Monthly Archives: November 2014

ILN Today Post

Digital Media, Technology & Privacy Alert >> Mobile Shopping Apps Do Not Provide Sufficient Disclosures to Consumers, FTC Staff Report Finds

A staff report issued by the Federal Trade Commission (FTC) in 2014 found that many “mobile shopping” apps do not provide consumers with important information prior to download (such as how the apps manage payment-related disputes or handle consumer data). As such, the report contains a number of recommendations to companies that offer these apps to improve transparency at point-of-download and beyond. More…

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ILN Today Post

Digital Media, Technology & Privacy Alert >> California Amends Data Breach Notification Rules, Which “May” Include Free Credit Monitoring

California Governor Edmund G. Brown Jr. has now signed into law a bill that amends the state’s data breach rules – including a provision that references the provision of free credit monitoring, though the law does not appear to make these services mandatory.

Background
In 2003, California became the first state in the United States to enact a security breach notification law, requiring businesses that own or license personal information of California residents to notify people of unauthorized access to their unencrypted information. More…

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Miller Samuel Movember Update – Week 3

Week 3

We’re now on the home straight. During the past week all 5 participants have had strange looks and various comments of a derogatory nature. Ryan is still sticking safe with the goatee look, but the four others have stuck to the 70s look as far as possible. One week left to match the efforts of Tom Selleck and Graeme Souness at his prime…

Of course, this is all for a good cause. Please donate what you can to Cancer Research by clicking on this link. Your donations are greatly appreciated.

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"CMS Chronic Care Management Medicare Reimbursement: Sizeable Revenue, Health Outcome Opportunities," Hindmad quoted in HIN

Beginning January 2015, Medicare will pay a flat, monthly chronic care management (CCM) fee to providers coordinating care for beneficiaries with more than one chronic condition. This change will expand the current Medicare payment policy to include non face-to-face management services previously included within payments for evaluation and management (EM) services, amount to about $40 a beneficiary, a sizeable new source of revenue for eligible providers.

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Ohio Statehouse Update: This Week in Ohio — November 21, 2014

The Ohio House this week passed House Bill 276, legislation that implements changes to Ohio’s medical liability laws. The bill updates Ohio’s “I’m Sorry” law to allow healthcare professionals to have a broader conversation with a patient following an adverse event and protects that conversation from later being introduced into evidence as an admission or statement against interest. Current law provides that, in any civil action regarding an unanticipated outcome of medical care, any expressions of apology or sympathy made by a healthcare provider are inadmissible as evidence of liability.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — November 21, 2014

Finally making good on threatened executive action on immigration, last night, President Obama delivered the largest protection for undocumented immigrants in nearly 30 years.

When Obama took office, he pledged to break America’s broken immigration system. He managed to get a bipartisan immigration bill passed in the Senate. Still, the legislation stalled in the House.

Obama made the case on Thursday night that if House leaders had simply agreed to put the Senate bill to a vote then it would have passed and his executive action wouldn’t be necessary.

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Anbefalinger for god fondsledelse af erhvervsdrivende fonde

Anbefalingerne er udarbejdet i forlængelse af den nye lov om erhvervsdrivende fonde, der blev vedtaget den 3. juni 2014.

Loven indeholder en bestemmelse om, at bestyrelsen skal redegøre for, hvorledes de forholder sig til de af Komitéen for god Fondsledelse udarbejdede anbefalinger for god fondsledelse.

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“Ban the Box” is Coming to Illinois

Jason Tremblay

Illinois has become the 5th U.S. state to prohibit inquiries about criminal history on initial applications from most private sector jobs. Commonly known as “ban the box” legislation, the “Job Opportunities for Qualified Applicants Act” requires private employers or employment agencies in Illinois who employ at least 15 employees to evaluate an applicant’s skills and qualifications before inquiring into the applicant’s criminal history. While asking about criminal history is not prohibited, employers are prohibited from making inquiries into criminal backgrounds and convictions until later in the interviewing process. Specifically, an employer or employment agency cannot “inquire about or into, consider, require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview….or, if there is not an interview, until after a conditional offer of employment is made to the applicant….”

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TARK GRUNTE SUTKIENE advised Citycar OÜ on the sale of a share in Jazz Pesulad

Citycar OÜ sold its 38.5% share in Jazz Pesulad. Jazz Pesulad is a car wash chain that is based on Estonian capital and offers various vehicle cleaning services. Jazz Pesulad was founded in 2003 with an innovative and modern concept of car washing services.

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Connecticut State Court Rejects Trade Secrets Theft Complaint

After a bench trial, a Connecticut state court rejected a violation of trade secret complaint by an employer against a former employee in BTS USA v. Executive Perspectives, Superior Court, Waterbury, Docket No. X10-CV-116010685 (Oct. 16, 2014). The plaintiff, BTU USA, provides training and consulting services to corporate clients using learning maps, computer simulations and board games. The defendant, Executive Perspectives (“EP”), offers essentially the same services and products.

Marshall Bergmann, a former BTS Senior Director who had access to much of BTS’ proprietary information, had signed a non-compete clause stating, among other things, that when he left, he would not solicit current BTS customers, or any client BTS had, during the last two years of his employment. BTS claimed that after Bergmann left his employment, he violated the non-compete provision by contacting and soliciting BTS clients through LinkedIn, and he stole some of the technology and products, such as packaging, the name of the packaging vendor and client lists, in violation of the Connecticut Uniform Trade Secrets Act. Other claims included Connecticut Unfair Trade Practices Act Violation, tortious interference with business relationships and breach of contract.

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