Monthly Archives: September 2014

ILN Today Post

Client Alert – California to Guarantee Paid Sick Leave

On August 30, 2014, the California Legislature approved AB 1522, the Healthy Workplaces, Healthy Families Act of 2014, which guarantees the vast majority of employees in California at least three days of paid sick leave per year. On the same day, Governor Jerry Brown issued a statement signaling his intent to sign the bill into law. Below are just some of the new law’s features which will take effect on July 1, 2015: More…

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Meaningful Use Attestation in 2014 – Picture Update

CMS and the Office of the National Coordinator (ONC) recently announced modifications to the meaningful use attestation requirements for 2014. Following significant lobbying from EHR vendors, eligible professionals (EPs), and hospitals, CMS issued a brief reprieve to meeting Stage 2 meaningful use in 2014 – for some lucky participants. Recognizing that EPs and hospitals may […]

The post Meaningful Use Attestation in 2014 – Picture Update appeared first on OMW Health Law.

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NRRA 2014 National Conference- Data Breach: It’s Not “If” But “When”… Are you Prepared? (Giszczak)

Jim Giszczak will speak at the NRRA 2014 National Conference on Data Breach: It’s Not “If” But “When”… Are you Prepared? The conference will take place in Chicago on Sept. 30, 2014. Jim will speak alongside Nick Economidis, Underwriter, Beazley and Ryan Johnson, Director, Alvarez & Marsal LLC.

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MASH Sector Needs to Brace for Possible New Era in Procurement – Canada-EU Comprehensive Economic Trade Agreement (CETA)

By Roy Nieuwenburg

Heads Up – CETA is Coming

Until now, the MASH (municipal, academic, schools and hospitals) sector has in practice been relatively unscathed by federal trade agreements, such as the Agreement of Government Procurement, the North America Free Trade Agreement and the Agreement on Internal Trade (AIT). In contrast, the federal government and its agencies have been subject to and bound by these agreements and the companion federal Canadian International Trade Tribunal Act (CITT). The CITT gives disappointed bidders enforceable recourse against the federal government and its agencies where the principles and stipulations of the trade agreements are not observed.

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Partner or employee — How to distinguish between two concepts

Accountants, lawyers, physicians and all others carrying on business as a partnership with mandatory retirement provisions will want to pay close attention to the decision rendered by the Supreme Court in McCormick v. Fasken Martineau DuMoulin LLP. Theodore Goloff explains why.

Click here to read his comments.

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Is that a fixed term or an indeterminate term contract? The Court of Appeal provides insight

Whether an employment agreement is a fixed term contract, valid for a predetermined period, or an indeterminate term contract, valid until terminated otherwise than under its terms, has substantial significance.

The Quebec Court of Appeal recently shed new light on the criteria under which both types of contracts can be distinguished. Theodore Goloff discusses that case.

Click here to read his comments.

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The impact of a single word in an employment contract

To use a hockey metaphor: sometimes, a party to a contract will literally score an own goal. He will seize the puck and shoot in the direction of his own net while taking the goaltender’s attention away from the game.

Jacques Bélanger discusses a recent decision where one employer’s use of the word “guarantee” in a contract caused unwanted consequences — shooting, if you will, in its own goal.

Click here to read his comments.

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Identity theft: More than just a distant reality

Identity theft is a severe threat. Not only do you run the risk of losing substantial amounts of money, but restoring your credit and your reputation can require months of efforts.

As a law firm, we are concerned with your well-being and the protection of your assets. Jason S. Novak has come up with a few recommendations to help you minimize the risk of severe losses caused by identity theft.

Click here to read more.

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New rules on commercial trust registration

Did you know that trusts carrying on a commercial enterprise in Quebec must now be registered? Sharon G. Druker explains those new rules.

Click here to learn more.

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Unfair competition, use of confidential information and solicitation

Commercial and employment relations frequently require lawyers to examine whether one party’s behaviour is contrary to explicit clauses or implicit rules on competition and on the solicitation of clients.

RSS litigators Jean-Pierre Sheppard, Normand Laurendeau and Matthew McLaughlin were recently involved in two such cases. In one case, we opposed an application for an injunction. In the other, we sought the injunction.

Guess what: we won both cases. Click here to read more about this.

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