Monthly Archives: March 2015

Premera Breach: Is HIPAA Compliance Enough?

Many health care businesses assume that HIPAA compliance guarantees protection from data breaches. Unfortunately, this is not a correct assumption. The health insurance company Premera Blue Cross recently announced that it was the target of a sophisticated cyber attack.  It is estimated that the personal information of eleven million individuals may have been accessed by […]

The post Premera Breach: Is HIPAA Compliance Enough? appeared first on OMW Health Law.

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

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“Ask the Expert”- Free Employment Law Seminar

We would be delighted if you could join us at our next “Ask the Expert” employment law seminar, which is being held at 29, Royal Exchange Square on Friday 27th March 2015. As always, the seminar will be jointly hosted with Syme Drummond, recruitment specialists.

This time round, we will be looking at the legislative changes taking effect in April, with particular focus on the new Shared Parental Leave scheme coming into force on 5th April. Additionally, we will provide an updated overview of recent developments in the holiday pay cases that have caused difficulties for so many employers recently.

Members of our employment team will be on hand to also provide their practical views and opinions on the matters raised by you, so please do let us know in advance of any other topics you would like us to cover during the seminar.

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HOW GCS AND BOARDS CAN BRACE FOR THE CYBERSECURITY STORM

Law360

In a recent Law360 article, Beirne, Maynard & Parsons partnerScott D. Marrs and founding partner Martin D. Beirne discuss the rise of cyber attacks and how corporate America should assess and strengthen their cyber security safeguards to not only avoid reputational damage but also theft of their intellectual property. To read the article, please access the following pdf.

PDF FileHow GCs and Boards Can Brace For The Cybersecurity Storm

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Week of March 16, 2015 on ILNToday – A Roundup

It may be the first day of spring, but the weather says we’re having “conversational snow” today – even I, a lover of the the winter and colder weather, am over this winter and ready for spring (but not summer, let’s be clear on that). So with my daffodils peeking out already, let’s hope the weekend brings more warmth than grey skies!

I am bringing you LOTS of great content from my lawyers this week, including one “grey” related post that I promise you’ll like:

 

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — March 20, 2015

There may finally be a permanent doc fix, something that has evaded members of both chambers for years despite plenty of pressure to find one. A bipartisan deal between leading healthcare authorizers in both parties was reached in the House to permanently replace the Sustainable Growth Rate (SGR) formula, which determines reimbursement rates for various Medicare services. Since 2003, Congress has passed short-term “patches” to the SGR to prevent providers from turning away patients because of looming drastic cuts to services. This week’s agreement is one of the most promising deals to finally reach a long-term solution.

The permanent fix takes a number of major steps to reform provider reimbursement. It replaces the SGR formula for individual services with a value-based performance program. It incentivizes coordination of care and preventive care through alternative payment models. It also provides more transparency to patients so they can find better and more affordable providers. If adopted, the legislation would cost roughly $200 billion, according to preliminary estimates.

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Business Law Alert: New capital rules have consequences

As a result of the Dodd-Frank Wall Street Reform Consumer Protection Act (the Dodd-Frank Act), new capital rules were implemented for all banks and thrifts effective by Jan. 1, 2015.

Under the new capital rules, credit facilities that finance the acquisition, development, or construction (ADC) of real property are classified as high volatility commercial real estate (HVCRE). Classification as HVCRE occurs for the period of the project; upon completion of a project and either repayment of the loan or movement to permanent financing, such loan is no longer classified as HVCRE.

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Lauren Liang presents to the Condominium Home Owners Association of BC for their Spring 2015 Seminars

Last night, Lauren Liang presented to the Condominium Home Owners Association of BC (CHOA). Lauren discussed all aspects of the fees and costs that strata corporations may collect and the collection tools available. This was the first of a series of seminars that Lauren is engaged to present. Upcoming presentations: Saturday, March 21, 2015 and Monday, March 23, 2015.

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Managing the transition: the impact of Canada’s new Trademarks Act on pending trade-mark applications

The recent amendments to Canada’s Trade-marks Act present many interesting opportunities and challenges to brand owners and their counsel.  This article focuses primarily on the impacts for Canadian trademark applications that are pending at the time the amended Act comes into force—that is, applications that have been filed with the Canadian Intellectual Property Office (CIPO) but that have not yet issued to registration.

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CASL Update – Installing a Computer Program without Consent is now Illegal

As we previously reported in our October 2014 issue, the computer program provisions of Canada’s anti-spam law (“CASL”) came into force on January 15, 2015. While these provisions are commonly referred to as the malware or spyware prohibition, CASL goes beyond prohibiting the installation of malware or spyware to broadly regulate the installation of computer programs even where there is no inappropriate purpose. As such, any organization which offers software or mobile applications to their customers, on a stand-alone basis or as part of another product, should review their installation practices and develop a policy to ensure compliance with these CASL provisions. In developing a compliance policy, there are several factors to keep in mind.

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Young Estate (Re) v. Szabo – Is there sufficient evidence that a gift was intended?

When an individual makes a gratuitous transfer of money or property (other than to a spouse or dependent child), the law presumes that the transfer is not intended as a gift.  Instead, the law presumes that the money or property is held in trust by the recipient.  This concept is called the presumption of a resulting trust.  In any given case, the presumption may be rebutted by evidence of the person’s intention to gift the money or property at issue.

A recent decision of the British Columbia Supreme Court, Young Estate (Re) v. Szabo, 2015 BCSC 388 [“Young Estate”] illustrates the evidence the Court will consider in determining whether the presumption of resulting trust has been rebutted.  The issue in Young Estate was whether a $100,000 cheque given by the deceased, Ms. Young, to the defendant, Mr. Szabo, was held on a resulting trust or, rather, intended to be a gift.

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