tax (“GST”) purposes in regards to Delivery Duty Paid (“DDP“) and Delivery Duty Unpaid (“DDU“) transactions.   More…

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Multistate Tax Update — August 21, 2014

The Court of Appeals of Colorado affirmed a lower court ruling providing that pipelines and fittings located in one of Colorado’s enterprise zones, which are used to gather and deliver natural gas from a taxpayer’s wells to its’ processing facilities, qualify for Colorado’s sales tax exemption because these items of machinery “are in direct use in the manufacturing of natural gas.” (Pioneer Natural Resources USA Inc. v. Colorado Department of Revenue, 2014 COA 101 (Colo. App. Div. I 2014)).

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Rainmaking Recommendation from Jaimie Field: The Rainmaking Habit

My friend & rainmaking coach and trainer, Jaimie Field, is back with an excellent post today on why you should be motivated to create some new rainmaking habits!

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Recently, I have been trying to develop some habits which will have a positive effect on my life.

One of them may seem a bit silly: Make my bed every day.

This is a task that has always eluded me since I was a child when my mother, who was a bit OCD,
would insist upon it. I think I rebelled against it and have had an issue doing so. However, as Gretchen Rubin wrote in her blog-turned-book: “The Happiness Project” the most popular resolution for happiness is making your bed. One of the reasons, she thinks, is because it is one small step that causes you to feel like you accomplished something. Besides, I don’t know about you, but it only takes me 1 minute and 34 seconds to make my bed – I actually timed it the first day so I wouldn’t have an excuse – and I like coming home to a neat place.

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ILN Today Post

7 ADVERTISING COMPLIANCE TIPS FOR CREDIT UNIONS (WEDNESDAY, AUGUST 20, 2014)

Every credit union advertises. And, every credit union faces the same question: what disclosures are required on my advertisement? Often, there are internal discussion and meetings (fights?) at the credit union – most likely involving those responsible for marketing and those responsible for compliance.

How can credit unions understand and manage the compliance risks related to their advertising? I’ve been fortunate to work with credit unions throughout the country – first as the lead compliance attorney at NAFCU and now in private practice. Based on this experience (I’ve spent a good deal of time “in the weeds” of the overlapping regulations), below are my 7 Advertising Compliance Tips for Credit Unions. More…

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Large Data Breach Highlights Risks from Foreign Hackers

Community Hospital Systems (CHS) has announced that the personal information of approximately 4.5 million patients has been breached.  According to CHS, the information includes patient names, addresses, social security numbers, telephone numbers, and birthdates. Although the breached records do not contain the details of the patients’ treatment at CHS’ hospitals, the identifying information in the […]

The post Large Data Breach Highlights Risks from Foreign Hackers appeared first on OMW Health Law.

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

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Two for Tuesdays: What NOT to do When Speaking with a Client

This week’s Two for Tuesdays suggestion comes straight from my friend, Nancy Myrland of Myrland Marketing – Strategic Social Media, who has two tips for what we should avoid doing when speaking with clients – and these are excellent ones. These are bad habits that we’ve all gotten into (not just with clients, but in general), and I’m certainly guilty myself! 

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ILN Today Post

Container detention fees an unlawful penalty?

There have been ongoing debates as to the quantum of container detention fees charged by shipping lines.  This has been a controversial issue, as many are of the view that the heavy fees imposed do not constitute a genuine pre-estimate of the damages expected to be suffered from the late return or non-return of a shipping container and are better considered as penalties and unenforceable.

This issue has been reawakened by a class action filed on 12 August 2014 against ANZ, Citibank and Westpac (“the New Class Action”).  The New Class Action follows on from a series of previous litigation concerning the enforceability of the quantum of certain bank fees.  More…

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ILN Today Post

HOWARD & HOWARD CONGRATULATES OUR BEST LAWYERS 2015

Royal Oak, Michigan, August 19, 2014:  Howard & Howard Attorneys PLLC is pleased to announce that thirteen of our attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2015. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey. Over 52,000 leading attorneys cast more than 5.5 million votes on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” More…

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