Monthly Archives: September 2014

Rainmaking Recommendation from Jaimie Field: A LinkedIn Rant

Today’s rainmaking recommendation from Jaimie Field is a little bit different – it’s not strictly one of her recommendations, but is a rant she published via her LinkedIn publishing platform yesterday, with some advice on what NOT to do when trying to sell your products and services.

Since I wholeheartedly agree with her, I wanted to share this with you today – it’s great advice to keep in mind when you’re reaching out to someone for the first time, whether through LinkedIn, on the phone, or in person!


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Five ACA Issues that Employers Should Be Following


Our Epstein Becker Green colleagues have released a new Take 5 newsletter: “Five ACA Issues that Employers Should Be Following” by David W. Garland, Adam C. Solander, and  Brandon C. Ge.  Below is an excerpt:

Employers have about three months to finalize their employer mandate compliance plans under the Affordable Care Act (“ACA”). While most employers are in the final stages of planning, this month’s Take 5 will address five ACA issues that employers should be aware of as they move forward:

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Healthcare Alert: The rapid growth in anesthesiology merger and acquisition transactions

Anesthesia groups are being acquired at a pace not seen before. In fact, the anesthesia sector is one of the most active deal sectors in healthcare. There are several large strategic acquirers operating in the marketplace with new buyers (often backed by investment funds) emerging with frequency. Valuations for anesthesiology practices have soared in recent years, due to a perfect-storm combination of factors. Buyers perceive the ability to increase the value of acquired practices through the cost savings and revenue growth associated with larger size and clout. Their primary focus is on enhanced payer contract relationships and the further expansion, where possible, of the care-team model (leveraging the ratio between physician-anesthesiologists and certified registered nursing anesthetists). In addition, buyers listed on the public markets are currently enjoying very strong multiples, so their ability to pay high multiples without dilution of their own equity is driving higher multiples in the acquisition marketplace. Lastly, supply and demand: there are more buyers than ever before, generating a greater interest level and more competition for any anesthesia practice interested in selling. Thus, it’s a seller’s market.

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Two for Tuesdays: Start Your Networking BEFORE a Conference

On this Two for Tuesdays, we’re gearing up for next week’s European Regional Meeting in Oslo! Our conferences always get me thinking about best practices for networking, so that my attorneys can make the most out of their conference attendance (and you can too!).

It’s easy to think of networking as something that happens only AT a conference or event, but if you’ve been reading along here at Zen, you know that it’s something that really occurs before, during and after. Since we’ve still got over a week until the conference kicks off, let’s focus today on two tips for networking before a conference. 

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ILN Today Post

Dr. Andrzej Malec, Partner at Kochański Zięba Rapala & Partners, has been appointed to be the new Rector at WSAP in Białystok

On September 5, 2014, Dr. Andrzej Malec assumed the post of Rector at the Stanislaw Staszic College of Public Administration in Bialystok. The task of the new Rector will encompass restructuring the college: adjusting to new market challenges and the strengthening of its business profile. The College will renew relationships with business associations, including law firms, so as to ensure that the education of students is best tailored to market requirements. This will be of huge benefit to students who shall be better prepared in their efforts of seeking employment or with a view to commencing their own business, as well as for business associations that will receive a labor force which is qualified in accordance with their needs. More…

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Special Report: Is a "legal marijuana business" really legal?

As more states legalize marijuana for medical or recreational use, budding entrepreneurs believe they will get rich from marijuana businesses that comply with the laws of a particular state (so-called “legal marijuana businesses”). They see opportunities to grow marijuana, to own marijuana dispensaries, and to manufacture and sell marijuana-related products. Investors and financiers envision huge returns on capital. Vendors and professionals, including lawyers and bankers, see new markets for their products and services. It is a modern day (Acapulco) gold rush. It is also a smoke screen.

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How The Apple Class Certification Ruling Affects All Tech Companies

By Ian Carleton Schaefer, Meg Thering and Gregg Settembrino[1]

The unrelenting wave of wage and hour suits continues to roll through the high-tech industry.

On July 21, 2014, in Felczer v. Apple Inc., Judge Ronald S. Prager of the Superior Court of California granted class certification as to a class of  approximately 21,000 current and former Apple retail and corporate employees on claims alleging Apple failed to provide timely meal and rest breaks as required under California Law. The California Labor Code, with a few exceptions, requires employers to provide non-exempt employees with 30-minute unpaid and duty-free meal breaks for every five hours worked. Additionally, employers must authorize and permit all non-exempt employees to take paid rest periods for a duration of 10 minutes for every four hours worked. The penalty for failing to provide statutory meal and rest periods is a one-hour meal period premium for each employee for each missed meal or rest period, at his or her regular hourly rate of pay.

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BAAs and Beyond: Meeting the 9-22 HIPAA Deadline

Reprinted blog post from DocuSign. Interview between Jennifer Royer of DocuSign and Dave Schoolcraft. In under two weeks, Covered Entities and Business Associates are required to complete renewed Business Associate Agreements (BAA) to comply with more stringent HIPAA regulations for BAAs that were in place prior to January 2013. We sat down with Dave Schoolcraft, who leads […]

The post BAAs and Beyond: Meeting the 9-22 HIPAA Deadline appeared first on OMW Health Law.

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

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Canadian Securities Administrators Propose New Take-Over Bid Rules

By Bernard Pinsky

On September 11, 2014, the Canadian Securities Administrators (CSA) announced that they intend to publish for comment a new harmonized regulatory proposal to Multilateral Instrument 62-104 Take-Over Bids and Issuer Bids and Ontario Securities Commission Rule 62-504 Take-Over Bids and Issuer Bids (for Ontario) (collectively, the Proposed Bid Amendments).

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What does it mean to be a fiduciary?

A family member or friend has died and you are named as the executor and trustee under their will. You are flattered and honored, but you’ve never acted in this capacity before and you’re unsure of what exactly it means. One key thing you should be aware of is that, if you take the role, the law considers you to be a fiduciary –meaning your conduct will be held to high standards developed by the courts over many centuries.

The hallmarks of a fiduciary relationship, as summarized by the Supreme Court of Canada, are as follows:

  1. The fiduciary has scope for the exercise of some discretion or power.
  2. The fiduciary can unilaterally exercise that power or discretion so as to affect the beneficiary’s legal or practical interests.
  3. The beneficiary is peculiarly vulnerable to or at the mercy of the fiduciary holding the discretion or power.
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