Monthly Archives: August 2014

The Value of Oaths -Telling the Truth for the Sake of the Truth

A few years into my litigation practice, a partner in the Toronto law firm where I worked asked me to conduct a trial for the brother-in-law of his legal assistant.  The brother-in-law, John, was an independent contractor whose contract had been terminated by a large corporation.  John sued the company, claiming that he was an employee rather than an independent contractor and thus was entitled to receive reasonable notice of the termination of his contract. 
At trial, John testified about the details of his relationship with the company.  After the briefest of deliberations, the judge gave oral reasons dismissing John’s claim.  Looking down, disapprovingly at John, the judge said, “I find John’s testimony to be quite phantasmagorical”.
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Flexible Working: How does it Work?

On 30 June 2014, the changes to flexible working came into force.This means that all workers now have the right to request flexible working.

Flexible working can be both beneficial for workers and employers, however being aware of the legal requirements and procedures is also important for both parties.

• In order to qualify for the tight, must have 26 weeks’ service with the business

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Healthcare Alert: FDA to focus on Laboratory Developed Tests

The Food and Drug Administration (FDA) provided notice to Congress on July 31, 2014 of its intent to issue draft guidance regarding regulatory oversight of laboratory developed tests (LDTs), including reporting and premarket submission requirements. The FDA treats LDTs as a subset of in vitro diagnostic (IVD) devices, which are currently regulated as medical devices under the Federal Food, Drug, and Cosmetic Act. According to the FDA, it has always had the authority to regulate LDTs, but has chosen to exercise its enforcement discretion.

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Healthcare Alert: FDA now plans to focus on regulatory requirements for Laboratory Developed Tests

The Food and Drug Administration (FDA) provided notice to Congress on July 31, 2014 of its intent to issue draft guidance regarding regulatory oversight of laboratory developed tests (LDTs), including reporting and premarket submission requirements. The FDA treats LDTs as a subset of in vitro diagnostic (IVD) devices, which are currently regulated as medical devices under the Federal Food, Drug, and Cosmetic Act. According to the FDA, it has always had the authority to regulate LDTs, but has chosen to exercise its enforcement discretion.

An LDT is defined by the FDA as “an IVD that is intended for clinical use and designed, manufactured and used within a single laboratory.” The FDA notes that there are likely tests being marketed as LDTs that are not truly LDTs based on this definition, but in order to maintain access to these tests the FDA will be applying the same framework to any IVD offered or marketed as an LDT by a laboratory. 

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Two for Tuesdays: Business Lessons from The Giver Movie Premiere

Before I get underway with this week’s Two for Tuesdays, I have to say how saddened I am over the loss of Robin Williams. My thoughts are with his friends and family at this impossibly difficult time.  He brought us such joy, showed us how to be kind and giving, and will be so deeply missed by so many.

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ILN Today Post

LOCAL: Confusion reigns over exports en route to Russia – ILN member quoted

by Danielle Shaw

Russia’s one-year embargo on agricultural imports from Australia will most inconvenience shippers whose exports are currently en-route to Russian markets.

Canberra is seeking clarification on whether Russia will allow these products entry. 

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New Research Shows Overwhelming Discrimination After Pregnancy

According to new research released today, women often become ‘derailed’ from their careers after falling pregnant.Six out of 10 women complained of discrimination and being seen as part of the “mummy track” and thus being taken less seriously in their careers.

The research into the experiences of more than 2,000 working mothers and tackles discrimination issues affecting hundreds of mothers all over the country each year.

A majority of new mothers feel forced to prove their work after returning to work and feel that they are denied opportunities as a result of having children.

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Take 5 Newsletter: Five Documents That Financial Services Employers Should Revisit Now

My colleague Lauri F. Rasnick put together “Five Documents That Financial Services Employers Should Revisit Nowin this month’s Take 5 newsletter.  Below is an excerpt:

With summer here, including its long days and blazing heat, many thoughts may turn to beaches, sunshine, and lazy afternoons. The summer may also be a good time for employers—especially those in the financial services sector—to take stock of some of their more important employment documents. In light of recent developments, this month’s Take 5 discusses five employment documents worth checking:

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ILN Today Post

Bank’s subrogated priority position confirmed

The recent decision of the Federal Court in the matter of Divitkos, in the matter of ExDVD Pty Ltd (In Liquidation) [2014] FCA 696 confirms that where a receiver is required to make a payment under Section 433 of the Corporations Act 2001 (Cth) (Act) to a priority creditor (such as employee entitlements), the secured creditor (who appointed the receiver) may be entitled to be subrogated to the rights of that priority creditor in the winding up of the company.  More…

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ILN Today Post

Tax News 2014 – The amendment to the Slovak Income Tax Act

The newest issue of the PETERKA & PARTNERS features the main changes affecting the Czech Businessmen active in Slovakia as per amendment to the Slovak Income Tax Act (ITA); More specifically changes affecting the taxation of the Czech employees working in Slovakia in the name and on the account of Slovak companies and the creation of the permanent establishment of Czech companies rendering services in Slovakia. More…

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